Loading...
HomeMy WebLinkAbout01-6619Ted A. Hoffman and Robin M. Hoffma~ VS. Haubert Homes Owner Contractor In the Court of Common Pleas. County of Cumberland County . Pennsylvania Number .... Term. 19 WHEREAS. Ted A. Hoffman and Robin M. Hoffman of Cumberland County is about to execute contemporaneously'herewith, a contract, with Haubert Homes of Cumberland County ~r thc erection of a sto~ Pennsylvania. Pennsylvania. building upon a lot of land situate SEE EXHIBIT A (attached hereto) NOW. October 29, I,~-200%.t the time of and immediately before the execution of the prin- cipal contract, and before any authority has been given by the said Ted A. Hoffman and Robin M. Hoffman to the said Haubert Homes to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Ted A. Hoffman and Robin M. Hoffman and the further consideration of One Dollar. to Haubert Homes paid by Ted A. Hoffman and Robin M. Hoffman . it is agreed that no lien shall be filed against the building t>y 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. SI~NDSEALEDINTE PRESENCEOF ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of Cumberland and 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 1, 1996, prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133, to wit: BEGINNING at a point on the northern side of Merrimac Avenue (50 foot right-of-way) and the southwestern corner of Lot No. 62 on the above mentioned Plan of Lots; thence along the northwestern line of Lot 62, North 47 degrees 16 minutes 20 seconds East. a distance of 125.00 feet to a point at the southwestern corner of Lot No. 66; thence along same North 14 degrees 46 minutes 27 seconds East, a distance of 31.87 feet to a point at the northeastern corner of Lot No. 64; thence along the southern line of Lot No. 64, North 84 degrees 07 minutes 17 seconds West, a distance of 137.86 feet to a point on the northern right-of-way line of Merrimac Avenue; thence along the same by a curve to the left having a radius of 150.00 feet and an arc length of 140.00 to a point, the point and place of BEGINNING. CONTAINING l 1,163.66 square feet. AND the said Grantee, his heirs and assigns, as a part of the consideration herein, does hereby agree and covenant with tl~e said Grantor, its successors, and assigns, and with each and every ~tl~ct' purchaser of any lot or lots in the Trout Run Subdivision of the Township of Upper Alien 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 hithful 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 cov,xqa:i[5 and,~,~hc,~,ono,':': .........~,,~ Grantee coxen~nt,..~., ', ~"'~ and agreeing' with each _..~-d ~,,~-,,~. ~. .... r~the, purchaser of lots in this subdivision, and with the Grantor herein, that said Grantee will faithfully observe and pertbrm 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 pertbrmance of said covenants and agreements by each and every said purchaser in said subciivision, and their successors and assigns. BEING Lot No. 63 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. C') o Cz,