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HomeMy WebLinkAbout10-5703 STIPULATION AGAINST LIENS Lenor G. Hersey, Owner V. E. G. Stoltzfus Homes, LLC, Contractor IN THE COURT OF COMMON PILE Cumberland COUNTY, PENNSYLVANIA ' N rn NO. Id - .5,103 MLD c WHEREAS, Lenor G. Hersey of 2080 Golf Course Drive, Reston, VA 20191, is about to execute contemporaneously herewith, a contract, with E. G. Stoltzfus Homes, LLC of 474 Mt. Sidney Rd., Lancaster, PA, for the erection of a building upon prem ses commonly known as Lot 12, 222 Dunbar Drive, Township Silver Spring, Cumb rland County, Pennsylvania, as set forth in the deed dated 04114104, recorded at Deed Book 262, Page 2572 (part of), in the Recorder's Office for Cumberland County, Pennsylvania, as more specifically described in Exhibit "A" which is incorporated herein and attached hereto. NOW, August 27, 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 i consideration of the making of the said contract with Contractor and the further consid ration of One Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be led against the building by the Contractor, or any subcontractor, nor by any of the materialm n 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 Bing expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED AND SEALED IN THE PRESENCE OF CONTRACTOR: E.G. STOLTZ?us HOMES, LLC Ay: - ?j sdt OWNER: or G. Hersey *at '0 Po Mdsk& Abstrac?L'o ?-? 14o Ito Y N EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as fbllows: BEGINNING at a point located on the eastern right-of-way line of D bar Drive (50- foot right-of-way) at the southwest comer of Lot 13 on the hereinafter referenced plan; thence along the southern boundary line of Lot 13, North 69 degrees 09 minutes 10 '',seconds East, a distance of 204.86 feet to a point at the southeast corner of Lot 13 and the northwest corner of Lot 21 of Millfording Highlands, Phase I; thence along the western boundary line of Lot 21, South 15 degrees 08 minutes 12 seconds East, a distance of 100.39 feet to a point at the northeast of comer of Lot 11 on the hereinafter referenced plan; thence along the northern (boundary line of Lot 11, South 69 degrees 09 minutes 10 seconds West, a distance of 197.01 feet to a point on the eastern right-of-way line of Dunbar Drive; thence along Dunbar Drive, North 20 degrees 50 minutes 50 seconds West, a distance of 72.62 feet to a point; thence continuing along the same by a curve to the right having a radius of 175.00 feet and an arc length of 27.318 feet to a point, the point and place of BEGINNING. BEING Lot No. 12 on the Final Subdivision Plan of Millfording Highlands, Phase II, recorded September 3, 2009, in the Cumberland County Recorder of Deeds Office in Instrument Number 200931000, and CONTAINING 20,159.27 square feet or 0.4628 acres116 ALSO BEING that certain Unit, being Unit No. 12 (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 "Djeclaration") 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 amendments thereto. THE GRANTEE, for and on behalf of the Grantee and the Grantee's 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 Communitl 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, acknowledges that the residential community known as Millfording Highlands located along Millfording Road: adjoins a quarry operation presently operated by Pennsy Supply. Furthermore, Grantee on the?r 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 reco?d or that which a physical inspection or survey of the premises would reveal.