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HomeMy WebLinkAbout10-0760.W I r STIPULATION AGAINST LIENS SAMPLE BRIDGE VENTURES, LP, Owner V. E.G. STOLTZFUS HOMES, LLC, Contractor Fl-t IN THE COURT OF COMMON-PLEA' CUMBERLAND COUNTY, `` - PENNSYLVANIA f ' ?' -rte v_ v : NO. 1? - olio /?'?t? WHEREAS, .SAMPLE BRIDGE VENTURES, LP, having an address of 3 Lemoyne Drive, Suite 100, Lemoyne, PA 17043, is about to execute contemporaneously herewith, a contract, with E.G. STOLTZFUS HOMES, LLC, of 474 Mt. Sidney Road, Lancaster, PA 17602, for the erection of a residence upon premises commonly known as Lot 25, Millfording Highlands, also known as 118 Balfour Drive, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, as set forth in the deed dated April 14, 2004, at Deed Book 262, Page 2572, in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW,, 2010, 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 same 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 materiahnen 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. SIGNED AND SEALED IN THE PRESENCE OF: CONTRACTOR: E.G. STOLTZFUS HOMES, LLC 71 By: OWNER: SAMPLE DGE VENTURES, LP By: Samp Bridge Developers, LLC, Gen al Partner By: William V. Rothman, M ?i 0. 451.0 i- A zw d-2wdi/G ./' EXHIBIT "A" Leval Description ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the western right-of-way line of Balfour Drive (50-foot right- of-way) at the southeast corner of Lot 24 on the hereinafter referenced Plan; thence along the southern boundary line of Lot 24, South 77 degrees 04 minutes 01 seconds West, a distance of 226.37 feet to a point at the southwest corner of Lot 24 and the northeast corner of Lot 8 of Millfording Highlands, Phase II; thence along the eastern boundary line of Lot 8 of Phase II of Millfording Highlands, South 15 degrees 08 minutes 12 seconds East, a distance of 56.03 feet to a point at the northwest corner of Lot 26; thence along the northern line of Lot 26, South 87 degrees 00 minutes 18 second East, a distance of 180.86 feet to a point at the northeast corner of Lot 26 and along Balfour Drive; thence along Balfour Drive, North 21 degrees 12 minutes 47 seconds East, a distance of 45.04 feet to a point; thence continuing along Balfour Drive by a curve to the left having a radius of 150.00 feet and an arc length of 73.51 feet to a point, the point and place of BEGINNING. BEING Lot No. 25 on the Final Subdivision Plan of Millfording Highlands, Phase I, recorded March 6, 2007, in the Cumberland County Recorder of Deeds Office in Plan Book 93, Page 129, and CONTAINING 17,385.56 square feet or 0.3991 acres. ALSO BEING that certain Unit, being Unit No. 25 (the "Unit"), of Millfording Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and Restrictions for Millfording Highlands, a Planned Community (the "Declaration") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Instrument Number 200730960, together with any and all improvements thereto. THE GRANTEE, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by executing this deed herein below, covenants and agrees to pay such charges for maintenance, repair, replacement and other expenses in connection with the Common Elements, as may be assessed against him, her, them, it, or against the said Unit, from time to time by the Executive Board of Millfording Highlands Homeowners' Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. §5101 et. Seq. (the "Act"), and further covenants and agrees that the Units conveyed by this deed shall be subject to a lien for all amounts so assessed, except insofar as §5407(c) of the Act may relieve a subsequent unit owner of liability for prior unpaid assessments. This covenant shall run with and bind the Units hereby conveyed and all subsequent owners thereof. Grantee, by executing this Deed herein below, acknowledge that the residential community known as Millfording Highlands located along Millfording Road adjoins a quarry operation presently operated by Pennsy Supply. Furthermore, Grantee on their behalf as well as their heirs and assigns, specifically waive any rights they may have to oppose any aspect of the said quarry operation so long as it complies with federal, state and local laws as they affect and govern the operation of a stone quarry. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto, all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal.