HomeMy WebLinkAbout06-2976
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Stipulations Against liens
File Numbtr.fl6-17285C
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VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENNSYLVANIA
CORPORATION
In the Court o~ Common pleas County of
Owner
Cumberland
, Pennsylvania
Docket Number I".
';)'17(.II1l-.EJ
I
I
Term 19
VILLAGE HOME BUILDERS,
INC.
Page Number
Contractor
Whereas, on this 8th day of May, 2006, VILL.AGE HOME BUILDERS, INC. ('C ntractor") of 114 FOXSHIRE DRIVE,
LANCASTER PA 17601 has entered into a contract with VILLAGE HOMES AT WE TWOOD GLEN, INC., A
PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LAN CAST R PA 17601 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 66 BRISBAIN LANE, LOT 64,
WESTWOOD GLEN, Enola, PA 17025, , East pennsboro Township, Cumberland, ennsylvania described in Exhibit "A"
hereof, of which VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVA IA CORPORATION is the title holder
of record; and
Whereas, it is the intention of Owner and Contractor that neither said lot of groun 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 nyone to claim any such lien be
waived hereby. I
Now, Thi s Agreement Wi tnesseth: That Contractor, for and in consid ration of the contract aforesaid and
the considerations mentioned thereunder, as well as the further consideration of On Dollar ($1.00) to it in hand paid by
the Owner at or before the sealing and delivery of these presents, the receipt of whic is hereby acknowledged, and
intending to be legally bound hereby, does hereby covenant, promise and agree, for ontractor and any and all
subcontractors, materialmen, laborers and parties acting for, through or under Contr ctor, that no mechanics' lien or claim
or other lien or claim of any kind whatsoever shall be filed or maintained against the uildin9, improvements, lot of ground
or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and t at all subcontractors, materialmen
and laborers shall look to and hold Contractor personally liable for all subcontracts, aterials furnished and work and labor
done.
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And this agreement, waiving the right of lien by anyone, shall be an independent cov nant and shall operate and be
effective with respect to work done and materials furnished under any supplemental ntract for extra work in the erection.
construction and completion of the building as well as to any work and labor done an materials furnished under the
contract aforesaid.
And, in order to give the Owner full power and authority to protect OWner and the buil ing, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or throu h Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Atto neyof any Court of Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Cou s of Common Pleas as attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expens of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for t e Contractor, or any subcontractor
or materialman, or in the name of anyone or more of them against the building, impro ements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authori ,and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient e hibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, an quit claim all rights and all manner
of errors, defects and imperfections whatsoever in enterin9 such satisfaction of in an ise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
i
VILL.AG SAT W STWOOD GLEN, INC., OWNER
BY:
ROB C. RATHSAM, ICE PRESIDENT
E BUILD RS, INC., CONTRACTOR
ANT SECRETARY
STIPULATION AGAINST LIENS- 2-8-00.00C
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File No. 06.17285CDFN
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ALL THAT CERTAIN lot, piece, parcel or tract of land situated in Eas~ Pennsboro Township, Cumberland
County, Pennsylvania, known and designated as Lot #64 on the Final SUbdivision Plan for Westwood Hills
Phase V, as recorded in Cumberland County courthouse in Plan Book 87, Page 9, in which it is more fully
bounded and described as follows, to wit: ~
BEGINNING at an iron pin in the northern fifty (50) foot right-of-way kno as Memory Lane, at the comer of
Lot 63, as it appears on the aforesaid subdivision plan; thence along Lot 3, North thirty-one degrees twenty-
three minutes fifteen seconds West (N 310 23' IS" W), one hundred thirir-seven and ninety-nine hundredths
(137.99) feet to an iron pin at the comer of Lot 63; thence North sixty-seven degrees thirty-three minutes fifty-
nine seconds East (N 670 33' 59" E), eighty-nine and forty hundredths (89. ) feet to an iron pin at the comer of
Lot 65; thence along lot 65, South thirty-one degrees twenty-three minutes fifteen seconds East (S 310 23' 15"
E), one hundred twenty-four and eight hundredths (124.08) feet to an iron pin; thence along the northern fifty
(50) foot right-of-way of Brisbain Lane, South fifty-eight degrees thirty-se en minutes one second West (S 580
37' 01" W), eighty-eight and thirty-one hundredths (88.31) feet to an iron pi ,being the place of BEGINNING.
STIPULATION AGAINST L1ENS- 2-8-00.DOC
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