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HomeMy WebLinkAbout12-1553-FILED-'FFICE a- THE PROTHONOTARY 2012 MAR 12 AM 9: 52 CUMBERLAND COUNTY PENNSYLVANIA STIPULATION AGAINST LIENS Andrew Gibson and Amy Gibson In the Court of Common Pleas of Owner Cumberland County, Pennsylvania Hoffman Custom Contracting Docket Number do (01' Term 2012 Contractor Page Number .3 t) V- Whereas, Hoffman Custom Contracting ("Contractor") of 35 Chelsea Lane, Carlisle, PA 17013 , has entered into a contract with Andrew Gibson and Amy Gibson ("Owners") of 25 Morgan Drive, Carlisle, PA 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 25 Morgan Drive, Dickinson Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. &UV °a?l y9 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 Owners 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, materialmen, 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, materialmen 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, shall 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 Owners full power and authority to protect Owners 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of Andrew Gibson Amy Gib on HOFFMAN CUSTOM CONTRACTING By: V 4" e,-' Ti thy Ho MAP,-13-2012 TUE 01:25 PM GUARDIAN TRANSFER FAX No. 111-123-4585 P-002 File No. 12-0168GC ALL THAT CERTAIN lot or piece of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the northern right-of-way line of 60 foot wide Morgan Drive at the dividing line between Lots No. 43 and Lot No. 44; thence along said dividing line North 15 degrees 20 minutes 21 seconds West 270.00 feet to a point at the dividing line between Lots Nos. 6, 7, 43 and 44; thence along the dividing line between Lots Nos. 7 and 44 North 74 degrees 39 minutes 39 seconds East 150.00 feet to a point at the dividing line between Lots Nos. 7 and 44; thence along the dividing line between Lots Nos. 44 and 45 South 15 degrees 20 minutes 21 seconds East 270.00 feet to a point in the northern right-of-way line of Morgan Drive; thence along said right-of-way line South 74 degrees 39 minutes 39 seconds West to a point, the place of BEGIlVNING. THE ABOVE-DESCRIBED lot of land is all of Lot No. 44 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains as area of 40,500 square feet, or 0.93 acres, more or less. THE ABOVE-DESCRIBED Lot #44 has the mailing address of 25 Morgan Drive, Carlisle, PA 17015. THE ABOVE-DESCRIBES lot of land is conveyed under and subject, nevertheless, to the building restrictions shown on and set forth on the above-mentioned Final Subdivision Plan of Kings Gap Estates, recorded as aforesaid, and to easements visible or of record and to the following building and use restrictions which shall be binding on the above-described lot of land only and shall not be deemed binding on other lands of L.B. Phillips, Jr., Deceased, or on other land or the heirs or successors of L.B. Phillips, Jr., Deceased, with which building and use restrictions the within Grantees, their heirs and assigns, by the acceptance of this deed, agree to comply. 1. This tract of land shall be used for residential purposes only. No business, commercial or industrial uses whatsoever shall be permitted on this tract of land. 2. Only one single family residence and accessory building may be erected on this tract of land. Any accessory building must comply with requirement for approval of Plans of Specifications as set forth in Paragraph #15 below and any accessory building shall be no larger than 750 square feet, and not larger than 25 feet x 30 feet, and not taller than 16 feet measured from ground level to the highest point of its roof No livestock of any kind, cattle, sheep, hogs, goats or horses and no poultry of any kind shall be kept on this tract of land, except household pets which are housed in the principle dwelling house located on the within-described tract of lands and which pets shall not be permitted to roam out-of-doors unleashed. MAR-13-2012 TUE 01:25 PM GUARDIAN TRANSFER FAX No. 117-723-4585 P.003 4. No breeding or training kennels for dogs shall be kept or maintained upon this tract of land, excepting a dog which may be a household pet which is housed in the principle dwelling house erected on the within-described tract of land and which dog shall not be permitted to roam about out-of-doors. 5. No building or any part of projection thereof shall be erected or maintained within 25 feet of any side of property line or within 35 feet of the rear property line. 6. No wall or any building shall be erected nearer than 50 feet to the legal right-of-way line of any public street or road abutting the within-described tract of land, 7. No trailer, mobile home or similar factory-built structure may be located on any lot of land temporarily or permanently, for any use whatsoever. 8. No basement, tent, shack, garage, barn or structure of a temporary character shall be erected on this tract of land and used as a residence either temporarily or permanently. 9. No cesspool shall be permitted on this tract 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. 10. No advertising or display sign shall be erected or maintained on this tract of land other than the customary "for rent" or "for sale" signs when the same pertain to the premises on which they are located. 11. 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. 12. No hedge or fence shall be erected within 15 feet of any property line at a height in excess of four feet, 13. Freestanding television and radio towers are prohibited on each lot of land, and any such antennae which as desired shall be installed on or against the dwelling house. 14. No wrecked or salvaged or partially dismantled or unlicensed vehicle shall be permitted on this land at any time unless the same is stored inside a building. 15. All plans and specification for any proposed building or addition to any existing building to be erected on the above-described tract of land must be submitted to the Executor of the Last Will and Testament of Linwood B. Phillips, Jr., Deceased, or his nominee, for approval as to location on the lot and for approval as to the size, style or architecture and materials to be used. No construction shall begin until approval has been given, which approval shall not be unreasonably withheld and will be based in part on the conformity of any proposed building with the size and style of existing building in the area, general character of the area, and commonly accepted building standards and practices. Approval of disapproval shall be given in writing within 30 days from the date of submission of plans and specifications. 16. Construction of a dwelling house in accordance with the applicable restrictions set forth above shall begin no later than six months from the day of conveyance by Linwood B. Phillips, Jr.'s Executor to the new owner, In the event this time period expires and no such construction has begun, the lot shall be re-conveyed to the Executor of the Last Will and Testament of Linwood B. Phillips, Jr., Deceased at the same sale price as set forth in the deed from the Executor of the Last Will and Testament of Linwood B. Phillips, Jr,, Deceased, and in such event the Grantor in the MAR-13-2012 TUE 01:25 PM GUARDIAN TRANSFER FAX No. 717-723-4585 P.004 re-conveyance to said Executor shall be responsible for paying all transfer taxes applicable to such re-conveyance and to the recording charges for such re-conveyance. 17. This lot of land shall not be subdivided. 18. If any conflict exists between the above restrictions and those of any governmental authority, then the more restrictive shall apply.