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Home My WebLink About00-00885 , . ~. . t.lk;j.. < , ~ -.:.-' .... . Stipulationv liens/realestate/CLN STIPULATION AGAINST LIENS THOMAS G. SEELY and KIMBERLY A. SEELY Owners v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERM 2000 - '3'f?~,r /11 t.J> : NO. ]) CULLY, INC., t/d/b/a C&C CONSTRUCTION, Contractor WHEREAS, THOMAS G. SEELY and KIMBERLY A. SEELY, husband and wife, now of 115 Hutton Road, New Cumberland, Cumberland County, Pennsylvania 17070, Owners, are about to contemporaneously herewith execute a contract with D CULLY, INC., t/dIb/a C&C CONSTRUCTION, Contractor, with a principal place of business located at 5745 Spring Road, Shermans Dale, Pennsylvania 17090, for the erection/renovations upon a lot of land situate and known as Tax Parcel Number 44-05- 0411-068 and bemg known as Lot No. 2 Pine Knob Road, Upper Mifflin Township, Cumberland County, Pennsylvania, which is more particularly described in Cumberland County Deed Book 183, Page 907, and also on Exhibit "A" attached hereto and made a part hereof. NOW, this 11th day of February, 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owners to the said Contractor, to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with the Contractor and the further consideration of One ($1.00) Dollar and other valuable considerations, receipt of which is hereby. acknowledged, to the Contractor paid by the Owners, it is agreed that no lien shall be filed against the building by the Contractor, or any sub- Contractor nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection/renovations to said building, the right to file such liens being expressly waived. '. WITNESS our hands and seals the day and year aforesaid. WITNESS: ~ TH~MAS G. SEELY ~(j~~ KIMBERLY EELY ATTEST: CONTRACTOR: - J " " ~ :, ~ ALL the following described real estate lying and being situate in Upper Mifflin Township, Cumberland County, Pennsylvania, referred to as Lot No.2, more particularly bounded and described in accordance with a Subdivision Plan entitled "Final Subdivision of Lee E. Clouse," prepared by Wilbur H. Clifton, Professional Land Surveyor, which said Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County Plan Book 77, Page 51, as follows: BEGINNING at a parker kalon nail at corner of the within described lot and at intersection of centerlines of Township Road T-402 and Township Road T-383; thence along centerline ofT-402, North 06 degrees 56 minutes 45 seconds East, 311.90 feet to a parker kalon nail; thence continuing by same North 00 degrees 13 minutes 24 seconds West, 85.54 feet to a parker kalon nail; thence continuing by same, North 16 degrees 12 minutes 36 seconds West, 90.36 feet to a parker kalon nail at corner of land now or formerly of Edgar Heckman; thence along line of land now or formerly of Edgar Heckman North 49 degrees 19 minutes 23 seconds East, 200.00 feet to an iron pin at common corner of Lots Nos. 2 and 3; thence along common boundary line of Lots Nos. 2 and 3, South 23 degrees 01 minute 24 seconds West 402.86 f~et to a parker kalon nail in the centerline ofT-383; thence along centerline ofT-383, South 49 degrees 13 minutes 53 seconds West, 275.00 feet to a parker kalon nail; thence continuing by same South 61 degrees 17 minutes 35 seconds West, 128.98 feet to the point and place of BEGINNING. CONTAINING a total area of 2.521 acres, more or less, in accordance with the above-referenced subdivision plan. UNDER AND SUBJECT to dedicated right-of-way lines, building setback lines and other notations and conditions as shown on the above-referenced subdivision plan. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the following Building and Use Restrictions, which shall be binding on the within described tract of land only, and shall not be deemed binding on other land now or formerly of Lee A. Clouse and Patricia A. Clouse, with which Building and Use Restrictions Thomas G. Seely and Kimberly A. Seely, their heirs and assigns, by the acceptance of a deed to the premises agree to comply: 1. No building shall be erected, placed, modified or altered on any building plot in the development until the building plans, specifications and plot plan showing the location of such building have been approved in writing by the owner or nominee. 2. No accessory structure, including but not limited to swimming pools and storage sheds, shall be erected, placed, modified or altered on any building plot in the development until the building plans, specifications and plot plan showing the location of such accessory structure have been approved in the manner as set forth in Paragraph Number One above. 3. The ground floor living area of the main dwelling house, exclusive of porches, patios and garages, shall be not less than 1,000, square feet for a one-story dwelling, excluding basement. Double wides acceptable. 4. No more than one single family private dwelling house, together with garage and accessory structures, shall be erected on any lot and not lot may be resubdivided. 5. The exterior construction of any dwelling shall be completed within six months after the first visible construction has commenced. ""' ~ # .....- . ~; '. 6. Free-standing television and radio towers are permitted on any lot and any such towers shall be installed on or against the dwelling house erected on said lot. 7. All utility lines servicing any lot in the development shall be buried and placed underground. 8. No unlicensed vehicle shall be permitted on any lot at any time, unless the same is stored inside a garage used iu conjunctiou with the principal residence erected on said lot. No recreational vehicles shall be permitted to be parked, temporarily or permanently on any street or road. 9. No advertising or display signs shall be erected or maintained on any lot other than the customary "For Rent" and "For Sale" signs when the same pertain solely to the premises on which they are located. 10. No animals or poultry of any kind, other than house pets, shall be kept or maintained on any part of the said premises. No dogs or cats of any other type of house pet can be kept, bred or maintained for any commercial use or purpose whatsoever. 11. No basement, tent, shack, garage, barn or structure of a temporary character shall be erected on any lot and used as a residence, either temporarily or permanently. 12. No activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. 13. No mbbish may be dumped at any place in the development and all such material must be removed from the development. 14. Trailers, mobile homes or similar structures may be located on any lot providing they meet the square footage requirement and if not on a permanent foundation, skirting is required. 15. Invalidation of anyone of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. BEING THE SAME PREMISES WHICH Lee A. Clouse, aka Lee Andrew Clouse and Patricia A. Clouse, aka Patricia Ann Clouse, by their deed dated August 19, 1998, and recorded August 20, 1998, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 183, Page 907, transferred and conveyed unto Thomas G. Seely and Kimberly A. Seely, husband and wife, Mortgagors herein. Exhibit "A" , ), ~1 ~:r~--~ ,~lf~ '. m"~liM""". il.l!iiW:llUalillijlljlll!l;flj~' ""'.-'''0''''''<''';''M,,,,,",,,",,,,,,,,&>~,_,~~~;:,j~kal>.M.tl~i.!h\lJjJll~il&~18ili.1lII1.ili!li!llIIl.ilil1ll'-Jl...."~. '_M . ~ ~!iJ:;o;':#:I:Yi,l,,~~_ ~ , ~ '\l,., ~ ~ \ '\} ~ "- W ~ ~ ~ ~ \ ~ f o ~ "", ~)fi-", [il?;:: ~C:' ~.t: r:~:: ~...~. z:C pC: C Z =< ~ . "'"l .. .. C> c.) \-:, ...,., 01 co ..:i (jl .-'1,,;. .:...:_< (.~) ~T.o :J...; :: ~~~ ~~ :::) (J1 C)' =:--j :0 -< ~