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HomeMy WebLinkAbout13-0241~a - a v~ rn~,l~ STIPULATION AGAINST LIENS This agreement made this 3rd DAY OF January, 2013 by and between LANDMARK BUILDERS, INC. D/B/A LANDMARK HOMES hereinafter referred to as CONTRACTOR and, STEVEN E. ERICKSON and COLEEN S. ERICKSON, hereinafter referred to as OWNERS. Whereby, the Contractor has agreed to complete the improvements to a single family dwelling, providing all the materials and labor, for the Owner, upon the following lot or tract of land of the Owner: STONE RUN DRIVE, WALNUT POINT LOT#84 SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Tax Account No. 38-08-0565-187 Now this indenture witnesseth, that it is hereby covenanted and agreed by and between the parties hereto that the Contractor shall not file nor will the Contractor permit nor suffer any subcontractor, material men, mechanics or other person or persons under the Contractor or employed by the Contractor to file, nor shall any subcontractor, material men, or any other person or persons file any mechanics, or other lien or liens, claims or claims for work done and materials furnished, or either of them in or under the performance of the said agreement between the parties for the construction of the said improvements, against the ground or premises upon which the Contractor is about to construct the said improvements or against any structure or property whatsoever covered by the said agreement between the parties hereto. And the Contractor, hereby certifies, covenants and agrees that no materials have been furnished, nor has any labor been performed, nor have any building operations been started, under the said agreement between the parties hereto. In Witness whereof, these presents have been executed under seal the day and year first above written. Contractor: LANDMARK BUILDERS, INC. D/B/A LANDMARK H ES y: SHANNON IS Its: Agent Owners: .~ >-- ;; ~~ ~' ~ `~ STEVEN E. ERICKSON ~~~ ~ ~Q z ,~ ~ ~ ~ ca Q °~ ~ COLEEN S. ERICKSON t ~ ~~ ~ ~. ~ Q} ~~ ~ayod~~ -~ ~ -.. ~ ~ ~~ .~.~,~ :~. ~ ~~ ~ ~K~ l6~'~ ~~a 53.5 STIPULATION AGAINST LIENS This agreement made this 3rd DAY OF January, 2013 by and between LANDMARK BUILDERS, INC. DB/A LANDMARK HOMES hereinafter referred to as CONTRACTOR and, STEVEN E. ERICKSON and COLEEN S. ERICKSON, hereinafter referred to as OWNERS. Whereby, the Contractor has agreed to complete the improvements to a single family dwelling, providing all the materials and labor, for the Owner, upon the following lot or tract of land of the Owner: STONE RUN DRIVE, WALNUT POINT LOT#84 SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Tax Account No. 38-08-0565-187 Now this indenture wirnesseth, that it is hereby covenanted and agreed by and between the parties hereto that the Contractor shall not file nor will the Contractor permit nor suffer any subcontractor, material men, mechanics or other person or persons under the Contractor or employed by the Contractor to file, nor shall any subcontractor, material men, or any other person or persons file any mechanics, or other lien or liens, claims or claims for work done and materials furnished, or either of them in or under the performance of the said agreement between the parties for the construction of the said improvements, against the ground or premises upon which the Contractor is about to construct the said improvements or against any structure or property whatsoever covered by the said agreement between the parties hereto. And the Contractor, hereby certifies, covenants and agrees that no materials have been furnished, nor has any labor been performed, nor have any building operations been started, under the said agreement between the parties hereto. In Witness whereof, these presents have been executed under seal the day and year first above written. Contractor: LANDMARK BUILDERS, INC. DB/A LANDMARK HOMES By: SHANNON POPOLIS Its: Agent Owners: ERICKSON S. ERICKSON EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land, located in Silver Spring 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 Stone Run Drive, said point being located North fifty-five degrees, thirty-three minutes, thirty seconds West (N 55 33' 30" W), a distance of eighty feet (80.00') from the terminus of a curve connecting the western right-of--way line of Monarch Lane with the northern right-of--way line of Stone Run Drive; thence from the said point of Beginning by the northern right-of--way line of Stone Run Drive North fifty-five degrees, thirty-three minutes, thirty seconds West (N 55 33' 30" W), a distance of one hundred feet (100.00') to a point; thence by the line of Lot No. 83, North thirty-four degrees, twenty-six minutes, thirty seconds East (N 34 26' 30" E), a distance of one hundred fifty feet (150.00') to a point; thence by land now or late of Ralph S. and Connie L. Starner, South fifty-five degrees, thirty-three minutes, thirty seconds East (S 55 33'30" E), a distance of one hundred feet (100.00') to a point; thence by Lot No. 85, South thirty-four degrees, twenty-six minutes, thirty seconds West (S 34 26' 30" W), a distance of one hundred fifty feet (150.00') to a point, the place of BEGINNING. CONTAINING 15,000.00 square feet or 0.3444 acres. BEING known and numbered as Stone Run Drive, Mechanicsburg, Pennsylvania BEING ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as 'Walnut Point Phase III, a Planned Community," located in Silver Spring Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §§ 5101 et seq., as amended by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Walnut Point Phase III, a Planned Community, a Residential Planned Community ("Declaration"), dated July 27, 2007, recorded July 31, 2007, in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 738, Page 4728, and designated in such Declaration as Lot No. 84 (Identifying Number), described in Section 2.2 of the Declaration, and shown (and described) in Exhibit B of the Declaration. Walnut Point Phase III, a Planned Community, pursuant to the Third Amendment and Restatement of Declaration for Walnut Point, a Flexible Planned Community, dated November 4, 2011 and recorded February 22, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania to Instrument Number 201205294, merged with Walnut Point, the Surviving Community. BEING Lot No. 84, Final Subdivision Plan for Walnut Point Phase III dated May 9, 2005, last revised August 3, 2006, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 93, Page 73. BEING PART OF THE SAME PREMISES which Lloyd J. Edris and Shirley M. Edris, husband and wife, by their Deed, dated Apri126, 1996, recorded May 1, 1996, in the Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Deed Book 138, Page 518, granted and conveyed unto Harold D. Stoner and Marilyn L. Stoner, husband and wife, Grantor herein. UNDER AND SUBJECT to restrictions and covenants of record, including, but not limited to Declaration for Walnut Point Phase III, a Planned Community, a Residential Planned Community ("Declaration"), dated July 27, 2007, recorded July 31, 2007, in the Office of the Recorder of Deeds of Cumberland County Miscellaneous Book 738, Page 4728, as amended and restated by Merger by the Third Amendment and Restatement of Declaration for Walnut Point dated November 4, 2011 and recorded February 22, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania to Instrument Number 201205294, and under and subject to easements and rights-of--way of record, including but not limited to, a ten (10') foot drainage easement parallel to and abutting the western boundary line and a twenty (20') foot drainage easement parallel to and abutting the northern boundary line of the premises, as shown on the above referenced Exhibit B of the Declaration for Walnut Point Phase III.