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HomeMy WebLinkAbout99-05103STIPULATION AGAINST LIENS ROBERT M. BLOCHER and VIRGINIA I. BLOCHER, Owner V. HAUBERT HOMES, INC. Contractor IN THE COURTOF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. Y(,o 99- 5/03 Macy 1i. WHEREAS, ROBERT M. BLOCHER and VIRGINIA 1. BLOCHER of 218 Walnut Circle, Shiremanstown, Pennsylvania, is about to execute contemporaneously herewith, a contract, with Haubert Homes, Inc. of 15 Central Blvd, Camp Hill, Pennsylvania, for the erection of a building upon premises commonly known as LOT 27 BRUNSWICK AVENUE, UPPER ALLEN TWP. MECHANICSBURG, CUMBERLAND County, Pennsylvania, as set firth in the deed dated August 10, 1999, recorded at Deed Book , Page , in the Recorder's Office for CUMBERLAND County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, AUGUST 19, 1999, 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 Name 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 heing expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CON"TRACTOR: HAUBERT HOMES, INC. By: ?' z - af4 OWNER: C ?z. ROBERT M. BLOC ER e VIRGINIX 1. o ? First American Title Insurance Company Commitment No. 851066 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 to the final Subdivision Plan for Creekstone Manor (formerly known as Trout Run), Phases II & III, dated January I, 1996, prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133, to wit: BEGINNING at a point on the northeastern side of Brunswick Avenue at the southwestern corner of Lot No. 28 on the Plan of Lots known as Trout Run, Phase 1; thence along the western side of Lot No. 28, North 47 degrees 16 minutes 20 seconds East, 125.00 feet to a point at the southern line of Lot No. 29 on the Plan of Lots known as Trout Run, Phase 1; thence along the said Lot No. 29 and Lot No. 30, North 42 degrees 43 minutes 40 seconds West, 85.00 feet to a point at the northeastern corner of Lot No. 26 on the above mentioned Plan of Lots; thence along the eastern side of Lot No. 26, South 47 degrees 16 minutes 20 seconds West, 125.00 feet to a point on the northeastern side of Brunswick Avenue; thence along the same side of Brunswick Avenue, South 42 degrees 43 minutes 40 seconds East, 85.00 feet to a point, the point and place of BEGINNING. CONTAINING 10,625.00 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 I through 78, and 80, in said subdivision, his successors acid assigns, shall be given a deed by the Grantor, containing these same covenants and conditions; each Grantee covenanting and agreeing with each an(] 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. 27 on the above mentioned Plan of Lots. UNDER AND SUBJECT to a portion of a 25 foot drainage easement running along the rear of the lot, as shown on the above mentioned Plan of Lots. UNDER AND SUBJECT, NEVERTHELOSS, to all casements, restrictions, encumbrances and nlhrr maltrrc of rr.rorel or that wilirh n hhvciral inenrrlinn nr wrvev of the nremicet; would rrvral a ? w -A s a r - _