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HomeMy WebLinkAbout02-2975Stipulations Against Liens File Number 02-8109C CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner CHARTER HOMES BUILDING COMPANY Contractor In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 19 Whereas, on this 14th day of June, 2002, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 3709 FALKSTONE DRIVE, LOT 611, MECHANICSBURG PA 17025,, Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY, 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 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, 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 hereof, 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. ,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. And, 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 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 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 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. Signed and sealed in the presence of: File No. 02-8109CDFN ALL THAT CERTAIN lot or tract of land situate in Hampden and East Pennsboro Townships, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of Falkstone Drive, said point being on the dividing line of Lots #610 and #611 of Highlands of Hampden Square Phase VII; thence by the southern dedicated right-of-way line of Falkstone Drive, South seventy-seven degrees fifty-four minutes zero seconds East (S 77° 54' 00" E), one hundred twenty-two and zero hundredths (122.00) feet to a point; thence by Lot #612, South twelve degrees six minutes zero seconds West (S 12° 06' 00" W), one hundred fourteen and ninety-seven hundredths (114.97) feet to a point; thence by Lot #613 of Highlands of Hampden Square, Phase VI, recorded in Plan Book 76, Page 50, in the Office of the Recorder of Deeds Cumberland County, North seventy-eight degrees one minute seven seconds West (N 78° 01' 07" W), fourteen and sixty-two hundredths (14.62) feet to a concrete monument; thence by Lots #526 and #527 of Highlands of Hampden Square, Phase VI and crossing the Hampden and East Pennsboro Township line, North seventy-seven degrees fifty-four minutes zero seconds West (N 77° 54' 00" W), one hundred seven and thirty-eight hundredths (107.38) feet to a point; thence by Lot #610 and crossing the Hampden and East Pennsboro Township line, North twelve degrees six minutes zero seconds East (N 12° 06' 00" E), one hundred fifteen and zero hundredths (11 §.00) feet to a point, the place of BEGINNING. BEING Lot 611 as shown on the Final Subdivision Plan of Highlands of Hampden Square, Phase VII, recorded in the Cumberland County Office of the Recorder of Deeds Plan Book 80, Page 55. SUBJECT to certain easements and restrictions as shown on the aforementioned subdivision plan.