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HomeMy WebLinkAbout01-05044 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA JEFFREYPt'iOUHIN and MICHELLE~GOUHIN, his wife Owners YANEK CUSTOM HOMES, INC. Contractor STIPULATION AGAINST LIENS WHEREAS, Jeffrey Gouhin and Michelle Gouhin, of Boiling Springs, Pennsylvania, are about to execute contemporaneously herewith, a contract with Yanek Custom Homes, Inc. of Boiling Springs, Pennsylvania, for the erection of a dwelling house upon a lot of land situate described as follows: ALL THAT CERTAIN lot of land situate in South MiddletonTownship, Cumberland County, Pennsylvania, bounded and described m accordance with Phase Number I of Plan No. 3 of Joseph Manor (hereinafter referred to as Plan No. 3) prepared by Stephen G. Fisher, P, L. S. and recorded in Cumberland County, Subdivision Plan Book 63, Page 81A, as follows: BEGINNING at the point on Joseph Drive at the comer of Lot 54 and 55 of Plan No. 3; thence North 76 degrees 17 minutes 27 seconds West, 216.26 feet to a point; thence along Lot 55 of Plan, North 65 degrees 48 minutes 00 seconds West, 185.00 feet to a point; thence along Lot 62 of Plan No. 3, North 12 degrees 26 minutes 34 seconds West, 52.48 feet [o a point; thence along Lets 27 and 26 or Plan No, 2 of Joseph Manor (recorded in Cumberland County Plan Book 54, Page 64), North 77 degrees 33 minutes 26 seconds East, 197.54 feet to a point; thence along Lot. 53 of Plan No. 3, South 72 degrees 07 minutes 52 seconds East, 272.01 feet to a point on Joseph Drive; thence along Joseph Drive, South 24 degrees 12 minutes 00 seconds West, 150.00 fee[ to the point and Place of BEGINNING. BEING Lot No. 54 of Phase Number 1 of Plan No. 3 of Joseph Manor BEING the same premises which Raymond E. Diehl, et ux, by deed dated and to be recorded herewith, granted and conveyed unto Jeffrey P. Gouhin and Michelle L. Gouhin, his wife, Mortgagors herein. UNDER AND SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to m the afore-described tract of land, recorded or unrecorded. 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 of the Grantor, with which building and use restrictions the within Grantee, his heirs and assigns, by acceptance of this deed, agree to comply: 1. This tract of land shall be used for residential purposes only. No business (except home occupations), a commercial or industrial uses whatsoever shall be pemtltted on this tract of land 2. No trailer, mobile home, or similaz structure maybe located on this tract of land temporarily or permanently, for any use whatsoever. 3. No basement, tent, shack, bam, garage or stmc[ure of a temporary nature shall be erected on this tract of land and used as a residence eidter temporarily or permanently. 4. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other than the customary "Fot Rent" or `For Sale" signs when the same pertain to the premises on which they are located. One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) inches. 5. Nothing shall be done on this tract of land which may be or become an annoyance nuisance to the neighborhood. 6. No house shall be constructed on the premises conveyed herein without prior written approval by the Sellers, their heirs, executors, or assigns, as to the location, design, selection of materials and selection of builder. Written approval shall be made within five (5) days of submission of request to Seller. 7. All construction and landscaping shall be completed within one year of the commencement of such construction. 8. These covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them. 9. No animals shall be permitted except dogs, cats, horses or other domestic animals so long as such are not kept for commercial purposes. ]0. No single story or bi-level dwelling containing less than 1,400 square feet of fmished living space and no two-story residence containing less than 1800 square feet shall be erected on the subject lot (which space shall specifically exclude porches, breeze ways, basements, and gazages. All residences must include a 2 car or larger garage. 11. Each lot purchaser shall be solely responsible for maintaining all storm water easements on the subject lot th accordance with the storm water management plan approved by South Middleton Township as further described in the hereinabove mentioned Subdivision and Land Development Plan for Joseph Manor and shall indemnify Seller from any liability or obligation to the purchaser and/or South Middleton Township for damage to such storm water improvements occurring after purchase of the said lot. NOW, August ~, 2001, 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 Owner, 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 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 oyrfhantj~and seals the day and year aforesaid. Signed, Baled d deli red in the ese o AL) JEF GOU -Own EAL) ICHELLF~ OUH -Owner YANEK CUSTOM HOMES, INC. B ~ ~ - (SEAL) Contr for . t N ~ ^~ Cf o `= {. C ` ~:, , G ~;_ _~. ~= r' ~~ r. ~' 1, N~ l~ n Rf .~