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HomeMy WebLinkAbout99-03344 STIPULATION AGAINST LIENS GREGORY R. SAUSSER and NANCY L. SAUSSER, Owner V. HAUBERT HOMES, INC., Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA XD 2 No. q9 - 3344 -0(r, Dzhfi' z ; n-Tt w zQ b? = n ? Z w r n 1 WHEREAS, GREGORY R. SAUSSER and NANCY L. SAUSSER of 506 Alison Avenue, c Mechanicsburg, Pennsylvania, is about to execute contemporaneously herewith, a contract, with HAUBERT HOMES, INC. of 15 Central Boulevard, Camp Hill, Pennsylvania, for the erection of a building upon premises commonly known as LOT 5 FLEMING DRIVE, UPPER ALLEN TOWNSHIP MECHANICSBURG, CUMBERLAND County, Pennsylvania, as set forth in the deed dated recorded at Deed Book Page CUMBERLAND County, Pennsylvania, as more specifically described ne Exhibit "A Owhichfis incorporated herein and attached hereto. NOW, JUNE 1, 1999, at the time of and immediately before the execution of the principal contract, and before any authority has been given by die said Owner to die 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 Contractor 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 materialmen 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. SIGNED AND SEALED IN THE PRESENCE OF /; ?f C! CONTRACTOR: HA ERT HOMES, INC. OWNER: GREG Y . SAUSSER NANCY L SAUSSER - 0 D 0 r 09 G First American Title Insurance Company Commitment No. 850860 SCHEDULE C ALL THAT CERTAIN lot of land situate in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, in accordance with the Final Subdivision Plan for Trout Run, Phase 1, dated April 2, 1995, prepared by Hartman & Associates, Inc., and recorded in Plan Book 70, Page 137, viz: BEGINNING at a point on the southeastern side of Fleming Drive at the southwestern corner of Lot No. 4 on the above mentioned Plan of Lots; thence along the western side of Lot No. 4, South 19 degrees 43 minutes 40 seconds East, 175.00 feet to a point at the northwestern corner of Lot No. 10 on the above mentioned Plan of Lots; thence along the western side of said Lot No. 10, South 70 degrees 16 minutes 20 seconds West, 85.00 feet to a point at the eastern corner of Lot No. 6; thence along the eastern line of Lot No. 6, North 19 degrees 43 minutes 40 seconds West, 175.00 feet to a point on the southern side of Fleming Drive, thence along Fleming Drive, North 70 degrees 16 minutes 20 seconds East, 85.00 feet to a point, the point and place of BEGINNING. CONTAINING 14,875.00 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 an lot in said subdivision, including but not limited to, the Grantees of Lots 79 and 8l, and their successors and assigns, is given the right to enforce by any legal means the performance of said covenants and agreements by cacti and every said purchaser in said subdivision, and their successors and assigns. BEING Lot No. 5 on the above mentioned Plan of Lots.