HomeMy WebLinkAbout02-3587rStipu124t~ons Ag 1st Liens
File Number 02-8375C
VILLA GE HOMES .4 T
WESTWOOD GLEN, INC., .4
PENNS YL V.4NI`4
CORPORA TION
Owner
VILL`4GE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number (~ ~ ~'~'~7
Page Number
, Pennsylvania
fl'Tkl~ Term 19
Whereas, on this 24th day of July, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTWOOD 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 34-48 WOODMYRE LANE, LOT T17-24,
Enola, PA 17025,, East Pennsboro Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which
VILLAGE HOMES AT WESTWOOD GLEN, INC., 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.
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 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, flied 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 s~aled in the presence of:
BY: I ~'' V ~'
RC~BERT P. BOWMAN, PRESIDENT
VILLBy:~S, INC. DER
STIPULATION AGAINST LIENS- 2-8-00
~File No. 02-£,.,75CDFN
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 northern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-I6 and #T-17,
said point also being located three hundred twenty-four and twenty hundredths (324.20) feet north of the northern extremity of an am
connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane; thence
by the northern right-of-way line of Woodmyre Lane, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78°
59' 33" W), thirty-five and zero hundredths (35.00) feet to a point at the dividing line of Lot #T-18 and Lot #T-i7; thence by line of
Lot #T-18 and passing through the centerline of a partition wall North eleven degrees zero minutes twenty-seven seconds West (N 11 °
00' 27" W), one hundred two and sixty-eight hundredths (102.68) feet to a point; thence by line of land now or formerly of Clarence
Jacobs, North eighty-five degrees fifty-three minutes seventeen seconds East (N 85° 53' 17" E), thirty-five and twenty-five hundredths
(35.25) feet to a point at the dividing line of Lot #T-16 and Lot #T-17; thence by line of Lot #T-16, South eleven degrees zero minutes
t~venty-seven seconds East (S 11° 00' 27" E), ninety-eight and forty-five hundredths (98.45) feet to a point on the northern right-of-
way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-17 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 10 foot wide pedestrian easement, a variable width drainage easement, and the western half of a 30 foot sanitary sewer
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 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 Woodmyre Lane at the dividing line of Lot #T-17 and #T-18,
said point also being located three hundred fifty-nine and twenty hundredths (359.20) 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; thence
by the northern right-of-way line of Woodmyre Lane, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78°
59' 33" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-19 and Lot #T-18; thence by line of Lot
#T-19 and passing through the centerline of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 ° 00'
27" W), one hundred five and ten hundredths (105.10) feet to a point; thence by line of land now or formerly of Clarence Jacobs,
North eighty-five degrees fifty-three minutes seventeen seconds East (N 85° 53' 17" E), twenty and fifteen hundredths (20.15) feet to a
point at the dividing line of Lot #T-17 and Lot #T-18; thence by line of Lot #T-17 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 two and sixty-eight hundredths
(102.68) feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-18 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 10 foot wide pedestrian easement and a variable width drainage 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 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:
STIPULATION AGAINST LIENS- 2-8-00
BEGINNING at a point on the northern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-18 and #T-19,
said point also being located three himdred seventy-nine and twenty hundredths (379.20) 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; thence
by the northern right-of-way line of Woodmyre Lane, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78°
59' 33" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-20 and Lot #T-19; thence by line of Lot
#T-20 and passing through the centerline of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N I 1 ° 00'
27" W), one hundred fifteen and thirty hundredths (115.30) feet to a point; thence by line of land now or formerly of Lynn W. Moore
and now or formerly of Clarence Jacobs, South sixty-five degrees twenty-four minutes forty-three seconds East (S 65 ° 24' 43" E),
seventeen and fifty-five hundredths (17.55) feet to a point; thence by land now or formerly of Clarence Jacobs, North eighty-five
degrees fifty-three minutes seventeen seconds East (N 85° 53' 17" E), five and seventy-six hundredths (5.76) feet to a point at the
dividing line of Lot #T-18 and Lot #T-19; thence by line of Lot #T-18 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 five and ten hundredths (105.10) feet to a point
on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-19 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 10 foot wide pedestrian easement and a variable width drainage 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 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 Woodmyre Lane at the dividing line of Lot #T-19 and #T-20
said point also being located three hundred ninety-nine and twenty hundredths (399.20) 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; thence
by the northern right-of-way line of Woodmyre Lane, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78°
59' 33" W), twenty and zero hundredths (20.00) feet to a point at the dividing line of Lot #T-21 and Lot #T-20; thence by a line of Lot
#T-21 and passing through the centerline of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 o 00'
27" W), one hundred twenty-nine and sixty-one hundredths (129.61) feet to a point; thence by line of land now or formerly of Lyun W.
Moore, South sixty-five degrees twenty-four minutes forty-three seconds East (S 65° 24' 43" E), twenty-four and sixty hundredths
(24.60) feet to a point at the dividing line of Lot #T-19 and Lot #T-20; thence by line ofLnt #T-19 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 fifteen and thirty
hundredths (115.30) feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-20 on the Final Snbdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, page 54.
SUBJECT to a 10 foot wide pedestrian easement and a variable width drainage 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 Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern dedicated right-of-way line of Woodmyre Lane at the dividing line of Lot #T-20 and Lot #T-
21, said point also being located four hundred nineteen and twenty hundredths (419.20) 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; thence
by the northern right-of-way line of Woodmyre Lane, South seventy-eight degrees fifty-nine minutes thirty-three seconds West (S 78°
STIPULATION AGAINST LIENS- 2-8-00
59' 33" W), L~e and thirty-two hundredths (5.32) feet to a point; thence by same by a curve to the right having a radius of one hundred
and zero hundredths (100.00) feet and an arc length of fourteen and seventy-three hundredths (14.73) feet, said curve also having a
chord bearing and distance of South eighty-three degrees twelve minutes forty-nine seconds West (S 83 ° 12' 49" W), fourteen and
seventy-two hundredths (14.72) feet to a point at the dividing line of Lot #T-22 and Lot #T-21; thence by line of Lot #T-22 and
passing through the centerline of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11 ° 00' 27" W),
one hundred forty-three and fifty-six hundredths (143.56) feet to a point; thence by line of land now or formerly of Lynn W. Moore,
South sixty-five degrees twenty-funr minutes forty-three seconds East (S 65° 24' 43" E), twenty-four and sixty hundredths (24.60) feet
to a point at the dividing line of Lot #T-20 and Lot #T-21; thence by line of Lot #T-20 and passing through the centerline of a
partition wall, South eleven degrees zero minutes twenty-seven seconds East (S 11 o 00' 27" E), one hundred twenty-nine and sixty-one
hundredths (129.61 ) feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING
BEING Lot #T-21 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to 10 foot wide pedestrian easement and a variable width drainage 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 CERTAFN 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 Woodmyre Lane at the dividing line of Lot #T-21 and Lot #T-
22, said point also being located four hundred thirty-nine and twenty-five hundredths (439.25) feet north of the northern extreimty of
an arc connecting the northern dedicated right-of-way of Valley Street and at eastern dedicated right-of-way line of Woodmyre Lane;
thence by the northern right-of-way line of Woodmyre Lane by a curve to the right having a radius of one hundred and zero hundredths
(100.00) feet and an arc length of twenty and sixty-eight hundredths (20.68) feet, said curve also having a chord bearing of distance of
North eighty-six degrees thirty-eight minutes twenty-five seconds West (N 86° 38' 25" W), twenty and sixty-five hundredths (20.65)
feet to a point at the dividing line of Lot #T-23 and Lot #T-22; thence by line of Lot #T-23 and passing through the centerline of a
partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11° 00' 27" W), one hundred seventy-six and twelve
h~ndredths (176.12) feet to a point; thence by line of land now or formerly of Lynn W. Moore, South thirty-two degrees twenty-seven
nnnutes seven seconds East (S 32° 27' 07" E), thirty-four and ninety-two hundredths (34.92) feet to a point; thence by same, South
sixty-five degrees twenty-four minutes forty-three seconds East (S 65° 24' 43" E), eight and ninety hundredths (8.90) feet to a point at
the dividing line of Lot #T-21 and Lot #T-22; thence by line of Lot #T-21 and passing through the centefline of a partition wall, South
eleven degrees zero minutes twenty-seven seconds East (S l l o 00' 27" E), one hundred forty-three and fifty-six hundredths (143.56)
feet to a point on the northern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-22 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54.
SUBJECT to a 10 foot wide pedestrian easement and a variable width drainage 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 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-22 and #T-23,
said point also being located four hundred fifiy-nine and ninety-three hundredths (459.93) feet north of the nmthem 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; thence
by the eastern right-of-way line of Woodmyre Lane by a curve to the right having a radius of one hundred and zero hundredths
(100.00) feet and an arc length of twenty-two and forty-four hundredths (22.44) feet, said curve also having a chord bearing and
distance of North seventy-four degrees seventeen minutes thirteen seconds West (N 74° l 7' 13" W), twenty-two and thirty-nine
STIPULATION AGAINST LIENS- 2-8-00
hundredths (2_.39) feet to a point at the dividing line of Lot #T-24 and Lot #T-23; thence by line of Lot #T-24 and passing through the
centerlthe of a partition wall, North eleven degrees zero minutes twenty-seven seconds West (N 11° 00' 27" W), two hundred sixteen
and ninety-seven hundredths (216.97) feet to a point; thence by line of land now or formerly of Lynn W. Moore, South thirty-two
degrees seventy-seven minutes seven seconds East (S 32° 27' 07" E), fifty-four and seventy hundredths (54.70) feet to a point at the
dividing line of Lot #T-22 and Lot #T-23; thence by line of Lot #T-22 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 seventy-six and twelve hundredths (176.12)
feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEIGNNING.
BEING Lot #T-23 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Pla Book 81, Page 54.
SUBJECT to a 10 foot wide pedestrian easement and a variable width drainage 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 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-23 and Lot #T-24,
said point also being located fora hundred eighty-two and thirty-seven hundredths (482.37) 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;
thence by the eastern right-of-way line of Woodmyre Lane by a curve to the right having a radius of one hundred and zero hundredths
(100.00) feet and an arc length of thirteen and eighty-three hundredths (13.83) feet, said curve also having a chord bearing and distance
of North sixty-three degrees fifty-three minutes forty-seven seconds West (N 63° 53' 47" W), thirteen and eighty-two hundredths
(13.82) feet to a point; thence by same, North fifty-nine degrees fifty-six minutes two seconds West (N 59° 56' 02" W), one hundred
twenty-four and thirty-seven hundredths (124.37) feet to a point at the dividing line of Lot #T-25 and Lot #T-24; thence by line of Lot
#T-25, North thirty degrees three minutes fifty-eight seconds East (N 30° 03' 58" E), one hundred thirteen and fifty-four hundredths
(113.54) feet to a point; thence by line of Lot #T-25 and Lot #T-26, North zero degrees thirteen minutes twenty-three seconds West (N
00° 13' 23" W), forty-seven and twenty-five hundredths (47.25) feet to a point; thence by line of land now or formerly of Lynn W.
Moore, South eighty-seven degrees thirty-three minutes sixteen seconds East (S 87° 33' 16" E), twenty-one and ninety-four hundredths
(21.94) feet to a point at the dividing line of Lot #T-23 and Lot #T-24; thence by line of Lot #T-23 and passing through the centerline
of a partition wall, South eleven degrees zero minutes twenty-seven seconds East (S 11 o 00' 27" E), two hundred sixteen and ninety-
seven hundredths (216.97) feet to a point on the eastern right-of-way line of Woodmyre Lane, the place of BEGINNING.
BEING Lot #T-24 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Pla Book 81, Page 54.
SUBJECT to various 10 foot wide pedestrian and access easements and a variable width drainage 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