HomeMy WebLinkAbout97-04223
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THIS AGRBEMENT made the 4th of August, 1997, by and between
HAUBERT HOMES, INC., Contractor
STIPULATION AGAINST LIENS
AND
/A.
ANGELO H. DISTEFANO AND LINDA DISTEFANO, Husband and Wife,
hereinafter referred to as Owner, whereby the former undertook
and agreed to erect and construct a single family dwelling on that
certain lot of ground situate in
Upper Allen Township, CUmberland County, Pennsylvania, more
particularly described in attached Exhibit nAn, also known as Lot
74, Fleming Drive, Mechanicsburg, Pennsylvania.
NOW TBBRBPORE. THIS AGREEMENT WITNESSBTH: That the said
Contractor, for and in consideration of the sum of ($1.001 Dollar
to Haubert Homes, Inc. in hand paid by Owner, the receipt whereof
is hereby acknowledged, and the further consideration mentioned
in the agreement aforesaid, for themselves and their
subcontractors, and all parties acting through or under them,
covenant and agree that no mechanic'S liens or claims shall be
filed or maintained by them or any of them against the said
buildings and the lot of ground appurtenant thereto for or on
account of any work done or materials furnished by them or any of
them under said contract or otherwise, for. towards, in, or about
the erection and construction of the said buildings on the lot
above described, and the said Contractor, for themselves, their
subcontractors and others under them hereby expressly waive and
relinquish the right to have, file, and maintain any mechanic'S
liens or claims against the said buildings or any of them, and
agree that this instrument, waiving the right of lien, shall be
an independent covenant.
WITNESS our hands and seals this 4th day of August, 1997.
Signed. Sealed and Delivered
in the Presence of
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Exhibit "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in Upper
Allen Township, Cumberland County, Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southeastern side of Fleming
Drive at the dividing line between Lot Nos. 73 and 74 on the
hereinafter mentioned Plan of r.ots I thence along the said
dividing line, South 42 degrees 43 minutes 40 seconds East,
120.00 feet to a point at the line of Lot No. 76; thence along
the line of said lot, North 47 degrees 16 minutes 20 seconds
East, 90.00 feet to a point at the line of Lot No. 75; thence
along said Lot No. 75, North 42 degrees 43 minutes 40 seconds
West, 120.00 feet to a point at the line of Fleming Drive;
thence along the southeastern side of said Fleming Drive, South
47 degrees 16 minutes 20 seconds West, 90.00 feet to a point,
the point and place of BEGINNING.
CONTAINING 10,800.00 square feet or 0.247 acre.
~iO the said Grantee, his heirs and assigns, as 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 of the 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 of
land 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 aforsaid covenants and agreements; and each and every
purchaser of a 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 of said covenants and agreements by
each and every said purchaser in said
subdivision, and their successors and assigns.
BEING Lot No. 74, on the Final Subdivision Plan for Trout
Run, Phase 1, prepared by Hartman and Associates, dated July
20, 1995, and recorded in the Office of the Recorder of Oeeds
for CUmberland County in Plan Book 10, Page 137.
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 William F. Rothman,
Charles F. Schubert llnd Sll~lel L. Re@d, t/d/b/a Rothman,
Schubert and Reed, a Pennsylvania general partnership, by ita
deed to be recorded simultaneously herewith, in the Office of
the Recorder of Oeeds of CUmberland County, granted and
conveyed unto Angelo H. DiStefano and Linda A. DiStefano.
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