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HomeMy WebLinkAbout00-02838 ,." L~ _', 'c' >",_ ".". .J;,.. ,-~-"-,;",, _= ' o"c, _ l.~,: _,__ ~' .c.~.,:, dlb\rsr\stipulation April 24, 2000 STIPULATION AGAINST LIENS ROTHMAN, SCHUBERT & REED, Owner : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA v. HAUBERT HOMES, INC. : NO. m - c)"63f? ft1 ?--O Contractor WHEREAS, ROTHMAN, SCHUBERT & REED, a Pennsylvania general partnership, with a principal place of business located at 308 East Penn Drive, Enola, Pennsylvania 17025, is about to execute contemporaneously herewith, a contract, with HAUBERT HOMES, INC., a Pennsylvania corporation, with a principal place of business located at 15 Central Boulevard, Camp Hill, Pennsylvania 17011, for the erection of a building upon premises commonly known as Lot 69 Creekstone, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania, as set forth in the deed dated ,~~ l, \qg'l , at Deed/Record Book A-~'f ,Page \Io'il , in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, , 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner 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 Contractor and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to fIle such liens being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: HAUBERT HOMES, INC. By)J~S~,~ OWNER: ROTHMAN, SCHUBERT & REED u)+, t: PI-, BY:~~~ ~, ,,_. "Co,.," - .',,,~.' .--~ ," '~ ~" __, . i I" ;;'" '.d' ';-"-~', ''',- ~.<; ~ ~-' "_,; ,.,,^~, - "'~ _ Co<' _",' _ C_'""C_""",',' ',~::'". :~;:.;. - -'" ' " __,~" 'C dlb\rsr\stipulation EXHIBIT "A" Lot 69 Creekstone Manor I,el?;al Description ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, in accordance to the Final Subdivision Plan for Creekstone Manor (formerly known as Trout Run), Phases II & ill, dated January 1, 1996, prepared by Hartman & Associates, me" and recorded in Plan Book 76, Page 133, viz; BEGINNING at a point on the southwestern side of Brunswick Avenue at the northeastern comer of Lot No. 68 on the above mentioned Plan of Lots; thence along the eastern line of Lot No. 68, South 47 degrees 24 minutes 26 seconds West, 125.00 feet to a point at the northern line of Lot No. 59 on the above mentioned Plan of Lots; thence along the said Lot No, 59, South 42 degrees 43 minutes 40 seconds East, 85.00 feet to a point at the southwestern comer of Lot No. 70 on the above mentioned Plan of Lots; thence along the western side of Lot No. 70, North 47 degrees 16 minutes 20 seconds East, 125.00 feet to a point on the southwestern side of Brunswick Avenue; thence along the same side of Brunswick Avenue, North 42 degrees 43 minutes 40 seconds West, 84,71 feet to the point and place of BEGINNING, CONTAINING 10,606.87 square feet or 0.243 acre. AND the said Grantee, his heirs and assigns, as a part of the consideration herein, does hereby agree and covenant with the said Grantor, its successors, and assigns, and with each and every other purchaser of any lot or lots in the Trout Run Subdivision ofthe Township of Upper Allen as shown by plat, recorded in Plan Book 70, Page 137 in the Recorder's Office of the County of Cumberland, Commonwealth of Pennsylvania, for the faithful performance of the following conditions, to wit: That they will not dredge, dump, fill, drain, spray, mow, discharge, degrade, remove earth, rocks, wood, or vegetation therefrom, operate vehicles of any kind thereon, or otherwise impair, affect, or alter from its pristine state, that area ofland described as Lots 79 and 81 as depicted on the aforesaid plan. It is understood, covenanted, and agreed that each and every purchaser of Lots 1 through 78, and 80, in said subdivision, his successors and assigns, shall be given a deed by the Grantor, containing these same covenants and conditions; each Grantee covenanting and agreeing with each and every other purchaser of lots in this subdivision, and with the Grantor herein, that said Grantee will faithfully observe and perform the aforesaid covenants and agreements; and each and every purchaser of an lot in said subdivision, including but not limited to, the Grantees of Lots 79 and 81, and their successors and assigns, is given the right to enforce by any legal means the performance .;" "'-,. ; :t '-'-';'^,"" :',,"<"~ """-,;~,,,,, ,'/, <",'..",'_c'c','i, ""~',;._--" ~ _ '~-~ -"~~:;,:,:>,:,;,:",-,~,', dlb\rsr\stipulation I I I I j', It of said covenants and agreements by each and every said purchaser in said subdivision, and their successors and assigns. BEING Lot No. 69, on the above mentioned Plan of Lots. I I r ! I , t , , UNDER AND SUBJECT to a portion of a 25 foot drainage easement running along the eastern property line of the herein lot and Lot 70, as shown on the above mentioned Plan of Lots. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. BEING PART OF THE SAME PREMISES which Clepper Farms, Inc., a Pennsylvania Corporation, by Deed dated June 1, 1989, and recorded June 22, 1989 in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book A, Volume 34, Page 168, granted and conveyed unto William F. Rothman, Charles F. Schubert and Samuel L. Reed, t/dIb/a Rothman, Schubert and Reed, a Pennsylvania general partnership, the Grantors herein.