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Home My WebLink About05-3943 Stipulations Against Liens File Number 04-16053C CHARTER HOMES AT SUMMER HILL, lNG., A PENNSYL VANIA CORPORATION In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number dOO)"- 391(3 ;7IlV Term 19 CHARTER HOMES BUILDING COMPANY Page Number Contractor Whereas, on this 25th day of July, 2005, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER PA 17601 has entered into a contract with CHARTER HOMES AT SUMMER HILL, 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 WOODS DRIVE, TYSON COMMONS, CUMBERLAND COUNTY, PA, , Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT SUMMER HILL, INC" A PENNSYLVANIA CORPORATION is the title holder of record; and Whereas, 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. Now, This Agreement Witnesseth; That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as weil as the further consideration of One Doilar ($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, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or ciaim 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, materialmen and laborers shall look to and hold Contractor personally liabie for all subcontracts, materiais furnished and work and labor done, And this agreement, waiving the right of iien by anyone, shall be an independent covenant and 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, And, in order to give the Owner full power and authority to protect Owner and the building, improvements and iot 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 satisfied of record at the cost and 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 anyone 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 shail be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, 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, File No, 04-16053CDFN LEGAL DESCRIPTION FOR TYSON COMMONS ENTIRE TRACT LESS PARK SITUATED IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA eXJv. 'b, 1: ALL THAT CERTAIN piece, parcel or tract of land situate in Silver Spri Pennsylvania, more particularly bounded and described as follows: ownship, Cumberland County, BEGINNING at a rail road spike at the intersection of the centerline of Woods Drive and the northern property line of lands now or formerly belonging to Adele Ritter; thence along the centerline of Woods Drive North 54 degrees 28 minutes 00 seconds West, a distance of 1,170.52 feet; thence continuing along the centerline of Woods Drive South 80 degrees 33 minutes 31 seconds West, a distance of 23,64 feet; thence along lands now or formerly belonging to Franklin E. & June E. Kauffman and lands now or formerly belonging to Donald R. Snyder North 40 degrees 56 minutes 00 seconds West, a distance of 313,72 feet; thence continuing along the Snyder property North 42 degrees 00 minutes 00 seconds East, a distance of 26.40 feet; thence continuing along the Snyder property and lands now or formerly belonging to Gary E. Potteiger, Cindy Putt, and Jae A., James N, & Sue A. Harley North 42 degrees 44 minutes 00 seconds West, a distance of 544.46 feet; thence along the Potteiger property the following two courses: 1. North 28 degrees 35 minutes 00 seconds West, a distance of 246.51 feet. 2. South 64 degrees 25 minutes 00 seconds West, a distance of 232.60 feet; thence along lands now or formerly belonging to Phico Insurance Company North 02 degrees 26 minutes 00 seconds West, a distance of 722.50 feet; thence continuing along the above mentioned property and lands belonging to the Silver Spring Township Development Company and lands belonging to Silver Spring Township North 64 degrees 39 minutes 00 seconds East, a distance of 1,463.59 feet; thence through lands now or formerly belonging to Tyson Hills, Inc, recorded in Cumberland County Deed Book 256 Page 2425 the following thirty-one (31) courses: 1, South 25 degrees 21 minutes 00 seconds East, a distance of 81,52 feet, 2, South 81 degrees 11 minutes 05 seconds East, a distance of 87,07 feet, 3. South 63 degrees 22 minutes 40 seconds East, a distance of 166.79 feet, 4, South 25 degrees 21 minutes 00 seconds East, a distance of 99.72 feet, 5, South 85 degrees 38 minutes 43 seconds East, a distance of 92,25 feet, 6, South 74 degrees 10 minutes 01 seconds East, a distance of 74,30 feet, 7, South 15 degrees 49 minutes 59 seconds West, a distance of 90,88 feet, 8. Curve to the right, a radius of 275.00 feet, an arc length of 27,72 feet, a chord bearing of South 71 degrees 16 minutes 45 seconds East, a chord distance of 27,71 feet, 9, North 21 degrees 36 minutes 31 seconds East, a distance of 89,02 feet, 10, South 66 degrees 38 minutes 20 seconds East, a distance of 84.57 feet, 11, South 54 degrees 52 minutes 19 seconds East, a distance of 84.18 feet, 12, South 25 degrees 21 minutes 00 seconds East, a distance of 92,88 feet, 13, North 64 degrees 39 minutes 00 seconds East, a distance of 236,63 feet, 20, South 64 degrees 39 minutes 00 seconds West, a distance of 125.98 feet, 21, South 39 degrees 50 minutes 45 seconds East, a distance of 138.77 feet, 22. South 27 degrees 30 minutes 07 seconds East, a distance of 79.41 feet, 23, South 25 degrees 21 minutes 00 seconds East, a distance of 66,29 feet, 24, South 84 degrees 34 minutes 44 seconds East, a distance of 122,78 feet, 25. South 37 degrees 44 minutes 49 seconds East, a distance of 107.97 feet, 26, South 06 degrees 50 minutes 17 seconds East, a distance of 262.42 feet, 27, South 12 degrees 47 minutes 00 seconds East, a distance of 146,39 feet, 28. South 64 degrees 39 minutes 00 seconds West, a distance of 30.94 feet, 29, South 25 degrees 21 minutes 00 seconds East, a distance of 69,22 feet, 30. North 63 degrees 48 minutes 01 seconds East, a distance of 284.03 feet, 31, South 26 degrees 11 minutes 59 seconds East, a distance of 327,55 feet to a point on the northern property line of lands now or formerly belonging to Adele Ritter; thence along lands now or formerly belonging to Adele Ritter South 63 degrees 38 minutes 00 seconds West, a distance of 2,025.40 feet to the point of beginning, Containing 6,013,615 Sq, Ft. or 138.05 Acres, 1"--'1 r" t:~;:> .' ';::';J -n C)'\ --. 7:~: ::;j ~ ~ '"'- " l;"j ~ N \:) --00 ~ 9-J s... r~ ",. ~ ~ 0 ~ -. -<>