HomeMy WebLinkAbout10-7197~~ -7i~~ ~~-~
STIPULATION AGAINST LIENS
THIS AGREEb~T'P made this ~ day of l1~CJrlZ'1~~ , 2 010 , by
and between 8G Stoltzfus Homes, LLC, of 474 Mount Sidney Road,
Lancaster, PA 17602, hereinafter referred to as Contractor,
AND
Charles R. Kuadtz sad Debra L. Kuadtz, husband and wife,
hereinafter referred to as Owner, whereby the contractor undertook
and agreed to erected and construct a dwelling on the certain lot
of ground situate in Lower Allea Towaship, Cumberland Couaty,
Commonwealth of Pennsylvania, and more fully described in Exhibit
"A" which is attached hereto and made apart hereof known as Lot
#26 Raveawood Road, Mechaaaicsburg, PA 17055.
NOW TH8RSFORS, THIS AGRSE~NT WITNESSSTH: That the said
Contractor, for an in consideration of the sum of ($1.00) Dollar to
Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, and the further consideration mentioned in the
agreement aforesaid, for itself, himself or themselves and its, his
or their subcontractors, and all parties acting through or under
them, covenant and agree that no mechanic's liens or claims shall
be filed 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 buildings on the lot
above described, and the said Contractor, for itself, himself or
themselves, its, his or their subcontractors and others under them,
hereby expressly waive and relinquish the right to have, file, and
maintain any mechanic's liens 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 the day and year first above
written.
Signed, sealed and delivered
-the prese f
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EG St fus Homes,
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF LQ/1CCcslz~ss
On this, the ol~day of Iy01/(° , 2010, before me,
t e undersigned officer, personally appeared
r~tf~ ~ known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that the within instrum nt was execute by the
person so identified in the capacity of ~J1;e~~'j~~,e. of EG
Stoltzfus Homes, LLC for the purposes therein contained.
IN WITNESS WHEREOF, I her unto set my han and official seal.
(SEAL)
Constance L. Campbell
Alotary Pu •c
East Iampeter'lw~p., tana~t+er Co., PA
My aotnn~iot- expires No~wcanber ~q, sou
ALL THAT CERTAIN tract or parcel of land being situate in Lower
tiller Township, Cumberland County, Pennsylvania, known, named and
identifi
d
e
in the Declaration, referred to below as, "The Manor
at Fair Oaks, A Planned Community"
which h
~ ,
as heretofore been
submitted to the provisions of the Pennsylvania Uniform Planned
Community Act, 68 Pa.C,S.A. ~~5101 et seq., by the recording in
the Offi
f
ce o
the Recorder of Deeds for Cumberland County,
Pennsylvania, the Declaration for the Ma
nor at Fair Oaks, A
Flexible Residential Planned Community ("Declaration"}
dated
,
June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698
P
,
age 28, amended by way of First Amendment to Declaration for The
Manor at Fair Oaks
dated J
,
anuary 6, 2005, recorded January 7,
2005, in the Office of the Recorder of Deeds for Cumberland
County, Pennsylvania, in Miscellaneous Book 719, Page 1998
"
,~
~•:~ ,
(
First Amendment`), designated in such First Amendment as Lot
28
a
d
i
`~~ ,
s
escr
bed in Exhibit F-1 of the First Amendment, more
particularly bounded and described
f
ll
as
o
ows:
BEGINNING at a point on the southern dedicated right-of-way line
of Ravenwood Road, said point also being the southwest corner of
Lot No. 29 of the hereinafter referenced Final Subdivision Plan;
thence along the southern line of said Lot No. 29, North B7
degrees 47 minutes 52 seconds East a distance of 159.68 feet to a
point, said point being a common corner of said Lot No. 29 and
Lot Nos. 28 and 30 of the hereinafter referenced Final
Subdivision Plan; thence along the western line of said Lot No.
30 South 49 degrees 21 minutes 53 seconds East a distance of
30.02 feet to a point on the western dedicated right-of-way line
of Firethorn Lane; thence along the same by a curve to the left
with an arc length of 93.10 feet, a radius of 50.00 feet, a chord
bearing of South 12 degrees 42 minutes 31 seconds East and a
chord length of 80.22 feet to a point; thence along the same
South O1 degree 08 minutes 32 seconds East a distance of 6.97
feet to a point on the northern line of lands N/F James R.
McClure and Judith A. McClure; thence along the northern line of
said McClure lands by a curve to the right having an arc length
of 38.29 feet, a radius of 175.00 feet, a chord bearing of North
84 degrees 52 minutes 23 seconds West and a chord length of 38.22
feet to a point, said point being the northeast corner of Lot No.
27 of the hereinafter referenced Final Subdivision Plan; thence
along the northern line of said Lot No. 27, South 88 degrees 17
minutes 52 seconds West a distance of 158.29 feet to a point on
the southern dedicated right-of-way line of Ravenwood Road;
thence along the southern dedicated right-of-way line of
Ravenwood Road North 02 degrees 12 minutes 08 seconds West a
distance of 100.00 feet to a point, the point and place of
BEGINNING.
THE FOREGOING legal description is in conformance with the plar:
entitled "Phase 2 Final Subdivision Plan for The Manor at Fair
Oaks", dated August 25, 2003, last revised August 19, 2004,
Project Number 210544, recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, in Plan Book 89, Page
120.
UNDER AND SUBJECT to any and all conditions, restrictions,
easements, rights-of-way, agreements and covenants of record and
that a physical inspection of the property would disclose
including but not limited to a portion of a 20.00 foot wide storm
sewer easement extending along the southern boundary of the
property and a portion of a 20.00 foot wide snow dump easement
extending along a portion of the northern boundary of the
property.
BEING KNOWN as Lot 28, Ravenwood Road.
BEING A PORTION of the same premises which Rossmoyne Residential
Associates, a Pennsylvania general partnership, by attorney-in-
fact, Robert M. Walker, by deed dated January 14, 2005, and
recorded January 21, 2005, in the office of the Recorder o£ Deeds
in and for Cumberland County, Pennsylvania, in Deed Book 267,