HomeMy WebLinkAbout12-6636. ~ 4 r .
I r .. .
I ~, :_,
.,. ~. d
,__
~' J ~., i1 <<,
~'~ ~. ,
' ~';~:
-~ ._~ ,~
STIPULATION AGAINST LIENS
James J. Stevens and Donna E. Stevens
Chvner
Hoffman's Custom Contracting, Inc.
Contractor
In the Court of Common Pleas of
Cumberland County, Pennsylvania
\Y `~
Docket Number , ~ - ~~ Term 2012
Page Number
Whereas, Hoffman's Custom Contracting, Inc;. ("Contractor") of ~S Chelsea Lane,
Carlisle, PA 17015 ,has entered into a contract with James J. Stevens and Donna E. Stevens
("Owners") of 12 Keswick Lane, Lot 50, Carlisle, PA 17015, for the erection or construction of a
SINGLE FAMILY DWELLING upon the lot of ground known as 12 Keswick Lane. Lot 50,
South Middleton 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.
aC~~ aaa~
~~a8a~lo~
Naw 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.
end 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 anv 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 afi~resaid.
~~gn and sealed in the ence of:
~,
~ _ ~ _/
f ~ ` Ja es J. Ste s ~ "~
Donna E. Stevens
HOFFMAN'S CUSTOM CONTRACTING,
INC.
-. ~~%`
By: i~L~ r''r /,l
Timdthy D HofPjtnan
File No. 12-1551GC
ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County,
Pennsylvania, bounded and described according to the Final Subdivision Plan Ior Phase Number
Two -The Plan of Netherby -prepared by Dawood Associates dated Apri124, 2005. and revised
through April 13, 2007, and recorded in Cumberland County, Pennsylvania Plan Book 94, Page
39, as follows, to wit:
BEGINNING at a point on the right-of--way line of Keswick Lane, shown as Langley Lane on the
above Plan, (50' ROW) at the northeastern corner of Lot No. 51 on the above Plan; thence along
said Lot No. 51, North $7 degrees 19 minutes 50 seconds West 221.64 feet to a point; thence
along land now or formerly of Harry Whistler, Jr. and Betty Jane Whistler, North. OS degrees 50
minutes 07 seconds East 79.59 feet to a point; thence along Lot No. 49 on the above Plan, North
89 degrees 14 minutes 19 seconds East 215.52 feet to a point on said Keswick Lane; thence
along the dedicated right-of--way of said Keswick Lane the following two courses and distances:
1) on a curve to the right having a radius of 1175.87 feet, an arc length of 70.41 feet and a
bearing of South 00 degrees 57 minutes 14 seconds West 7G.40 feet to a point; and 2) South 02
degrees 40 minutes 10 seconds West 2.2.00 feet to a point, the point and place of BEGINNING.
BEING Lot No. 50 on the Final Subdivision Plan for Phase Number Two -The Plan of Netherby
and containing 18,805.0 square feet.
BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl by their Deed
dated December 4, 2009, and recorded December 10, 2009, in Cumberland County, Pennsylvania
at Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E.
Diehl. Grantors herein.
UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions,
restrictions, notations and agreements affecting the property, visible or of record.
UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions
which shall be binding on the lots conveyed hereunder and shall not be deemed binding on other
lots retained or sold by Grantors in the future, which building and use restrictions the Grantee, its
successors and assigns, by acceptance of this deed, agree to comply:
l . No dwelling house shall be erected, placed or altered on any lot until the proposed
building and the building plans and specifications have been approved in writing by
Raymond E. Diehl and Donald E. Diehl, (hereinafter referred to as "Owners'') or their
designee whom they may appoint in writing frorr~ time to time, or their successors or
assigns (any or all of whom shall be hereafter referred to as the"Approving Party"'). The
Approving Party may, upon any reasonable grounds, including but not. limited to purely
aesthetic reasons, as determined by the personal judgment of the Approving Party in its
sole and unlimited discretion deny approval of any builder or building plans. No
alterations in the exterior appearance of any dwelling house shall be made without
approval of the said Approving Party, which shall not be unreasonably withheld. One (1)
copy of all plans and specifications including the identity of the builder shall be furnished
to the Approving Party for its records. In the event that the Approving Party fails to
approve or reject in writing any builder and/or plans submitted under this paragraph
within thirty(30) days of said submission date, which shall be noted in writing by the
Approving Party on a set of plans to be retained by the submitting party, said builder
and/or plans shall be deemed to be approved and construction may be carried out in
accordance with them, but subject, nevertheless, to all other Protective Covenants,
Reservations and Restrictions contained herein. It is specifically noted that bi-level
residences will not be approved.
2. All lots shall be used for residential purposes only, subject however to the right of
the Approving Party to allow a "home occupation" to be conducted on the premises, as
defined by and consistent with the Zoning Ordinance of South Middleton Township. No
business (except said home occupations), commercial or industrial uses whatsoever shall
be permitted on any lot.
3. No trailer, mobile home, or similar structure may be located on any lot.
temporarily or permanently, for any use whatsoever.
•I No basement, garage, vehicle or structure of a temporary character shall be
maintained or erected within said subdivision and used as a residence or living quarters
either temporarily or permanently.
5. No advertising or display sign (except an approved "home occupation" sign as
permitted by South Middleton Township) shall be erected, placed or maintained within
the said subdivision other than the customary "F'or Rent" and "For Sale" signs when the
same pertain to the premises on which they are c;rected.
6. The construction or erection of any building or other structure must he completed
within one (1) year after the commencement thereof, except where APPROVING
PARTY grants in writing an extension of time fir completion. Sidewalks must be
constructed by the lot owner as required by South Middleton Township ,and as shown on
Phase ]number Two -The Plan for Netherby.
7. A11 houses constructed within Phase Number Two -The Plan for Netherby
shall contain minimum living areas as follows: Two-story dwellings - 2„000 square feet;
Cape Cod-style dwellings - 1,800 square feet; and ranch-style dwellings -- l.,?00 square
feet. Each house, regardless of style, shall be built with an attached two-car garage, but
the area of said garage shall not be included in computing minimum living area
Hereunder.
~. Certain lots in Phase Number Two -The Plan for Netherby are subject to On Lot
Drainage Easements to facilitate continuity in storm water runoff flows between
individual building lots and detailed in the Final Subdivision Plan of Netherby. The
construction or placement of any building, accessory building, fence or other structure
and the planting of trees or shrubbery within any such drainage easement is prohibited.
The lot owner shall be responsible for maintenance of the easement to assure that the
storm water management plan in Phase Number Two -The Plan for Netherby is not
obstructed in any way.
~~. Nothing shall be done within the subdivision of Netherby which may be or
become an annoyance or nuisance to the neighborhood. It shall specifically be the
responsibility of each lot owner to prevent the development of any unclean, unsightly or