HomeMy WebLinkAbout00-06996
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fhe Plankenhurn("'l. William.'IUlrl. Pa. 17701
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~ipulatinns J\gainst 1fliens
stephen G. Henry and Susan E. Henry, h/w
Owner
In the Court of Common Pleas. County of
Vs.
C'llMRRRT .ANn
, Pennsylvania
Haubert Homes. Inc.
Contractor
Number to - /~tNI., J1tt!-b Term. 19
WHEREAS,
Stephen G. Henry and Susan E. Henry, h/w
of
Pennsylvania,
Cumberland County,
is about to execute contemporaneously herewith, a contract, with Haubert Homes, Inc.
of Cumberland County,
Pennsylvania,
for the erection of a
story
building upon a lot of land situate
See Legal Description Attached as Exhibit "A"
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NOW. October 6, 2000
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. at the time of and immediately before the execution of the prin-
cipal contract. and before any authority has been given by the said Stephen G. Henry and Susan E. Henry, h/w
to the said Haubert Homes, Inc.
to commence work on the said building, or purchase materials for the same in consideration of the making of the said
contract with
Haubert !;lames, Inc.
and the further
consideration of One Dollar. to
Haubert
Homes, Inc. paid
. it is agreed that no lien shall be filed against the
by
Stephen G. Henry and Susan E. Henry, h/w
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 of said building. the right to file such
liens being expressly waived.
WITNESS. our h. ands and seals the day and year aforesat\.' /
SIGNED AND SEALED IN THE PRESENCE OF li~~
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ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of
Cumb~rland and Commonwealth of Pennsylvania, bounded and described as follows, in accordance tp
the Final Subdivision Plah for Creekstone Manor (formerly known ~s, Trout Run), Phases II & III, datetI
January 1, 1996, prepared:by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133, to
wit:
BEGINNING at a point on the southwestern side of Merrimac A venue at the northeaslern corner
of Lot No, 47 on the above mentioned Plan of Lots; thence along the northern side of Lot No. 47, North
49 degrees 57 minutes 40 seconds West, a distance of 174.14 feet to a point at the eastern line of lands
now or formerly of David W. Magaro on the above mentioned Plan of Lots; thence along the said lands
of David W. Magaro, North 60 degrees 43 minutes 50 seconds East, a distance of 132.20 feet to a point
at the western corner of Lot No. 45 on the above mentioned Plan of Lots; thence along the southwestern
side of said Lot No. 45, South 29 degrees 16 minutes 10 seconds East, a distance of 150.00 feet to a point
on the western side of Merrimac, A venue; thence along the same side of Merrimac A venue, by a curve
to the right having a radius of 200.00 feet and an arc length of 72.23 feet to a point, the point and place
of BEGINNING.
CONTAINING 15,911.74 square feet.
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 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 tollowing 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, aftect, or alter from its pristine state, that area of land described as Lots
79 and 81 as depicted on the atoresaid 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 of said covenants and agreements by each
and every said purchaser in said subdivision, and their successors and assigns.
BEING Lot No. 46 on the above mentioned Plan of Lots.
UNDER AND SUBJECT to a temporary sanitary sewer and utility easement with Phase 2 and
a 25 foot drainage easement to the rear of premises as shown on said Plan.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and
other matters of record or that which a physical inspection or survey of the premises would reveal.