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HomeMy WebLinkAbout03-4178STIPULATION AGAINST LIENS THIS AGREEMENT made the 22nd day of August, 2003, by and between HOFFMAN'S CUSTOM CONTRACTING, INC., a Pennsylvania corporation, hereinafter referred to as Contractor, and SEAN A. PLANK AND MICHELE M. PLANK, husband and wife, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at 37 Dannah Drive, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sutn of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration memioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the fight to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. 3_ WITNESS our hands and seals this 22nd day of August, 2003. Signed, Sealed and Delivered in the presence of Sean A. Plank, Owner Hoffinan's Custom'Contracting, Inc. By: TimothyD. Hoffinan, President, Contractor State of Pennsylvania County of Cumberland :SS On this, the 22nd day of August, 2003, before me the undersigned officer, personally appeared Sean A. Plank and Michele M. Plank, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and who acknowledge themselves to be the Owners of 37 Dannah Drive, Dickinson Township, Carlisle, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In wimess whereof I have hereunto set my hand and notarial seal. Notary PuI~L ! 2 State of Pennsylvania County of Cumberland SS On this, the 22nd day of August, 2003, before me the undersigned officer, personally appeared Timothy D. Hoffman, President of Hoffman's Custom Contracting, Inc., a Pennsylvania corporation, Contractor, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained in his capacity as President of the corporation and with the authority and intent to bind Hoffman's Custom Contracting, Inc. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nola~el Se~ 8~ulh MIddle~ Twp., Cumberland Coun[y My Caw~t~n F. xp~ ~ug. 18, 2007 Member, Pennsylvania Association Of Notaries Notkr~ublic 3 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan for Heritage Valley, prepared by Statler-Brehm Associates, Inc., dated October 13, 1993, copy of which consisting often pages was recorded on February 10, 1995, in the hereinafter named Recorder's Office in Plan Book 69, Page 78, etc., which Plan is incorporated herein by reference, as follows: BEGINNING at a point on the southern line of 50 feet wide Dannah Drive, at the dividing line between Lots nos. 30 and 31; thence from said point at the place of beginning along said southern line of said 50 feet wide Dannah Drive, North 86 degrees 18 minutes 13 seconds East a distance of 155.50 feet to a point at the dividing line between Lots Nos. 31 and 32; thence along said dividing line between Lots Nos. 31 and 32 and continuing along the dividing line between Lots Nos. 31 and 34, South 03 degrees 41 minutes 47 seconds East a distance of 454.79 feet to a point in line of land now or formerly of Roy E. Deitch and wife; thence along line of said land now or formerly of Roy E. Deitch and wife, North 77 degrees 54 minutes 08 seconds West a distance of 161.50 feet to a point at the dividing line between said Lots Nos. 30 and 31; thence along said dividing line between said Lots Nos. 30 and 31, North 03 degrees 41 minutes 47 seconds West a distance of 410.80 feet to a point on said southern line of 50 feet wide Dannah Drive, at the place of BEGINNING. THE ABOVE described lot of land is all of Lot No. 31 as shown on the said Subdivision Plan for Heritage Valley recorded as aforesaid, and contains a gross area of 67,299.38 square feet, or 1.54 acres, more or less. THE ABOVE described Lot No. 31 has the mailing address of 37 Dannah Drive, Carlisle, PA 17013. THE ABOVE described lot of land is conveyed under and subject, nevertheless, to the easements and conditions shown on the said Subdivision Plan for Heritage Valley recorded as aforesaid, and to the following building and use restrictions, with which building and use restrictions the within Grantee expressly agrees to comply and which building and use restrictions were recorded in the above named Recorder's Office on October 29, 1996 in Miscellaneous Book 533, Page 744. 1. This lot of land shall be used for residential purposes only. No business, commercial or industrial uses whatsoever shall be permitted on this lot of land. 2. Only one single family residence and a~cessory buildings may be erected on this lot of land. 3. No livestock of any kind, cattle, sheep, hogs, goats or horses and no poultry of any kind, shall be kept on this lot of land, except household pets which are housed in the principal dwelling house located on the which in described lot of land and which pets shall not be permitted to roam about out of doors unleashed. 4. No breeding or training kennels for dogs shall be kept or maintained upon this lot, except a dog which may be a household pet which is housed in the principal dwelling house erected on the within described land and which dog shall not be permitted to roam out of doors unleashed. 5. No buildings or any part or projection thereof shall be erected or maintaining within 25 feet of any side property line within 35 feet of the rear property line. 6. No wall of any building shall be erected nearer that 50 feet to the legal right of way line of any public street or road abutting the within described lot of land. 7. No trailer, mobile home or similar factory built structure may be located on this lot of land temporarily or permanently, for any use whatsoever. 8. No basement, tent, shack, garage, barn or structure ora temporary character shall be erected on this lot of land and used as a residence either temporarily or permanently. 9. No cesspool shall be permitted on this lot of land. The disposal of sewage shall be accomplished by use of a septic tank system or such other disposal system shall comply with the requirements of local and state health authorities. No outside privy shall be permitted. 10. No advertising or display sign shall be erected or maintained on this lot of land other that the customary "For Rent" and "For Sale" signs which the same pertain to the premises on which they are located. 11, Nothing shall be done on this lot which may be or become an annoyance or nuisance to the neighborhood, and no unlicensed vehicle shall be kept on this lot of land unless stored inside a building. 12. No hedge or fence shall be erected within 15 feet of any property line at a height in excess of four feet. 13. The within described lot of land shall not be subdivided. 14. Freestanding television and radio towers are prohibited on this lot of land, and any such antennae which are desired shall be installed on or against the dwelling house. 15. No wrecked or salvaged or partially or totally dismantled or unlicensed vehicle shall be permitted on this land at any time unless the same is stored inside a building. 16. All plans and specifications for any proposed building or addition to be erected on the above described lot of land must be submitted to Linwood B. Phillips, Jr. and Robert m. Frey or their nominee for approval as to location on the lot, and for approval as to size, style or architecture and materials used. No construction shall begin until approval had been given, which approval will not be unreasonably withheld and will be based in part on the conformity of any proposed building with the size and style and types of existing buildings in the area, general character of the area, and commonly accepted building standards and practices in the area, general character of the area, and commonly accepted buildings standards and practices and in addition to the above, must be of a value of no less than $65,000.00, exclusive of land on which it is located, based upon construction costs for labor and material as of August 17, 1987. Approval or disapproval shall be given in writing within 30 days from the date of submission of plans. 17. If any conflict exists between the above restrictions or those of any government authority, then the more restrictive shall apply.