HomeMy WebLinkAbout04-2392 Stipulate, ns Against Liens
~4,VTHONYJ. RUSSO ,,
................................... ~ .................................................. ' ................. o¢~;
In the Court of Common Pleas County of
Cumberland
Docket Number I~1~ "~.~ /TII~
Page Number
, Pennsylvania
Term 2004
Whereas, Lone Tree, inc. ('Contractor") of 4409 Carlisle Pike, Camp Hill, PA 17011 has entered into a contract with
ANTHONY J. RUSSO ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of
ground known as 17 MACKENZEE DRIVE, DICKINSON TOWNSHIP, Carlisle, PA 17013,,, Cumberland,
PENNSYLVANIA described in Exhibit "A" hereof, of which ANTHONY J. RUSSO is the title holder of record; and
Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialman, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
And this agreement, waiving the right of lien by anyone, shaft be an independent covenant and shall operate and be
effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
(even D. Kurcina
STIPULATION AGAtNST LIENS
' F-~le No.'04-248
ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded
and described in accordance with Subdivision Plan for Annendale prepared by Statler-Brehm Associates, Inc.,
dated April 12, 1995, a copy of which consisting of six (6) pages was recorded on December 23, 1996 in the
hereinafter named Recorder's Office in Plan Book 73, Page 111, etc. which Plan is incorporated herein by
reference, as follows:
BEGINNING at a point on the western line of 50 feet wide Makenzee Drive at the dividing line between Lots
No. 29 and 30; thence from said point at the place of beginning along said western line of said 50 feet wide
Makenzee Drive by a curve to the right having a radius of 175 feet an arc distance of 322.92 feet to a point on
the northern line of said 50 feet wide Makenzee Drive; thence along said northern line of 50 feet wide
Makenzee Drive, South 86 degrees 53 minutes 1l seconds West a distance of 104.61 feet to a point at the
dividing line between Lots Nos. 30 and 31; thence along said dividing line between said Lots Nos. 30 and 31,
North 23 degrees 01 minutes 49 seconds West a distance of 170.68 feet to a point at the dividing line between
Lots Nos. 29 and 30; thence along said dividing line between said Lots Nos. 29 and 30, North 55 degrees 48
minutes 56 seconds East a distance of 273.46 feet to a point on said western line of 50 feet wide Makenzee at
the Place of BEGINNING.
THE ABOVE-described lot of land is all of Lot No. 30 as shown on said Subdivision Plan for Annedale
recorded as aforesaid, and contains an area of 50.956 square feet or 1/1697 Acres, more or less.
THE ABOVE-described lot of land has the mailing address of 17 Makenzee Drive, Carlisle, PA 17013.
THE ABOVE-described lot of land is conveyed together with and under and subject, nevertheless, to easements
visible or of record and to the limitations and conditions set forth on said Subdivision Plan for Armendale, and
to the following building and use restrictions which shall be binding upon the within described lot of land only
and shall not be deemed binding on other land of L.B. Philips Jr. and Robert M. Frey, and their wives, with
which building and use restrictions the within Grantee, his heirs and assigns, by the acceptance of this deed,
agree to comply:
Each lot of land shall be used for residential purposes only. No business, commercial or industrial uses
whatsoever shall be permitted on this tract of land.
Only one single-family residence and accessory buildings may be erected on each lot of land.
No livestock of any kind, cattle, sheep, hogs, goats or horses and no poultry of any kind, shall be kept on any lot
of land, except household pets which are housed in the principal dwelling house located on the lot of land and
which pets shall not be permitted to roam about out-of-doors unleashed.
No breeding or training kennels for dogs shall be kept or maintained upon any lot of land, excepting a dog
which may be a household pet which is housed in the principal dwelling house erected on the lot of land and
which dog shall not be permitted to roam about out-of-doors unleashed.
No building or any part or projection thereof shall be erected or maintained within 25 feet of any side property
line or within 35 feet of the new property line.
No wall of any building shall be erected nearer than 35 feet to the legal right-of-way line of any public street or
road abutting any lot of land.
No trailer, mobile home or similar factory-built structure may be located on any lot of land temporarily or
permanently, for any use whatsoever, but this restrictions shall not preclude approval of a modular structure
which has the appearance and general specifications associated with a traditionally constructed house on the
premises.
No basement, tent, shack, garage, barn or structure of a temporary character shall be erected on any lot of land
and used as a residence either temporarily or permanently.
No cesspool shall be permitted on any lot of land. The disposal of sewerage shall be accomplished by use of a
septic tank system or such other disposal system as shall comply with the requirements of local and state health
authorities. No outside privy shall be permitted.
No advertising or display sign shall be erected or maintained on any lot of land other than the customary "For
Rent" and "For Sale" signs when the same pertain to the premises on which they are located.
STIPULATION AGAINST LIENS
'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 any lot of land unless stored inside a building.
No hedge or fence shall be erected within 15 feet of any property line at a height in excess of four feet.
This lot of land shall not be subdivided.
Freestanding television and radio towers are prohibited on each lot of land, and any such antennae which are
desired shall be installed on or against the dwelling house.
No wrecked or salvaged or partially or totally dismantled or unlicensed vehicle shall be permitted on any lot of
land at any time unless the same is stored inside a building.
All plans and specifications for any proposed building or additions to be erected on any lot of land must be
submitted to L.B. Phillips, Jr. and Robert M. Frey, or their nominees, for approval as to location on the lot, and
for approval as to size, style or arcl/ltecture and materials to be used. No construction shall begin until approval
has 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 and in addition to the above, must be of a value
of no less than $125,000.00, exclusive of land on which it is located and exclusive of exterior improvements
such as landscaping, driveways and any accessory structures, based upon construction costs for labor and
material as of August 1, 1998. Approval or disapproval shall be given in writing within 30 days from the date
of submission of plans.
If any conflict exists between the above restrictions and those of any governmental authority, then the more
restrictive shall apply.
The owner of any lot shown on the above-mentioned Subdivision Plan for Annendale shall have the right to
enforce compliance with any or all of the above building and use restrictions by action in law or equity against
the owner or owners of any lot shown on said Subdivision Plan for Annendale.
STIPULATION AGAINST LIENS