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HomeMy WebLinkAbout99-04592?t rh. Nnnhmhwn ('n. wlllum.Mxl. N. I1MI :` ?#i?ulrz#tuns ?gaztxcs# ?Lit,e?s BRIAN D. PALEVEDA and BRAN= L. PAYNE In the Court of Common Pleas, County of Owner -- vs. QED HWBM HMMSr EV Pennsylvania Contractor Number-2 Term. 19 WHEREAS, BRIAN D. PALEVEDA and BRI124 $ L. PAYM of DUMECEN WIMPY is about to execute contemporaneously herewith, a contract, with MUM M H X=' Pennsylvania for the erection of a two story Pennsylvania, r , building upon a lot of land situate SEE ATIALHM LEGAL EESCpjMCIN MARREO AS nE9111IT "A°- NOW. July 26 1999 , at the time of and immediately before the execution of-the p' * nn- cipal contract, and before any authority has been given by the said BRIAN D. PALEVEDA and BR7lMEZ L. PAYNE to the said HMMERT HOMMr INC. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with HAIMM Hl*=r INC. and the further consideration of One Dollar, to IMME T MMSr INC. paid by BRIAN D. PALIEVEDA and ERANIM L. PA 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. SIGNED AND SEALED IN THE PRESENCE OF m z z _ YM V tt.. U ? ? 3 C f° •? a ° ? 33 a a v a a E d z BEGINNING at a point on the northern side of Merrimac Avenue at the southwestern corner of Lot No. 81 Open Space Land now or formerly of the Appalachian Audubon Society; thence along the western side of Lot No. 81, North 43 degrees 33 minutes 50 seconds East, 130.06 feet to a point at the southern side of Wetlands as shown on the above Plan of Lots; thence along the said Wetlands, North 57 degrees 30 minutes 00 seconds West, 253.48 feet to a point at the northeastern corner of Lot No. 39 on the above mentioned Plan of Lots; thence along the eastern side of Lot No. 39, South 08 degrees 08 minutes 50 seconds West, 156.39 feet to a point on the northern side of Merrimac Avenue; thence along the same side of Merrimac Avenue, by a curve to the right having a radius of 250.00 feet and an arc length of 163.26 feet to a point; the point and place of BEGINNING. CONTAINING 26,515.81 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 I 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. 38 on the above mentioned Plan of Lots. UNDER AND SUBJECT to a portion of an area known as Wetlands running along the northeastern side of said lot, as shown on the above mentioned Plan of Lots. 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. J w v T ? rl Vl iii t ?t N f _1:? t,J ^I?• V Iil ?• _I f.. •p v v? :?