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Home My WebLink About12-3227 Christopher M. Bado and Barbara L. Bado Owner Claypool Tiday LLC STIPULATION AGAINST LIENS In the Court of Common Pleas of Cumberland County, Pennsylvania Contractor Docket Number Page Number M ?_J Tenn 2012 Whereas, CHRISTOPHER M. BADO AND BARBARA L. BADO, hereinafter called the "Owners." are about to execute contemporaneously with CLAYPOOL TIDAY LLC of hereinafter called the "Contractor," a contract for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground l-no..°n as 2 Cherry Blossom Court, Carlisle, PA 17013Middlesex Township. Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Christopher M- Bado and Barbara L. Bado are the title holders of record, as more particularly described in Instrument Number 201210998 ; and Now, May 15, 2012, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the Owners to the Contractor to commence work on said building or improvement, to purchase materials for the same, it is hereby stipulated and agreed by and between said parties as part of said contract and for the consideration therein 0LVVA%9Lj,00 p8 0k1+ -7oa97+7o?a-b 12#a-7 ssto0 set forth, neither the undersigned Contractor. any Sub-contractor or materialman. nor any other person furnishing labor or materials to the said Contractor under the contract entered into between said parties, shall file a lien for work done or material furnished to said building, improvements or any part thereof. This stipulation is made and. intended to be filed with the Prothonotary within 10 days after date in accordance with the requirements of the Act of August 24, 1961. P.L. 497, as amended. In witness whereof, the said parties have hereunto set their hands and seal the day and year aforesaid. Signed? end sealed in the..presence of: Christopher M. Bado 107 Barbara L. Bado CLAYPOOL TIDAY LLC Bv: File No. 12-0540GC ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 134, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase VII," dated April 10, 2008 by PennTerra Engineering, Inc., State College, PA, recorded January 25, 2010 as Instrument Number 201 002071. bounded and described as follows: BEGINNING at an iron pin being a northerly corner of Lot 133 and lying in an easterly right of way line of Cherry Blossom Court (50' right of way; 60' radius cul-de-sac); thence, along said right of way along a curve to the left having a chord bearing of N 31 ° 03' 20" E, a chord distance of 6028 feet, a radius of 60.00 feet, and an are length of 63.16 feet to an iron pin lying along said right of way and being a southerly corner of Lot 135; thence, along said lot S 89° 06' 00" E 215.43 feet to an iron pin being an easterly corner of said lot and lying in a westerly line of lands owned now or formerly by EDLU Corp. (Tax Parcel 21-6-19-06; D.B. 20-E, Page 306); thence, along said lands S 00° 54' 00" W 296.80 feet to an iron pin lying along said lands and being a northeasterly corner of Open Space; thence along said Open Space N 89° 06' 00" W 106.22 feet to an iron pin lying along said Open Space and being an easterly corner of Lot No. 133; thence, along Lot 133 N 28° 47' 19" W 281.64 feet to an iron pin, being the place of beginning, contains 1.257 acres. Lot 134 is subject to a 10' wide utility and sidewalk easement along its street frontage. one half of a 20' wide drainage easement along its northerly boundary, and a wetland conservation easement along its easterly and southerly boundaries. UNDER AND SUBJECT, NEVERTHELESS, to: (1) Planned Community Declaration for Meadowbrook Farms dated February 2.. 1998, and recorded February 3, 1998, in Cumberland County Miscellaneous Book 567. Page 1090. (2) First Amendment to Planned Community Declaration for Meadowbrook Farms - Phase II dated August 6, 1999, and recorded August 17, 1999 in Cumberland County Miscellaneous Book 622, Page 475, and 3) Second Amendment to Planned Community Declaration for Meadowbrook Farms dated April 19, 2000, and recorded April 24, 2000, in Cumberland County Miscellaneous Book 642, Page 967. (4) Third Amendment to Planned Community Declaration for Meadowbrook Farms - Phase 111. dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Misc. Book 701, Page 1585. (5) Assignment of Special Declarant Rights and Agreement - Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Miscellaneous Book 701, Page 1587. (6) Fourth Amendment to the Planned Declaration for Meadowbrook Farms -- Phase IV, dated August 4, 2005 and recorded August 8, 2005 in Miscellaneous Book 719, Page 3863. (7) Fifth Amendment to the Planned Declaration for Meadowbrook Farms - Phase V, dated February 24, 2006 and recorded March 1, 2006 in Miscellaneous Book 725, Page 844. (8) Sixth Amendment to the Planned Declaration for Meadowbrook Farms - Phase VI, dated December 12, 2006 and recorded January 5, 2007 in Miscellaneous Book 733, Page 1457. (9) Seventh Amendment to the Planned Declaration for Meadowbrook Farms -- Phase VII, dated January 5, 2010 and recorded January 25, 2010 as Instrument No. 201002075. UNDER AND SUBJECT, NEVERTHELESS, to the requirement that the builder of the initial house built on the property hereby conveyed, to be selected by Grantee. shall be a builder approved by Grantor; further, the plans and specifications for the initial house built on the property hereby conveyed shall be submitted by Grantee to Grantor for approval. This restriction shall be binding on the successors and assigns of Grantee until the initial house has been built. Upon such approvals, 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 contained herein, this restriction shall not constitute a lien or charge against the property or any interest in it. UNDER AND SUBJECT, NEVERTHELESS, to the requirements that the person(s) or entity that builds the initial house on the property conveyed, as 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 PA equal to five percent (5%) of all cash invested in the combined purchase of the house and lot. The commission shall be payable upon completion of the construction of the initial house and at the time of issuance of a Certificate of Occupancy by the Township. 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 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 the 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 herein.