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HomeMy WebLinkAbout02-1382Steven G. Kalar and Patricia A. Kal~r Owner Contractor Haubert Hemes In the Court of Common Pleas. County of Number Oa'/-~a~ /"F)/.,O Term. 19 VS. WHEREAS. Steven G. Kalar and Patricia A. Kalar, his wife, of Cumberland County, is about to execute contemporaneously herewith, a contract, with Ha~. of Cumberland County, ('or the erection of a story. Pennsylvania Pennsylvania. Pennsylvania. building upon a lot of land situate See Legal Description Attached as Exhibit "A" NOW. March 15, 2002 ~ , at the time of and immediately before the execution of the prin- cipal contract, and before any authority has been given by the said Steven G. Kalar and Patricia A. Kalar to the said H~ Hollies to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with St~ven G. Kalar and Patricia A. Kalar and the further consideration or' One Dollar. to Haubert Homes paid by Steven G. Kalar and Patricia A. Kalar , it ~s 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 Hie such liens being expressly waived. WITNESS. our hands and seals the day and year aforesaid. ALL THAT CERTAIN lot of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, in accordance to the Final Subdivision Plan for Creekstone Manor (formerly known as Trout Run), Phases II & mi, dated January 1, 1996, prepared by Harm~an & Associates, Inc., and recorded in Plan Book 76, Page 133, to wit: BEGINNING at a point on the southwestern side of Merrimac Avenue (50 foot right-of-way) at the northeastern conner of Lot ~on the above mentioned Plan of Lots; thence along the northern side of Lot No. 48, North 70 degrees 39 minutes 10 seconds West, a distance of 266.48 feet to a point at the eastern line of lands now or fo,'merly of David W. Magaro on the above mentioned Plan of Lots; thence along the said lands of David W. Magaro, North 60 degrees 43 minutes 50 seconds East, a distance of 176.19 feet to a point at the southwestern conner of Lot No. 46 on the above mentioned Plan of Lots; thence along same, South 49 degrees 57 minutes 40 seconds East, a distance of 174.14 feet to a point on the western side of Merrimac Avenue; thence along the same side of Merrimac Avenue, by a curve to the leg having a radius of 200.00 feet and an arc length of 72.23 feet to a point, the point and place of BEGINNING. CONTAINENG 23,610.76 square feet or 0.542 acre. AND the said Grantee, his heirs and assigns, as a part of the consideration herci~,, d~,.~ iicreby agree and covenant with the said Grantor, 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 !? in the Recorder's Office of the County of Cumberland, Cc~en'-'e~!tk of Pennsylvania, for the faithful perfotamnce of the following conditions, 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 other~vise impair, affect, or alter ~?m. :.ts pristine state, that area of land described as Lots 79 and 81 as depic:2:l on tk It is understood, covenanted, and a~eed that each and every purchaser of Lots 1 throu61~ 78, ......... ubd~v)smn, ~s successors ~d ~sig~, s~l beg: .... a deed by ~e ~r~or,~ ' con~a;,~;ag sine cove~B ~d condition; each Gr~tee coven~tlng ~d agree~g wi~ each ~d eveu o~er p~c~er of lorn ~ ~s subdiv~ion, ~d wi~ ~e Gr~tor here~, ~at s~d Gr~tee wffi f~y obse~e ~d per/om ~e arbresaid coven~m ~d a~eemenB; ~d each~d eveU p~ch~er of ~ lot ~ said suamv~mn, ~clu~g but not l~ted to, ~e Gr~tees of LoB 79 ~d 81, ~d ~ek successors ~d ~si~s, is given ~e ri~t to efforce by ~y legfl means ~e peffom~ce of s~d covenanm ~d a~eemen~ by each ~ ~,'~, s~d p~ch~er ~ said subdivision, ~d ~ek successors ~d ~signs. BEING Lot No. 47 on the' above mentioned Plan of Lots. UNDER AND SUtffECT to a 25 foot drainage easement along the southern and western boundary lines as shown on said Plan. UNDER AND SUBJECT, NEYERTltELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of ~e pr~mises would reveal.