HomeMy WebLinkAbout01-4793Stipulations Aga~st Lier~
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENNSYL VANL4
CORPORATION
Ov~er
VILLAGE HOME BUILDERS,
INC.
CUMBERLAND
Docket Number dg/- Z~ ~.~
Page Number
Pennsylvania
Term l 9
~g[~erea~, on this 8th day of August, 2001, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE
DRIVE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A
PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as BRISBAIN DRIVE, LOT 78, Westwood
Hills,,, EAST PENNSBORO TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which
VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of record; and
~!~trga~, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to
be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for
labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be
waived hereby.
~a~a, lllis ~Agrrgmgnt tt~itnr~sttb: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and
intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all
subcontractors, materialman, laborers arm pa~ties acting for, through or under Contractor, that no mechanics' lien or
claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of
ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors,
materialman and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished arm
work and labor done.
~[l~b this agreement, waiving the right of lien by anyone, shall be an independent covenant end shall operate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the
erection, construction and completion of the building as well as to any work and labor done and materials furnished
under the contract aforesaid.
~[nb, in order to give the Owner full power end authority to protect owner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common
Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as
attorney for Contractor and in Contractor's name, mark satis~ed of record at the cost end expense of the Contractor, or of
any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any
subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of
ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a
reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the
authority herein contained to warrant such action, and the Contractor does hereby remisa, release, and quit claim all
rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching
or concerning the same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
VILL~S~W~ES~-VVOOD~.~.~EN, INC., OWNER
STIPULATION AGAINST LIENS- 2-8-00
File No. 01~297CDFN
ALL THAT CERTAIN lot of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more
particularly bounded and described as follows, to wit:
BEGINNING at a point on western dedicated fight-of-way line of Brisbein Lane at the dividing line of Lot #77 and Lot #78; thence by
line of Lot #77, South eighty-five degrees forty-three minutes twenty-four seconds West (S 85° 43' 24" W), one hundred five and nine
hundredths (105.09) feet to a point at the dividing line of Lot #118 and Lot #78; thence by line of Lot #I 18, North four degrees
fourteen minutes zero seconds West (N 04° 14' 00" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot
#79 and Lot #78; thence by line of Lot #79, North eighty-five degrees forty-three minutes twenty-four seconds East (Iq 85° 43' 24" E),
one hundred five and three hundredths (105.03) feet to a point on the western right-of-way line of Brisbaln Lane; thence by said righi-
of-way, South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), eighty and zero hundredths (80.00) feet to a
point at the dividin8 tine of Lot #78 and Lot #79, the place of BEGINNING
BEING LOt #78 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
SUBJECT to restrictions, conditions and easenaants as set forth on the above mentioned Subdivision Plan.
STIPULATION AGAINST MENS- 2~-00