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HomeMy WebLinkAbout13-1570 STIPULATION AGAINST LIENS Brent R. George and Kelly O. George, IN THE COURT OF COMMON PLEAS, Owner Cumberland COUNTY, PENNSYLVANIA,, r N t Q:�; cn Tiday Property Management, LLC, NO. 16 ?O fil(L Contractor WHEREAS, Brent R. George and Kelly O. George of 6215 Charing Cross, Mechanicsburg, PA 17050, is about to execute contemporaneously herewith, a contract, with Tiday Property Management, LLC of 2 W. Mulberry Hill Road, Carlisle, PA, for the erection of a building upon premises commonly known as 1231 Summit Way, Township of Hampden, Cumberland County, Pennsylvania, as set forth in the deed dated 01/10/07, recorded at Deed Book 278, Page 2711 (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, March 22, 2013, 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 materialmen 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 AND SEALED IN THE PRESENCE OF: CONTRACTOR: Tiday Proper y Management, LLC By: Ja S. Tiday, Member OWNER: rg�TR. George Ily O. eorge O P at/ / c+�s cal 2 3 SAW 2c 2 EXHIBIT "A" ALL THAT CERTAIN Unit, being Unit No. 71 (the "Unit "), of Hampden Summit, A Planned Community (the "Community "), such Community being located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Covenants and Restrictions for Hampden Summit, A Planned Community and Declaration Plats, as amended (collectively the "Declaration "), together with any and all improvements thereto, as more particularly bound and described as follows, to wit: BEGINNING at a point on the easterly right -of -way line of Summit Way, said point being the northwesterly corner of Lot 71; thence North 56 degrees 59 minutes 49 seconds East, a distance of 142.51 feet to a point; thence South 29 degrees 59 minutes 15 seconds East, a distance of 110.3 5 feet to a point: thence South 55 degrees 26 minutes 01 seconds West, a distance of 133.80 feet to a point; thence North 34 degrees 33 minutes 59 seconds West, a distance of 102.70 feet to a point; thence on a curve to the right having a radius of 410.00 feet, an arc length of 11.19 feet, on a chord bearing of North 33 degrees 47 minutes 05 seconds West and a chord distance of l l .19 feet to a point and the place of BEGINNING. BEING Lot 71 as shown on the plan entitled, "Final Subdivision Plan for Hampden Summit Phase 3 ", prepared by R.J. Fisher and Associates, Inc., dated June 23, 2005 and last revised on August 30, 2005 and recorded on November 17, 2005 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 91, Page 101. Subject to an existing 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.