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HomeMy WebLinkAbout12-4415STIPULATION AGAINST LIENS Mohammad Javaid Arshad and Raiha Gul, Owner V. Classic Communities Corporation, Q IN THE COURT OF COMMON *A? Cumberland COUNTY, <> vn PENNSYLVANIA c NO. 10? • qA11 Mme ' Contractor ..j i Yl. vas d°P? ?4; 54,* 4, tAuc f (-r,k II i-i Vy 2- 3 705&- WHEREAS, Mohammad Javaid Arshad and Raiha Gul of 8139 Molly Pitcher Highway, Apt. E, Shippensburg, PA 17257, is about to execute contemporaneously herewith, a contract, with Classic Communities Corporation of 2151 Linglestown Rd., Harrisburg, PA, for the erection of a building upon premises commonly known as 1412 Summit Way, Township of Hampden, Cumberland County, Pennsylvania, as set forth in the deed dated 07/10/08, recorded at Instrument Number 200824594 (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, July 5, 2012, 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 in consideration of the making of the said contract with Contractor and the further consideration of One Dollar ($1.00), to contractor paid by Owner, it is agreed that no lien shall be filed against the building by the Contractor, or any subcontractor, nor by any of the matedalmen 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 being expressly waived. WITNESS, our hands and seals the day and year aforesaid. SIGNED N SEAT ED IN E PRESENCE OF: OWNER: P Moham d Javaid Arshad c? Raiha Gul CONTRACTOR: CLASSIC COMMUNITIES CORPOR T Y. k .4 l ? EXHIBIT "A" ALL THAT CERTAIN tract of land situated in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Summit Way, said point being the southern corner of Lot 27; thence North 22 degrees 13 minutes 55 seconds West, a distance of 160.26 feet to a point at the western corner of Lot 27 and the southern line of lands now or formerly of Bunker Hills Homeowners Association; thence along the southern line of Bunker Hills Homeowners Association, South 74 degrees 31 minutes 45 seconds West, a distance of 111.22 feet to a point at the northern corner of Lot 25; thence along the eastern line of Lot 25, South 23 degrees 57 minutes 28 seconds East, a distance of 173.55 feet to a point on the northern right-of-way line of Summit Way; thence along Summit Way by a curve to the right having a radius of 460.00 feet and an arc length of 10.23 feet to a point; thence continuing along the same, North 67 degrees 46 minutes 05 seconds East, a distance of 95.00 feet to a point, the point and place of BEGINNING. CONTAINING 17,971 sq. ft. (0.41 acre) having an address of 1412 Summit Way, Mechanicsburg, Pennsylvania 17050. BEING Lot 26 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 4", prepared by R.J. Fisher and Associates, Inc., recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 94, Page 52. UNDER AND SUBJECT to an existing Storm/Sanitary Sewer Easement as shown on above referenced plan. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. ALSO UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto; to any and all covenants, conditions, rights-of-way; and to matters of record or that which a physical inspection or survey of the Unit and Common Elements would disclose. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this deed, 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 Hampden Summit Homeowners Association in accordance with the Pennsylvania Uniform Planned Community Act, 68 Pa. C. S. §5101 et. Seq. (the "Act"), and further covenants and agrees that the Unit 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 Unit hereby conveyed and all subsequent owners thereof.