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HomeMy WebLinkAbout12-2564STIPULATION AGAINST LIENS THIS AGREEMENT made this a4-1?Aday of 2012, by and between Fred A. Tiday Builders, Inc. a Pennsylvania Corporation, hereinafter referred to as Contractor, AND Kenneth M. Konicki and Lorraine E. Sloma-Konicki, husband and wife, hereinafter referred to as Owners, whereby the contractor undertook and agreed to erected and construct a dwelling on the certain lot of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, and more full described in Exhibit "A" which is attached hereto and madam mart hereof and known as 245 Pine Creek Drive, Carlisle, 0xm1bet1arS1W County, Pennsylvania. M-v M-.-' t!? r N C; r-;z rn C (= a• NOW THEREFORE, THIS AGREEMENT WITNESSETH: Tha e.`sa.: Contractor, for an in consideration of the sum of ($1.0( I?gll to Contractor in hand paid by Owner, the receipt whereof i-S h-ere 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. FRED A. TIDAY BUILDERS, INC. SIGNED, SEALED AND DELIVERED IN THE SENCE OF By: Fred A. ay 0W\ %,&4,coP? `'e ck 39 (o 12 a?u ?? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS On this, the c? ? day of OPA-4-1? , 2012, before me a Notary Public, the undersigned officer, personally appeared Fred A. Tiday who acknowledged himself to be the President of Fred A. Tiday Builders, Inc. and that he as such President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the said Corporation by himself as such President. IN WITNESS WHEREOF, I hereunto set hand and official seal. c OMMONWE^ MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CLAIRE MARIE LYTER, Notary Public Hampden 1^p., Cumberland County My Corr n*won Eq*os March 27, 2018 EXHIBIT A ALL THAT CERTAIN tract of land situate in North Middletown Township, Cumberland County, Pennsylvania, designated as Lot No. K on the Preliminary/Final Subdivision Plan for The Estates at Cross Creek dated June 9, 2006 and Last Revised on July 28, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 93, Page 48, more particularly bounded and described, as follows: BEGINNING at a point on the Northeastern right-of-way line of Pine Creek Drive (50.00 feet wide), said point being located at the Southeastern corner of Lot No. 101; thence along the Eastern boundary line of Lot No. 101, the following two (2) courses and distances: (1) North 25 degrees 51 minutes 52 seconds East, for a distance of 61.71 feet and (2) North 06 degrees 20 minutes 46 seconds West, for a distance of 155.55 feet, to a point at the Southwestern corner of Lot No. I; thence along the Southern boundary line of Lot No. I, South 79 degrees 59 minutes 31 seconds East, for a distance of 165.86 feet, to a point at the Northwestern corner of Lot No. J; thence along the Western boundary line of Lot No. J, and along the western boundary line of Lot No. 103R, South 13 degrees 19 minutes 03 seconds, West for a total distance of 263.91 feet, to a point on the Northeastern right-of-way line of Pine Creek Drive (50.00 feet wide), thence along said right-of-way line on the arc of a circle, curving to the right, having an arc length of 64.11 feet, and a radius of 225.00 feet, a chord direction of North 57 degrees 55 minutes 47 seconds West, and a chord distance of 63.90 feet, to a point along same; thence North 49 feet 46 minutes 00 seconds West, for a distance of 25.33 feet, to a point along same on the arc of a circle curving to the left, having an arc length of 46.39 feet, and a radius of 185.00 feet, a chord direction of North 56 degrees 57 minutes 04 seconds, West, and a chord distance of 46.27 feet, to a point and the place of BEGINNING Containing 31,573 sq. ft. (0.72 acres) BEING Lot No. K on the Preliminary/Final Subdivision Plan for The Estates at Cross Creek dated June 9, 2006, last Revised on July 28, 2006 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 93, Page 48. UNDER AND SUBJECT, nevertheless, to the requirement that the person or entity that builds the initial house on the property hereby conveyed selected by the Grantee, his, her or their heirs, successors and assigns, and approved by the Grantor, shall be obligated to pay a commission to Keller Williams of Central Pennsylvania equal to five percent (5%) of the total of (a) the purchase price of this lot, and (b) the fair market value of the initial house. The commission shall be payable upon completion of the construction of the initial house. This restriction shall be binding upon the Grantee, his, her and their heirs, successors and assigns until the initial house has been built and payment of the commission has been made. Upon such payment, this restriction shall thereafter be terminated and of no further force or effect, and Grantor shall, upon request of Grantee, execute and acknowledge such instrument or instruments as may be required to evidence the termination of this restriction. Notwithstanding anything to the contrary herein, this restriction and any commission due and payable in accordance with this restriction shall not constitute a lien or charge against the property or any interest therein. Stormwater drainage facilities shown hereon and located outside the public street right- of-way shall be owned and maintained by the owner of the lots on which they are located, and such facilities shall be permanent unless a revised stormwater management plan is approved by North Middleton Township. Should drainage facilities be altered as provided for above, the change shall not require the consent of other lot owners in the subdivision.