HomeMy WebLinkAbout03-2919MI('~IAFT. C' T-IASg.cq~TI'V ,;md ("A~,"~T. A
FURJANIC Owner
vs.
HAUBERT H:MES. INU.
Contractor
In the Court of Common Pleas, County of
OJ'nber 1 and . Pennsylvania
Number (~)5~--('~lq' m~.b Term. 2~200a
WHEREAS. Mic[ael C. Hassett and Carol A. Furjanic of 568 Elliott Drive,
o~x Huamel stown Pennsylvania.
is about to execute contemporaneously herewith, a contract, with l-[aubert H(m~s, Inc.
of 15 Central Blvd., Camp Hill, PA 17011 ~.
for the erection of a story building upon a lot of land IKt~I~K
known as Lot lq, Merrlmac Avenue, upper Atlen Township, cumberland County,
Pennsylvania, more particularly describeo on Exhibit "^" attached hereto and lncorporatea
herein Dy reference.
NOW. dune lu, 2003 ~ . at the time of and immediately before the execution of the prin-
cipal 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 CXvner and the further
consideration of One Dollar, to paid
cent ratter
by uwner , il 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 of said building, the fight to file such
liens being expressly waived.
WITNESS. our hands and seals the day and year aforesaid..~--x
ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of
Cumberland and Commonwealth of Pennsyl, ania, bounded and described as follows,
acco,',lance to the Final Subdivision Plan fo~ Cmekstone Manor (formerly known as
Trout Run), Phase II and HI, dated January 1, 1996, prepared by Hartman & Associ
Inc2, and recorded in Plan Book 76, Page 133, to wit:
BEGINNING at a point on the southern side of Merrimac Avenue at the northwestern
comer of Lot No. 17 on the above mentionc,l Plan of Lots; thence along the western side
of Lot No. 17, South..k6 ~egrees 34 m~nutes 23 ;econds West, a d~stance of 164.41 feet to
a point at the lands now or formerly of James F. Mulford et al; thence along the said same
lands, North 76 degrees 11 minutes 54 seconds East, a distance of 50.00 feet to a point on
the eastern line of LOt No. 19 on the above mentioned Plan of Lots; thence along the
eastern line of Lot No. 19, North 29 degrees 16 minutes 10 seconds West, a distance of
125.00 feet to a point on the southern side of Merrimac Avenue; thence along the same
side of Merrimac Avenue, North 60 degrees 43 minutes 50 seconds East, a distance of
34.42 feet to a point; thence continuing along same, along a curve to the right having a
radius of 200.00 feet and an arc length of 102.85 feet to a point, the point and place of
BEGINNING.
CONTAINING 13,270.08 square feet or 0.304 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 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 conditmns, to wit:
That they will not dredge, dump, fill. d:ain, spray, mow, discharge,
degrade, remove earth, rocks, wood, ur vegetation therefrom, operate
vehicles of any kind thereon, or oth;:rw~::e impair, affect, or alter from its
pristine state, that area of land descfibcd 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
coven~ants 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 ;il
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, their'
successors and assigns.
BEING LOt No. 18 on the above mentioned Plan of Lots.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions,
encumbrances and other matters of record or chat which a physical inspection or su;, :y
of the premises would reveal.
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 of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book A,
Volmne 34, Page 168, granted and conveyed unto William F. Rothman, Charles F.
Schubert and Samuel L. Reed, t/dgo/a Rothman, Schubert and Reed, a Pennsylvania
general partnership, the Grantors herein.