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HomeMy WebLinkAbout13-1209-~13- I ~~l ~~D STIPULATION AGAINST LIENS This agreement made this 28th DAY OF February, 2013 by and between GARMAN BUILDERS, INC. hereinafter referred to as CONTRACTOR and, DAVID E. FREY and GILLIAN K. FREY, 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: 952 NORLAND STREET, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Tax Account No. 42-10-0256-382 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: GARMAN BUILDERS, INC. Its: Owners: DAVID REY ~, L AN K. FRE r.! ldflQ~ ll'dy~~~3Wi ~~ ~ ~ 3~ ~£ Ind '1- ~~W ~I~~ ~" °'~ . ~1.., r ~ F ~.~ a~~a~ EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 40 (the "Unit"). Of Orchard Glen, A Planned Community (the "Community"), such Community being located in Upper Allen and Lower Allen Townships, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Orchard Glen, A Planned Community (the "Declaration") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Cumberland County Recorder of Deeds as Instrument No. 201121261, together with any and all amendments thereto. TOGETHER with the undivided Allocated Interest appurtenant to the Unit as more particularly set forth in the aforesaid Declaration, as last amended. TOGETHER with the right to use Limited Common Elements appurtenant to the Unit being conveyed herein, if any, pursuant to the Declaration and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration, the Declaration of Covenants, Conditions and Easements for Orchard Glen, A Planned Residential Development recorded in the Office of the Cumberland County Recorder of Deeds as Instrument No. 20 1 1 2 1 260, the Declaration of Master Association for Orchard Glen, A Planned Residential Development, recorded in the Office of the Cumberland County Recorder Of Deeds as Instrument No. 201121259, and to any and all other covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office; and to matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING part of the same premises which Patsy Hertzler, as executrix of the Estate of Dale B. Failor, Deceased, by Deed dated July 5, 2007, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 280, Page 4820, granted and conveyed unto McNaughton Properties, L.P., a Pennsylvania limited partnership, Grantor herein. AND BEING PART OF THE SAME PREMISES which MidPenn Estates conveyed unto McNaughton Properties LP, by quit-claim deed dated December 19, 2011 and recorded January 12, 2012, in the Recorder's Office in and for Cumberland County, PA in Instrument #201201181.