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Home My WebLink About06-1910 .. , (?? /?)/CJ ft1 LO STIPUAL TION AGAINST LIENS THIS AGREEMENT made the 9--~ WI day offfi/ArLIj 2u:.>l, , by and between ROGER RUSSELL BUILDER, 3YQ ($]u.OJe\a.lld Rl ~e\JJ,,\\k\1t 112-'-1-1 Hereinafter referred to as Contractor, AND ROBERT A GRAVER IV AND JENNIFER R. GRAVER, 1418 Bradley Drive E21l Carlisle PA 17013 hereinafterreferred to as Owner, whereby the former undertook and agreed to erect and construct a SINGLE F AMIL Y DWELLING on that certain lot of ground situate in 5 Oakwood Place Carlisle, Cumberland County, Pel1l1sylvania 17013. (SEE ATTACHED LEGAL DESCRIPTION) NOW THEREFORE, THIS AGREEMENT WITNESSTH: That the said Contractor, for and in consideration of the sum of ($1.00) Dollar to ROGER RUSSELL BUILDER in hand paid by Owner, the receipt whereof is hereby acknowledged, and further consideration mentioned in the agreement aforesaid, for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanics liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contraet or otherwise, for, towards, in, or about the ereetion and construction of the said buildings on the lot above the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right oflien, shall be an independent covenant. WITNESS our hands and seals this2J,*' day of \(Y'Ii\H.h 7() .'] (, '- (. , Signed, Sealed and Delivered In the Presence of i-e/? .~ Title: President I O.u nO" N4()JC; ROjd RlJS:,cll Commission Expires: ~OMMONWEALTH OF PENN!9vI.VANIA r' ~. NOTA.RIA.L SEAL JEANETTE L PENNINGTON, Notary Public South Middleton T wp., Cumberland County Commission E,ptres September 10. 2009 . ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, being Lot No. 4C on the Final Re-Subdivision Plan of Robert J. Weibly and William L. Piper, dated July 8, 1997 and recorded in the Office of Recorder of Deeds of Cumberland County at Plan Book 76, Page 123, bounded and deseribed as follows: BEGINNING at an iron pin on the western right of way of Oakwood Plaee, at the dividing line between Lot No. 4B and Lot No. 4C on the aforesaid plan, thence along a curve to the left having a radius of 60.00 feet and an arc length of 55.02 feet to an iron pin; thence along the dividing line with Lot No. 4D on the said Plan, North 57 degrees 15 minutes 39 seeonds West a distance of298.44 feet to an iron pin; thence continuing along the same line, North 77 degrees 35 minutes 00 seconds West, a distance of214.55 feet to an iron pin; thence along lands now or formerly of Sylvia H. Rambo, North 13 degrees 49 minutes 59 seconds East, a distance of 132.54 feet to an iron pin; thence along lands now or formerly of Ray E. Wiser, Robert E. Miller and Harold S. Snyder, South 77 degrees 35 minutes 00 seconds East, a distance of 468.18 feet to an iron pin; thence along the dividing line between Lot No. 4C and Lot No. 4B on the said Plan, South 04 degrees 42 minutes 58 seconds East, a distance of208.92 feet to an iron pin; the place of beginning. Containing 1.878 acres. UNDER AND SUBJECT to Deed Restriction of Oakwood Place Subdivision, set forth as follows: 1. No building, including house garage or accessory structure (including sheds and fences) or additions thereto, as well as external lighting fixtures shall be ereeted, placed, or altered on any building plot in this subdivision until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and harmony of existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation, by Grantor or hislher designee, grantor may reject or approve such plans for any reason whatsoever and such rejections or approval shall be final and shall not be appealable in law or in equity. Provided further that no dwelling shall erected on any lot containing less than two thousand ( 2,000) square feet of floor space, exclusive of porches (finished or unfinished) basements, atties and garages. And further, no mobile homes or modular homes shall be permitted on the lot. In the event Grantor or hislher designee fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to them such approval will not be required and this Covenant will be deemed to have been fully complied with. 2. This tract ofland shall be used for residential purposes only. No business, commercial, or industrial uses whatsoever shall be permitted on this tract of land except for home occupations where approved by the Township of West Pennsboro. 3. Only one single-family residence and one attached (either directly or by a covered walkway or other covered strueture) two or three car garage, which garage, which garage is mandatory, and accessory buildings may be erected on this tract ofland. Garage doors shall not be permitted to face the cul-de- sac. 4. No Trailer, mobile home, boat, recreational vehicle, unlicensed or inoperable vehicle, commercial vehicle, tractor/trailer or similar structure or equipment may be located on this tract of land temporarily or permanently, for any use whatsoever unless enclose totally in a garage. Trucks engaged in pickup or delivery are the only exceptions. Any property owner/visitors vehicle may not be parked at any location in the Oakwood Place Development cul-de-sac for more than a consecutive twelve (12) hour period. 5. No basement, ten, shack. garage, barn or structure oftemporary eharacter shall be erected on this tract of land and/or used as a residence either temporarily or permanently. 6. No advertising or display sign shall be erected or maintained on this tract of land other than the customary "For Rent" or "For Sale" signs when the same pertain to the premises on which they are located or home oceupation signs when permitted under Paragraph (2) hereof. 7. Nothing shall be done in this tract of land which may be or become an annoyance or nuisance to the neighborhood. 8. No animal shall be permitted except pets which are maintained solely within the residence and are not kept for commercial purposes. Kennels shall be permitted only for reasonable daily exercise of household pets. 9. All construction and landscaping shall be completed within one year of the commencement of such construction or landscaping. No fill shall be permitted to remain ungraded for any period in excess of sixty (60) days except during construction ofa residence on such lot. Driveways shall be paved within one year of occupancy of the residence on the subject lot. 10. The lot owner shall maintain all green and wooded areas so as not to allow these areas to become a nuisance to the neighborhood. Wooded areas shall not be clear cut. 11. No video or audio towers shall be ereeted on the premises. 12. Satellite disc television reeeivers are prohibited in the front or side yards on the lot herein conveyed and shall be permitted only on the rear yards where screened completely by natural vegetation. 13. No recreational vehicles including, but not limited to, boats, trailers and motor homes, shall be permitted to be parked permanently or on a routine basis, on any street, road, or driveway in the Oakwood Place Development. 14. No fences shall be erected on the premises without complying with the provisions of Paragraph (I) hereofrequiring approval of Grantors. Provided further that no fences will be permitted in the front yard nor may any fence exceed four (4) feet in height. 15. No skateboard ramps or above ground swimming pools shall be erected or maintained on the lot herein conveyed. 16. All utility service shall be installed underground. 17. Firewood, cut or logs, must be stored to the rear of the residence and shall not be visible from the public street. 18. All purchases of property shall agree to pay to the Township of West Pennsboro the per lot monthly pro rata share of the electricity charge for the lamp post cul-de-sac street lighting, if installed, by the developer in the Oakwood Place Development. 19. No motorized recreational vehicles including, but not limited to, snowmobiles, off-road/all terrain vehicles, go-carts, etc. shall be operated on any lot or on the cul-de-sac in the Oakwood Place Development. 20. All purchasers of property in the Oakwood Place Development shall place, on said lot, at a location mutually agreed to by the property owner and the developer, a lamp post of approximately five (5) feet in height and shall have illumination not to exceed 100 watts. 21. Any accessory structure, specifically sheds, shall be a minimum of two hundred (200) square feet, shall be construeted of materials similar to the home construction, shall comply with the provision of Paragraph (I) and shall be placed on a permanent foundation. 22. The lot herein conveyed may not be further subdivided. ~~, ~ 1:. :J ~ ~ \v vJ )J V\.., <> ~ \'So 'l> '>- ~ ~. t ~ ~::--.. ~, t , ~ ~\ ~ } "" :!":"" .'') '::n ---I i'~2 ;,..:; -'""'" , Co) , J -~'''1 r",) , '1 :';~ '--" l.O