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Home My WebLink About14-0952 F f1 ECG - t FFIC;i THE PROTHONTUL 2Ql4 FEB. 18 RM h: 1 PREPARED BY AND RETURN TO: CUMBERLAND COUNTY Craig I. Adler, Esquire. PiNSYL1lAPdIA CAPOZZI ADLER, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, Pennsylvania 17011 (717) 234 -3289 PARCEL NO.: 21 -06- 0019 -081 Robert J. Jensen. and Katie'Sullivan- ) IN THE COURT OF COMMON PLEAS Jensen, husband and wife CUMBERLAND COUNTY, PENNSYLVANIA Owners ) V. Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership ) NO. y' �� ' . Contractor STIPULATION AGAINST LIENS WHEREAS, Robert J. Jensen and Katie Sullivan- Jensen of Pennsylvania, is about to execute contemporaneously herewith, a contract with Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership of Cumberland County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN tract of land situated in Middlesex Township, Cumberland County, PA, being Lot 137, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan Phase VIP', dated April 10, 2008, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin being a westerly corner of Lot 136 and lying in an easterly R/W line of Bellwood Court (50' R/W); thence, along said R/W the following three bearings and distances: along a curve to the left having a chord bearing of N 19° 29'21 " W, a chord distance of 46.40 feet, a radius of 225.00 feet, and an arc length of 46.48 feet to an iron pin; thence, N 25° 24' 25 W 35.07 feet to an iron pin; thence, along a curve to the right having a chord bearing of N 15° 29' 11" E, a chord distance of 32.73 feet, a radius of 25.00 feet, and an arc length of 35.69 feet to an iron pin being a northerly.corner of said R/W and lying in a southerly R/W line of Country Side Drive (50' R/W); thence, along Country Side Drive (50'R/ along a curve to the left having a chord bearing of N 46° 57'38" E, a chord distance of 106.38 feet, a radius of 325.00 feet, and an arc length of 106.86 feet to an iron pin lying along said R/W and being a westerly corner of proposed Lot 13 8 (Future Phase X); thence, along proposed Lot 138 (Future Phase X) S 52° 27'33" E 207.38 feet to an iron pin lying along said lot and being a common corner of Lot 135 and of Lot 136; thence, along Lot 136 S 76° 25'43' W 226.73 feet to an iron pin, being the place of beginning, containing 0.546 acres. Lot 137 is subject to a 10' wide utility & sidewalk easement along its street frontages. UNDER AND SUBJECT, NEVERTHELESS, to: 1) Planned Community Declaration for Meadowbrook Farms dated February 2,1998, and recorded February 3, 1998, in Cumberland County Miscellaneous Book 567, Page 1090, 2) First Amendment to Planned Community Declaration for Meadowbrook Farms - Phase I1 dated August 6, 1999, and recorded August 17, 1999 in Cumberland County Miscellaneous Book 622, Page 475, and 3) First Amendment to Planned Community Declaration for Meadowbrook Farms dated April 19, 2000, and recorded April 24, 2000, in Cumberland County Miscellaneous Book 642, Page 967. 4) Third Amendment to Planned Community Declaration for Meadowbrook Farms - Phase III, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Miscellaneous Book 701, Page 1585. 5) Assignment of Special Declarant Rights andAgreement - Phase 1II, dated August 21, 2003 and recorded September 5, 2003 in Cumberland County Miscellaneous Book 701, Page 1587. 6) Fourth Amendment to the Planned Declaration for Meadowbrook Farms - Phase IV, dated August 4; 2005 and recorded August 8, 2005 in Miscellaneous Book 719, Page 3863. 7) Fifth Amendment to the Planned Declaration for Meadowbrook Farms - Phase V, dated February 24, 2006 and recorded March 1, 2006 in Miscellaneous Book 725, Page 844. 8) Sixth Amendment to the Planned Declaration for Meadowbrook Farms - Phase VI, dated December 12, 2006 and recorded January 5, 2007 in Miscellaneous Book 733., Page 1457. 9) Seventh Amendment to the Planned Declaration for Meadowbrook - Phase VII, dated, dated January 5, 2010 and recorded January 25, 2010 as Instrument No. 201002075. 2 - ti UNDER AND SUBJECT, NEVERTHELESS, to the requirement that the builder of the initial house built on the property hereby conveyed, to be selected by Grantee, shall be a builder approved by Grantor; further, the'plans and specifications for the initial house built on the property hereby conveyed shall be submitted by Grantee to Grantor for approval. This restriction shall be binding on the successors and assigns of Grantee until the initial house has been built. Upon such approvals, this restriction shall thereafter be terminated and of no further force or effect, and Grantor shall, upon request of Grantee execute and acknowledge such instrument or instruments as may be required to evidence the termination of this restriction. Notwithstanding anything to the contrary contained herein, this restriction shall not constitute a lien or charge against the property or any interest in it. BEING THE SAME PREMISES WHICH Pamay Development Co., Inc., a Pennsylvania Corporation, by deed dated August 12, 2013 and recorded October 15, 2013 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No.: 201327117, granted and conveyed unto Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership. ALSO BEING THE SAME PREMISES which Beracah Builders, LLP, a Pennsylvania Limited Liability General Partner h* Claypool III - Tiday, LLC a Pennsylvania Limited Liability Company, by deed dated the of February, 2014 and to be recorded simultaneously herewith, granted and conveyed unto Robert J. Jensen and Katie Sullivan - Jensen, husband and wife, MORTGAGORS herein. NOW, the �_ day of February; 2014, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Robert J. Jensen and Katie Sullivan - Jensen to the said Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership and the further consideration of One Dollar, to Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership paid by Robert J. Jensen and Katie Sullivan- Jensen it is agreed that no lien shall be filed against the building by the contractor, or any sub- contractor, nor by any of the material men 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. 3 - r 4 WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED OWNER: IN THE PRESENCE OF Robe J. Jens PV r Katie Sullivan -Jense CONTRACTOR: Beracah Builders, LLP, a Pennsylvania Limited Liability General Partnership BY: SCOTT A. MILL AN, MEMBER - 4 -