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HomeMy WebLinkAbout02-3308Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A pENNSYLVANIA CORPORATION Owner In the Court of Common Pleas County of Cumberland Docket Number 02' .~,3 o ~ tr~ A~ , Pennsylvania Term 19 VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION Page Number Contractor Whereas, on this 24th day of June, 2002, V~LLAGE HoME BUILDERS, INC. (,Contractor") of 114 FoxSH~RE 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 203 EDENDERRY WAY, LOT 123, Enola, PA 17025, East Pennsboro 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 · etlon of One Dollar ($1.00) to it in hand paid by the .... ,,q,~r~inn.q mentioned thereunder, as well as the further,_co[~hS~dreer~eint of which is hereby acknowledg.ed, and i,ntending ~'~r";~'or before the sealing and delivery of these pre~em~, u, .~_ ~+.-~-f.r ~nd ~nv nd all suocomractors, to be legally bound hereby, does hereby covenant, prom~se ano agree, ]o[ ,..u., ........... . a 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 b anyone, and that all subcontractors, materialmen and laborers ......... nr r. urtilaoes appurtenant thereto y .. ..... ,~,- ~,,.-~hed and work and labor done. hereot or the curmat~..,-,- 7- . -"---~nn~llv liable for all subcontracts, ma~.,=,o shall look to and hold ~;omracto[ p~, ...... 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. A.nd, 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 fo~ 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 att manne 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. . __~ ---I~.~ ;.~ {h~ nr~Rnr, e of: .......... ,-o .., m r~M~ ~nMPANY. OWNER File No, 02-8165CDFN 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 northern dedicated right-of-way line of Edenderry Way at the dividing line of Lot #120 and Lot //123; thence by line of Lot #120, South twenty-one degrees twenty-one minutes twenty seconds West (S 21° 21' 20" W), thirty-four and eighty-four hundredths (34.84) feet to a point; thence by Lot #121 and Lot #122, South sixty-two degrees fifty-five minutes fifty-three seconds West (S 62° 55' 53" W), one hundred sixty and zero hundredths (160.00) feet to a point; thence by line of land now or formerly of Richard Scarazzo, North twenty-seven degrees four minutes seven seconds West (N 27° 04' 07" W), eighty and zero hundredths (80.00) feet to a point at the dividing line of Lot #124 and Lot #123; thence by line of Lot #124, North sixty-two degrees fifty-five minutes fifty-three seconds East (N 62° 55' 53" E), one hundred twenty-eight and eighty-two hundredths (128.82) feet to a point; thence by same, North forty degrees twenty-nine minutes forty-one seconds East (N 40° 29' 41" E), fifteen and sixty-one hundredths (15.61) feet to a point on the western right-of-way line of Edenderry Way; thence by said right-of-way line 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 fifty-eight and forty-six hundredths (58,46) feet to a point; thence by same, South sixty-eight degrees thirty-eight minutes forty seconds East (S 68° 38' 40" E), seventeen and thirty-five hundredths (17.35) feet to a point at the dividing line of Lot #120 and Lot #123, the place of BEGINNING. BEING Lot #123 in the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27. SUBJECT to a 50 foot wide drainage easement as shown on the above mentioned subdivision plan. SUBJECT to other restrictions and conditions as shown on the above mentioned subdivision plan.