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Home My WebLink About02-2616Stipulations Against Liens File Number 02-7959C VILLAGE HOMES ~IT WESTWOOD GLEN, INC., A PENNS YL VANIA CORPORATION Owner VILLAGE HOME BUILDERS, INC. Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 19 Whereas, on this 23rd day of May, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVIEE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WES'I'WOOD 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 LOTS 9-16, BLDG 2, WESTWOOD TOWNS, Enola, PA 17025,, East Pennsboro Township, Cumberland, PENNSYLVANIA described in Exhibit "A" here¢ which VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION is the title holder of reco and f, of 'd; Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for i~ or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waive¢ hereby. Now, This A~'eement Witnesseth: 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 th~. 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,1 materialman, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lieq 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 and work and labor done. be ~bor Amd 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. ~md, in order to give the Owner full 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 Plffas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorne? 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 any one or more of them against the building, improvements, lot of ground or any pgrt thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Courl1 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 remise, release, and quit claim all rights and ail mar ~ner 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: VILLAtf ~lO/lll~ ~STW~O~0~OOD_, GLEN, IN C., OWl BY ',..,'v~,' ~ '0 v - :R(~;ERT P. BOWMAN, PRESIDENT ER STIPULATION AGAINST LIENS- 2-8-00 File No. 02-7959CDFN TRACT 1 ALL THAT CERTAIN lot or tract 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 the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-8 and #T-9, iaid pt~dmt also being located one hundred fifty and fifty-one hundredths (150.51) feet north of the northern extremity of an arc connecting northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way lline of Woodmyre Lane; thence by theI eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and zero hundredths (175.00) feet and arc length of thirteen and three hundredths (13.03) feet, said curve also having a chord bearing and distance oflqtorth sixty-seven degrees two minutes twenty-eight seconds West (N 67° 02' 28" W/ thirteen and thre~ ~---~--~-~- .......... ~ - · ., ,, ~ ,mimcuu~ [l~.U~) Ice[ [o a point at me dividing line of Lot #T-10 and Lot #T-9; thence by line of oLot ~T-10 and passing through the centerline of a partition wall No~th eleven degrees zero minutes twenty-seven seconds West (N 11 00 27" W), one hundred forty-four and ninety-eight hundredths ~ (144.98) feet to a point; thence by line of other lands of Westwood Hills South seventy-one degrees forty-one minutes fifty-seven seconds East (S 71° 41' 57" E), ten and forty-six hundredths (10.46) feet to a point; thence by same South forty-eight degrees nim teen minutes eleven seconds East (S 48° 19' 11" E), thirty-five and eighty-eight hundredths (35.88) feet to a point; thence by same, Sm th fi.fly-four degrees thirty-seven minutes thirty-three seconds East (S 54° 37' 33" E), twenty and forty-seven hundredths (20.47) feet to a point; thence continuing by other lands of Westwood Hills, South thirty-one degrees eighteen minutes forty-five seconds East (S 3 [o 18' 45" E), twenty and forty hundredths (20.40) feet to a point; thence by same South sixty-six degrees six minutes forty-three sec, ~nds East (S 66° 06' 43" E), sixteen and fifty-three hundredths (16.53) feet to a point at the dividing line of Lot #T-8 and Lot #T-9; thel ~ce by line of Lot #T-8, South twenty-five degrees five minutes thirty-three seconds West (S 25° 05' 33" W), ninety-two and seventyq tine hundredths (92.79) feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING. BEING Lot #T-9 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a twenty-five (25) foot wide drainage easement, a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 2 ALL THAT CERTAIN lot or tract of land situate in East Peunsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: . sB~I~,G a,t a. po!nt o~n ,the ea,stem, de. dicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-9 and Lot #T-10 pom[ mso oemg locatect one nunarecl sixty-three and fifty-four hundredths (163.54) feet north of the northern extremi of an a c' connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre ~tyade; then-~e by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and zero i hun .dredths (1.75.00) feet and an arc length of twenty-two and sixty-nine hundredths (22.69) feet, said curve also having a chord bya. nng. a.~.d, dls~anc,.e, of,,_N_o.rf~_, seventy-two degrees fifty-three minutes twenty-three seconds West (N 72° 53' 23" W), twenty-two a d sixty-eight nunareams [22.08) I~et to a point at the dividing line of Lot #T-I 1 and Lot #T-10; thence by line of Lot #T-11 and pas~g through the centerline of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 ° 00' 27" W). one hundred forty-five and forty-four hundredths (145.44) feet tooa p,o, int;,,tl},ence by line of other lands of Westwood Hills, Sou~ sevent~- one degrees forty-one minutes fifty-seven seconds East (S 71 41 57 E), twenty-two and eighty-nine hundredths (22.89) feet to a point at the dividing line of Lot #T-9 and Lot #T-10; thence by line of Lot #T-9 and passing through the centerline ora partition wal South eleven degrees zero minutes twenty-seven seconds East (S 11 o 00" 27" E), one hundred forty-four and ninety-eight hundredth (144.98) feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING. BEING Lot #T-10 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. STIPULATION AGAINST LIENS- 2-8-00 SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 3 ALL THAT CERTAIN lot or tract 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 the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-10 and Lot # -1 said point also being located one hundred eighty-six and twenty-three hundredths (186.23) feet north of the northern extremity of:~ 1, arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane;I thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and ro hundredths (175.00) feet and an arc length of twenty-one and forty-two hundredths (21.42) feet, said curve also having a chord be~'ng and distance of North eighty degrees six minutes forty-one seconds West (N 80° 06' 41" W), twenty-one and forty-one hundredth (21.41) feet to a point at the dividing line of Lot #T-12 and Lot #T-11; thence by line of Lot #T-12 and passing through the center ine o. fa partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11° 00' 27" W), one hundred forty-three an~ sixty-nine hundredths (143.69) feet to a point; thence by line of land now or formerly of Clarence Jacobs, North fi~. nine de--ees~ fifty-three minutes three seconds East (N 59° 53' 03" E~ three and fo"*' ..... u.._a .............. "Y' g~ I ,~.,y-,,~u nu,am~ums [~.'~z) ~eet to a point; thence by other lands of Westwood Hills, South seventy-eight degrees nineteen minutes fifty-two seconds East (S 78° 19' 52" E), eighteen and eighteen hundredths (18.18) feet to a point at the dividing line of Lot #T-10 and Lot #T 11; thence by line of Lot #T-10 and passing through the centerline of a partition wall South eleven degrees zero minutes twenty-seven seconds East (S 11° 00' 27" E), one hundred forty-fi 7e and forty-four hundredths (145.44) feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING BEING Lot #T-11 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 4 ALL THAT CERTAIN lot or tract of land situate in East Peunsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-11 and Lot #T-t2, said point also being located two hundred seven and sixty-five hundredths (207.65) feet north of the northern extremity of an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane; thenc by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of twenty and sixty-three hundredths (20.63) feet, said curve also having a chord bearing and distance of North eighty-six degrees fifty-nine minutes forty seconds West (N 86° 59' 40" W), twenty and sixty-one hundredths (20.61) feet to a point at the dividing line of Lot #T-13 and Lot #T-12; thence by line of Lot #T-13 and passing through the centerlin of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 o 00' 27" W~ one hun,~,~ ~ven.ty-seven hun~edths (131.77) feet to a point; thence by line of land now or formerly of Clare~'~'~-~[~'ff~ nny-tltree minutes three seconds East (N 59° 53' 03" E~ twen~- ...... ~ ...... -~ ~ _ _ · ...... urn, ~mm nny-nine aegre~s ,, ~2-,,,,~ ,mu ~vemeen nnnctreaths (2 I. 17) feet to a point at the dividin~ line of Lot #T- 11 and Lot #T-12; thence by line of Lot #T- 11 and passing through the centerline of a nartition wall. South eleven degrees zero minutes twenty-seven seconds East (S 11° 00 27" E), one hundred forty-three and sixty-nine hundredths (143.69) feet t~ a pomt on the northern right-of-way I/ne of Woodmyre Lane, the place of BEGINNING. BEING Lot #T-12 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. STIPULATION AGAINST LIENS- 2-8-00 SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 5 ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvhnia, more particularly bounded and described as follows, to wit: ~ BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-12 and Lot #T-13, said point also being located two hundred twenty-eight and twenty-eight hundredths (228.28) feet north of the northern extremity 6f an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane;i thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and z~ro hundredths (175.00) feet and an arc length of twenty and eighteen hundredths (20.18) feet, said curve also having a chord bearing find distance of South eighty-six degrees nineteen minutes thirty-five seconds West (S 86° 19' 35" W), twenty and sixteen hundredths ' (20.16) feet to a point at the dividing line of Lot #T-14 and Lot #T-13; thence by line ofoL, ot ,#T-,l,4 and passing through the centertme of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 00 27 W), one hundred twenty-one an eighty-four hundredths (121.84) feet to a point; thence by line of land now or formerly of Clarence Jacobs North fifty-nine degreesi fifty-three minutes three seconds East (N 59° 53' 03" E), twenty-one and seventeen hundredths (21.17) feet to a point at the dividing line of Lot #T-12 and Lot #T-13; thence by line of Lot #T-12 and passing through the centerlnie of a partition wall South eleven degrees zero minutes twenty-seven seconds East (S 11° 00' 27" E), one hundred thirty-one and seventy-seven hundredths (131.77)ifeet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING. ' BEING Lot #T-13 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 6 ALL THAT CERTAIN lot or tract 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 the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-13 and Lot #T-i4, said point also being located two hundred forty-eight and forty-six hundredths (248.46) feet north of the northern extremity of an arc connecting the northern dedicated right-of-way of Valley Street and at eastern right-of-way line of Woodmyre Lane; thence by the eastern right-of-way line of Woodmyre Lane by a curve to the left having a radius of one hundred seventy-five and zero hundredths ~ (175.00) feet and an arc length of twelve and thirty-one hundredths (12.31) feet, said curve also having a chord bearing and distance bf South eighty-one degrees zero minutes twenty-nine seconds West (S 81° 00' 29" W), twelve and thirty-one hundredths (12.31) feet to a point thence by same, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78° 59' 33" W), seven and seventy hundredths (7.70) feet to a point at the dividing line of Lot #T-15 and Lot #T-14; thence by line of Lot #T-15 and passing through th6 centerline ora partition wall North eleven degrees zero minutes twenty-seven seconds West (N 11° 00' 27" W), one hundred eight arid twenty-eight hundredths (108.28) feet to a point; thence by line of land now or formerly of Clarence Jacobs North thirty-eight degree~ twelve minutes twenty-five seconds East (N 38° 12' 25" E), sixteen and ninety-four hundredths (16.94) feet to a point; thence by same, North fifty-nine degrees fifty-three minutes three seconds East (N 59° 53' 03" E), seven and fifty-nme hundredths (7.59) feet to a point at the dividing line of Lot #T-13 and Lot #T-14; thence by line of Lot #T-13 and passing through the centerline of a partition wall South eleven degrees zero minutes twenty-seven seconds East (S 11° 00' 27" E), one hundred twenty-one and eighty-four hundredths, (121.84) feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING. STIPULATION AGAINST LIENS- 2-8-00 BEING Lot #T-14 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 7 ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Peunsylvhnia, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-14 and Lot #T-15, said point also being located two hundred sixty-eight and forty-seven hundredths (268.47) feet north of the northern extremity of an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane; thehce by the eastern right-of-way line of Woodmyre Lane South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78~i 59' 33" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-16 and Lot #T-15; thence bv line of ot #T-16 and passing through the centerline of a partition wall North eleven de ecs zer ' .. ~ 27" W, nine -four and ' _ . . . gr,. o n~n. utes twenty seven seconds West (N 1 I° 00' ) ty tMrteen hundredths (94.13) feet to a noun; thence b,, ~me oc ~ ................ r j a m~u now ut Iormerly oi ~larence Jacons, North eighty-five degrees fifty-three minutes seventeen seconds East (N 85° 53' 17" E), three and seventeen hundredths (3.17) feet to a p~int; thence by same, North thirty-eight degrees twelve minutes twenty-five seconds East (N 38° 12' 25" E), twenty-two and twenty-six I hundredths (22.26) feet to a point at the dividing line of Lot #T-14 and Lot #T-15; thence by line of Lot #T-14 and passing throu the centerline of a partition wall, South eleven deo*ees zero min ............... o , ,, g~ ~,- ~,~a ~w~my-seven secouns east (S 11 00 27 E, one hundred eight ahd twenty-eight hundredths (108.28) feet to a point on the eastern right-of-way line of Woodmyre Lane, the pla}~ of BEGINNING. BEING Lot #T-15 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. TRACT 8 ALL THAT CERTAIN lot or tract 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 the eastern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-15 and Lot #T-i6, said point also being located two hundred eighty-eight and forty-seven hundredths (288 47) feet north of the northern arc connecting the northern dedicated right-of-way of Valle,, Street ana .......... . '. ...... extremity ofa~ ,~ -..,~t~m uemcareo ngnt-o~-way line of Woodmyre Lane; l thence by the eastern right-of-way line of Woodmyre Lane South seven -el ht de ee re.ne minute thirty three seconds West S 78° 59' 33" W)thirty-five and seventy4hree hundredths (35.73)feet to~ ;'~t at ~ by line of Lot #T-IT North . _ P g line of Lot #T-17 and Lot #T-16; then e . . _ _ . eleven degrees zero mmutes twen -seven seconds W o, [xl ~ ~ o ~,~, ~,,,, . . nunaredths (98 45) feet to a noi 'th~.no.l~.,1;~',--a fY. ~. eo~t .... ,,u zt W), nmety-e~ght and forty-five · . · , ~. nt ........ j .....relaxin now or mrmerly of tzlarence Jacobs, North ei h -five de nnnutes seventeen sec s E o .... , . g ty grees fi -three ond ast (N 85 53 17 E), thn'ty-five and ninety-nine hundredths (35 99) feet to a "oint at th~ ~:--'~fi~-'~" ~ · e ~ uiwumg line 131 Lot #T-15 and Lot #T-16; thence by line of Lot #T-15 and passing through the centerline of a partition wall, South eleven degrees ze~o minutes twenty-seven seconds East (S I 1 o 00' 27" E), ninety-four and thirteen hundredths (94.13) feet to a point on the northern right- °f-way line of Woodmyre Lane, the place of BEGINNING. BEING Lot #T-16 on the Final Subdivision Plan for Westwood Hills, Phase III recorded in Plan Book 81, Page 54. STIPULATION AGAINST LIENS- 2-8-00 SUBJECT to a ten (10) foot wide pedestrian easement and a variable width drainage and wetland easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan. STIPULATION AGAINST LIENS- 2-8-00