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Home My WebLink About06-1347 Stipulations Against Liens . File Number 04.16053C iM'c,R "j 2 2006 CHARTER HOMESAT SUMMER HILL, lNG., A PENNSYLVANIA CORPORATION In the Court of Common Pleas County of Owner Cumberland , Pennsylvania Docket Number 0 ~ ./3 '-f1 M 1..0 Term 19 YORK EXCA VATING COMPANY, mG. Page Number Contractor Whereas, on this ~ day of February, 2006, YORK EXCAVATING COMPANY, INC. ('Contractor") of 3096 EAST PROSPECT ROAD, YORK, PA 17402 has entered into a contract with CHARTER HOMES AT SUMMER HILL, INC., A PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for excavation and site development work upon the premises known as , CUMBERLAND COUNTY, PA, Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of hich 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 ot 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 ot 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 well as the further consideration at One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery ot 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 claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereot, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien 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 tull power and 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 ot 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 ot record at the cost and expense of the Contractor, or ot any subcontractor or materialman, any and all claims or ciaim, liens or lien, filed by or tor the Contractor, or any subcontractor or materialman, or in the name ot anyone or more ot 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 reterence to the Court, Term and Number in which this instrument shall have been tiled shall be a sufficient exhibit ot the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner ot errors, detects and imperfections whatsoever in entering such satistaction ot in anywise touching or concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHA~~MES AT SUMMER HILL, INC. BY RO ERT C. RATHSAM, VICE PRESIDENT ATTES~ BY:RO ERT C. RATJ:lsAM, ASSISTANT SECRETARY YORK EXC STIPULATION AGAINST L1ENS- 2-8-QQ.DOC ,j c "... c File No. 04-16053CDFN LEGAL DESCRIPTION FOR TYSON COMMONS ENTIRE TRACT LESS PARK SITUATED IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA ALL THAT CERTAIN piece, parcel or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: 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 teet; 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 teet, 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, 14. North 89 degrees 40 minutes 18 seconds East, a distance of 163.97 feet, 15. South 56 degrees 23 minutes 00 seconds East, a distance of 163.73 feet, 16. South 28 degrees 47 minutes 29 seconds East, a distance of 82.46 teet, 17. North 52 degrees 22 minutes 56 seconds East, a distance of 167.12 feet, 18. South 40 degrees 16 minutes 00 seconds East, a distance of 340.22 feet, 19. South 25 degrees 15 minutes 26 seconds East, a distance of 205.18 feet, STIPULATION AGAINST LIENS- 2.8.00.DOC ,. 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. STIPULATION AGAINST LIENS. 2-B.00.OOc 0:l~ ~, '" - --.> 'A.. V.' \..: or, 't' ..l ,-, ""'0 1'- .. C;, Z~ ~ ~;l ~ l, . ~ ~ ~ So ~. , \ '.,; ....., \.);:-.".- c-:"' \..~; 'w' .. L 'I-: ~--~