HomeMy WebLinkAbout06-1094
,
(OWNER)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 (. /0 f( 'I /ruf) 77::-
HAUBERT HOMES, INC.
VS.
HAUBERT HOMES, INC.,
lOT #59, MERRIMAC AVENUE, MECHANICSBURG
CUMBERLAND COUNTY, PENNSYLVANIA
(GENERAL CONTRACTOR)
STIPULATION AGAINST LIENS
WHEREAS, HAUBERT HOMES, INC., the OWNER of the real estate described below, has or is
about to execute a cortract with HAUBERT HOMES. INC. , whose principal business address is.
15 CENTRAL BOULEVARD. CAMP HILL, PA 17011 , to construct a single family dwelling
upon lands situate at lOT #59, MERRIMAC AVENUE, MECHANICSBURG, CUMBERLAND COUNTY,
PENNSYLVANIA, and more particularly bounded and described on Exhibit "A" attached hereto and made a
part hereof; and,
NOW, THEREF,ORE, this ;r-~ day of t;. G , 2006, before any authority had been given
by HAUBERT HOMES. INC. to commence work on said facilities, or purchase matenals
for same, in consideration of making of the above-described Contract with HAUBERT HOMES, INC.,
Owner, and in further consideration of One ($1.00) Dollar paid to the general contractor by HAUBERT
HOMES, INC., Owner, the receipt whereof is hereby acknowledged, it is agreed that no liens or claims shall
be filed or mainlained against the Owner's facilities and the land above-described, or upon HAUBERT
HOMES, INC., the Owner, by the general contractor, or any of its subcontractors, or by any of the
materialmen or workm.en, or any other person acting through or under them, for or on account of any labor,
or materials purchased, or extra labor or materials purchased for, towards, in or about the erection,
construction, design apd improvement of said facilities, under said contract or otherwise, the right to have,
file and maintain such liens or claims against the facilities, the land above-described, and HAUBERT
HOMES, INC., the Owner, being hereby expressly waived by the general contractor for itself, its
subcontractors, all materialmen, or workmen and other acting through or under them.
IN WITNESS WHEREOF, each of th~ies by ~ 9uly authorized representatives have hereunto
executed the Stipulation Against Liens this ayof e, V..1 , 2006.
WITNESS:
X);:CL~
'HAUBERT HOMES, INC.
ATTEST:
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HAUBERT HOMES, INC.
General Contractor
EXHIBIT "A"
ALL THAT CERTAIN lot of land situate in the Township of Upper
Allen, County of Cumberland aild Commonwealth of Pennsylvania, bounded and
desc!'ibed as follows, in accordance to a Final Subdivision Plan for Creekstone
Manor (formerly known as Trout Run), Phases n & ill, dated January 1, 1996,
prepared by Hartman & Associates, Inc., and recorded in Plan Book 76, Page 133,
as follows, to wit:
BEGINNING at a point on the northern right of way line of Merrimac
Avenue (50-foot right of way) and the southeastern comer of Lot No. 60 on the
above-mentioned Plan of Lots; thence along the eastern line of Lot No. 60, North
47 degrees 16 minutes 20 seconds East, a distance of125.00 feetto a point at the
northeastern comer of Lot No. 60, the southeastern comer of Lot No. 68 and the
southwesterri:>corner of Lot No. 69; thence along the southern line of Lot No. 69,
South 42 degrees 43 minutes 40 seconds East, a distance of 85.00 feet to a point at
the southeastern corner of Lot No. 69, the southwestern corner of Lot No. 70 and
the l1orthwes!tem comer of Lot No. 58; thence along the western line of Lot No.
58, South 471 degrees 16 minutes 20 seconds West, a distance of 125.00 feet to a
point at the southwestern corner of Lot No. 58 and the northern right of way line
of MelTirnacf Avenue; thence along Merrimac Avenue, North 42 degrees 43
minutes 40 seconds West, a distance of 85.00 feet to a point, the point and place of
BEGINNINC.
,
CONTAINING 10,625.00 square feet or 0.243 acre.
AND 'the said Grantee, its successors and assigns, as a part of the
consideratior}' herein, does hereby agree and covenant with the said Grantors, its
successors and assigns, and with each and every other purchaser of any lot or lots
in the Trout'Run Subdivision of the Township of Upper Allen as shown by plat,
recorded in Plan Book 70, Page 137, in the Recorder's Office of the County of
Cumbcrland,>Comnionwealth of Pennsylvania, for the faithful performance of the
following co~ditions, to wit:
That they will not dredge, dump, fill, drain, spray, mow, discharge,
degrade, remove earth, rocks, wood, or vegetation therefrom, operate
vehicles of any kind thereon, or otherwise impair, affect, or Blter
from its pristine state, that area ofland described as Lots Nos. 79 and
8] as pepicted on the aforesaid plan. .
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IT is understood, covenanted, and agreed that each and every purchaser of
Lots Nos. 1 .through 78, and 80 in said subdivision, his successors and assigns,
shall be given a deed by the Grantors, containing these same covenants and
conditions; each Grantee covenanting and agreeing with each and every other
purchaser ov. lots in this su1>cJiyision, and with the Grantorsherein~ tllat said
Grantee will. faithfully observe and perform the aforesaid covenants and
agreements; and each and every purchaser of a Lot in said subdiVision, including .
but not limited to, the Grantee of Lots Nos. 79 and 81, and their successors and
assigns, is g~en the right to enforce by any legal means the performance of said
covenants and agreements by each and every said purchaser in said subdivision,
and their successors and assigns.
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BEING Lot No. 59 on the above-mentioned Plan of Lots.
....
,
UNDER AND SUBJECT, NEVERTHELESS, to all easements,
restrictions, encumbrances and other matters of record or that which a physical
inspection orJsurvey of the premises would reveal.
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