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HomeMy WebLinkAbout13-2021 STIPULATION AGAINST LIENS n � Matthew S. Daly and Audrey J. Daly, IN THE COURT OF COMMON PLEA,5z' E Owner Cumberland COUNTY, zM � ri— r -- PENNSYLVANIA w — � v. < ° ,\ p ti�a Tiday Property Management, LLC, NO. 13 ,2d ,21 0 �� 5� Z G? r 7 Contractor ° .. WHEREAS, Matthew S. Daly and Audrey J. Daly of 611 Georgian Place, Harrisburg, PA 17111, 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 31 Balfour Drive, Township of Silver Spring, Cumberland County, Pennsylvania, as set forth in the deed dated 04/14/04, recorded at Deed Book 262, Page 2572 (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, April 12, 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: CONTRA CTO Tiday Pro rty Management, LLC By; son S. Tiday, Member OWNER: Matthew S. Daly Audrey 'D ly $aV.00��/�o�z1 EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the western right -of -way line of Balfour Drive (50- foot right -of -way) at the southeast corner of Lot 81 on the hereinafter referenced plan; thence along the southern line of Lot 81, South 88 degrees 24 minutes 17 seconds West, a distance of 284.59 feet to a point along the Conodoguinet Creek; thence along said creek, South 01 degree 35 minutes 43 seconds East, a distance of 42.61 feet to a point; thence continuing along the same, South 11 degrees 25 minutes 43 seconds East, a distance of 58.05 feet to a point being the northwest corner of Lot 79 of Phase III Millfording Highlands; thence along the northern line of Lot 79, North 88 degrees 23 minutes 59 seconds East, a distance of 268.19 feet to a point being the northeast corner of Lot 79 of Phase III Millfording Highlands and a point along Balfour Drive; thence along Balfour Drive, North 02 degrees 07 minutes 37 seconds East, a distance of 100.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 80 on the Final Subdivision Plan of Millfording Highlands, Phase IV, recorded July 20, 2012, in the Cumberland County Recorder of Deeds Office in Instrument Number 201221674 ALSO BEING that certain Unit, being Unit No. .80 (the "Unit "), of Millfording Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and Restrictions for Millfording Highlands, a Planned Community (the "Declaration ") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Instrument Number 200730960, together with any and all amendments thereto. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by executing this deed herein below, 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 Millfording Highlands 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 Units 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 Units hereby conveyed and all subsequent owners thereof. Grantees, by executing this Deed herein below, acknowledge that the residential community known as Millfording Highlands located along Millfording Road adjoins a quarry operation presently operated by Pennsy Supply. Furthermore, Grantees on their behalf as well as their heirs and assigns, specifically waive any rights they may have to oppose any aspect of the said quarry operation so long as it complies with federal, state and local laws as they affect and govern the operation of a stone quarry. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration, and all amendments thereto, all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal.