Loading...
HomeMy WebLinkAbout08-4209 STIPULATION AGAINST LIENS o~-yap ~ ~~~ THIS AGREEMENT, made the 11th day of July, 2008, by and between David W. Ketner, d/b/a D.W. Ketner Enterprises hereinafter referred to as Contractor, AND Mark D. Raymond and Sherry A. Raymond hereinafter referred to as Owner, whereby the #ormer undertook and agreed to erect and construct a single family residence on that certain tot of ground known as: ALL THAT CERTAIN tract of unimproved land, situate in Penn Township, Cumberland County, Pennsylvania, being known as Lot 4, bounded and described in accordance with the Final Minor Subdivision Plan #or William J. CardweN, dated July 10, 2007, revised August 21, 2007, last revised September 10, 2007 and recorded November 29, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 200744520. NOW THEREFORE, THlS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) to Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned 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 flied 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 building on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file and maintain any mechanic's {lens 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. WITNESS our .hands and seals this 11th -day of July, 2008. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF (SEAL) avid W. Ketner d/b/a D.W. Ketner terprises (SEAL) ,~CMark D. Ray nd l~ (SEAL) Sher A. Raym d .~ Exhibit "A" ALL THAT CERTAIN tract of unimproved land, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Minor Subdivision Plan for William J. Cardwell, dated July 10, 2007, revised August 21, 2007, last revised September 10, 2007 and recorded November 29, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 200744520, as follows: BEGINNING at a concrete monument to be set along the western side of Mount Rock Road (S.R. 3015) at the dividing line between Lots 3 and 4 on the aforementioned plan; thence continuing along said dividing line, the following three courses and distances: 1) North 70 degrees 23 minutes 48 seconds West, a distance of 192.18 feet to an iron pin to be set; 2) North 85 degrees 58 minutes 13 seconds West, a distance of 329.76 feet to an iron pin to be set; 3) South 04 degrees 03 minutes 18 seconds West, a distance of 200.33 feet to an iron pin to be set at line of lands now or formerly of Josephine L. Bream; thence continuing along line of lands now or formerly of Josephine L. Bream, South 85 degrees 56 minutes 42 seconds East, a distance of 505.17 feet to a point along the western side of Mount Rock Road (S.R. 3015); thence continuing along the western side of Mount Rock Road (S.R. 3015), the following two courses and distances: 1) North 02 degrees 39 minutes 00 seconds East, a distance of 58.88 feet to an iron pin to be set; 2) by a curve to the right, having a radius of 307.94 feet, an arc length of 91.12 on a chord bearing of North 11 degrees 07 minutes 37 seconds East, a chord length of 90.79 feet to a concrete monument to be set, being the point and place of BEGINNING. CONTAINING 2.23 acres and being all of Lot No. 4 on the aforementioned plan. UNDER AND SUBJECT to the following conditions, restrictions, covenants and reservations which shall apply and be binding upon the within tract: 1. This tract of land shall be used for residential purposes only. No business, commercial or industrial uses whatsoever shall be permitted on this tract of land. 2. No cattle, sheep, hogs, goats, poultry or livestock of any kind shall be kept on any lots. Horses are permitted provided such use is in compliance with applicable zoning ordinances of Penn Township. Household pets shall not be permitted to roam about out of doors unleashed. 3. No breeding or training kennels for dogs shall be kept or maintained upon any lot. 4. No building or any part or projection thereof shall be erected or maintained within the building set-back lines as provided by the Township ordinance and as shown on the aforementioned plan. The set-back lines shown on the aforementioned plan are reflective of the current Township ordinance. If in the future the Township ordinance set-back provisions change, the more restrictive of the ordinance or the plan shall apply to any future construction. 5. No travel trailer, mobile home or similaz vehicle or structure may be located on this tract of land outside a completely enclosed structure either temporazily or permanently. 6. No advertising or display sign shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located. 7. Nothing shall be done on this lot which may be or become an annoyance or nuisance to the neighborhood. 8. No hedge or fence shall be created within ten (10) feet of any property line at a height in excess of four (4) feet. 9. The lots of the aforementioned plan shall not be further subdivided. BEING a portion of the same premises which William J. Cardwell, by Deed dated October 16, 2007 and recorded October 18, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument Number 200739953, granted and conveyed unto David W. Ketner. Mona S. Ketner hereby joins in to convey her marital interest as spouse to David W. Ketner, Grantors herein. ~ ~ ~ ~' ~ ~ ~ ~ ~ ~ . ,, ,, ~ ~ ~ ~~r ~ > :, ~' ~ ~- ? , ~~ ~ ~ J .c`- ~~ "`~ ~~ ~_ r.' -..... rm.. c'~ ~- ~~`~, ,`'~-~, c'\ ~.