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HomeMy WebLinkAbout99-03000_ielr? t The Phnlmhnrn 0. W illirm.pm6 P., I1701 Aw? and Andy-a Me Magar,96 Owner _ vs. Haubert Homes_._Inr Contractor WHEREAS, John M. of CUMBERLAND County In the Court of Common Pleas, County of ' Cumberland ,'Pennsylvania I Number 4. 35X,0 nt L?I'erm, 19 and Andrea M. Mesaros, his wife, is about to execute contemporaneously herewith, a contract, with of CUMBERLAND County for the erection of a two _ story Pennsylvania, Haubert'Homes, Inc. Pennsylvania, building upon a lot of land situate Exhibit "A" Attached NOW. }}?? ? r-:: ?1 I1 :7 May 18 19 99, at the time of and immediately before the execution ofthe prin- cipal contract, and before any authority has been given by the said OWNERS 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 Haubert Homes, Inc. and the further consideration of One Dollar. to Haubert Homes, Inc. paid by John Me and Andres M. Mesaros, his wife . it 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 right to file such liens being expressly waived. WITNESS. our hands and seals the day and year aforesaid. n SIGNED AN SEALED IN THE PRESENCE OF -s - ---0eq o Lo y N o N' (a C? ?`• N N 1V '?'? CTZ d N E .tt r. 3 £ O : G N ? i h a . a u w > C 0 U a a E E., s z EXHIBIT "A" 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 11 & 111, dated January 1, 1996, prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133, as follows, to wit: BEGINNING at a point on the western side of Merrimac Avenue at the northeastern corner of Lot No. 46 on the above-mentioned Plan of Lots; thence along the northern line of Lot No. 46, North 29 degrees 16 minutes 10 seconds West, 150.00 feet to a point at the lands now or formerly of Paul A. Brenneman et al.; thence along the said same lands, North 60 degrees 43 minutes 50 seconds East, 85.00 feet to a point at the southwestern comer of Lot No. 44 on the above-mentioned Plan of Lots; thence along the southwestern side of Lot No. 44, South 29 degrees 16 minutes 10 seconds East, 150.00 feet to a point on the western side of Merrimac Avenue; thence along the same side of Merrimac Avenue, South 60 degrees 43 minutes 50 seconds West, 85.00 feet to a point, the point and place of BEGINNING. CONTAINING 12,750.00 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 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 aforesaid 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. 45, on the above-mentioned Plan of Lots. UNDER AND SUBJECT to a 25' drainage easement running along the rear of the lot, as shown on the above-mentioned Plan. ALSO UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of records, if any, as they may appear. C i "- - Qi L LIJ Cl F ' r - V ? l?