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HomeMy WebLinkAbout06-4653 r .... SCOTT W. SHERICK BRIDGET J. SHERICK (OWNER) : IN THE COURT OF COMMON PLEA : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO: 0(._lI(.53 IYl '- 0 'J_ MUSSER HOME BUILDERS, INC. : LOT l\f8 WILLOW LAKE, CARLISLE, (GENERAL CONTRACTOR) : CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIENS WHEREAS, SCOTT W, SHERICK and BRIDGET J, SHERICK, the OWNER of the real estate described below, has or is about to execute a contract with MUSSER HOME BUILDERS, INC., whose principal business address is 10 BARRENS CHURCH ROAD, DILLSBURG, PA 17019, to construct a single family dwelling upon lands situate at LOT iI6 WILLOW LAKE, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, and more particUlarly bounded and described on exhibit "A" attached hereto and IJIlIde a part hereof; and, NOW, THEREFORE, this ~ day of -:>\J lu ,2006, before any authority had been given by MUSSER HOME BUilDERS, INC, to commence~d facilities, or purchase materials for same, in consideration of making of the above-described Contract with SCOTT W, SHERICK and BRIDGET J, SHERICK, Owner, and in further consideration of One ($1,00) Dollar paid to the general contractor by SCOTT W, SHERICK and BRIDGET J. SHERICK, Owner, the receipt whereof Is hereby acknowledged. it is agreed that no liens or claims shall be filed or maintained against the OWner's facilities and the land above-described, or upon SCOTT W, SHERICK and BRIDGET J, SHERICK, the OWner, by the general contractor, or any of its subcontractors, or by any of the materialmen or workmen, or any other person acting through or under them, for or on account of any labor, or materials purchased, or extra labor or matarials purchased for, towards, in or about the erection, construction, design and 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 abov~ribed, and SCOTT W, SHERICK and BRIDGET J, SHERICK, 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 the.farties by~ir tluly authorized representatives have hereunto executed the Stipulation Against Liens this -:51' day of -:>u L'f ' 2006, WITNESS: :l'::;-/l/ ~ . SCOTT W, SH RICK ,7JJ~ f. ~ BRIDG J, SHERICK ~ ~ 7fi~ ~ ~ .HOM~~- General Contractor " EXHIBIT "A" ALL THAT CERTAIN lot or tract ofland situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Willow Lake Drive, said point being located the following 18 courses from its intersection with the eastern right- of-way line of King Drive (T-590); 1) North 69 degrees 54 minutes 50 seconds East 188.53 feet to apoint; 2) thence by a curve to the left having a radius of 475.00 feet and an arc length of 110.07 feet to a point; 3) North 56 degrees 38 minutes 11 seconds East 95,34 feet to a point; 4) by a curve to the right, having a radius of625.00 feet and an arc length of 89,99 feet to a point; 5) North 64 degrees 53 minutes 11 seconds East 83,16 feet to a point; 6) by a curve to tj:le left having a radius of225.00 feet and an arc length of 87,70 feet to a point; 7) North 42 degrees 33 minutes 11 seconds East 181.83 feet to a point; 8) by a curve to the left having a radius of300,OO feet an arc length of 188.93 feet to a point; 9) North 06 degrees 28 minutes 11 seconds East 54.23 feet to a point; 10) by a curve to the right having a radius of275,OO feet an arc length of91.19 feet to a point; 11) North 25 degrees 28 minutes 11 seconds East 169,32 feet to a point; 12) by a curve to the left having a radius of225.00 feet an arc length of 119.77 feet to a point; 13) North 05 degrees 01 minute 49 seconds West 95.94 feet to a point; 14) by a curve to the left having a radius of 975.00 feet an arc length of75.16 feet to a point; 15) North 09 degrees 26 minutes 49 seconds West 127,06 feet to a point; 16) by a curve to the right having a radius of 1025,00 feet an arc length of 146.10 feet to a point; 17) North 01 degree 16 minutes 49 seconds West 85.87 feet to a point; 18) by a curve to the right having a radius of275.00 feet an arc length of 43.75 feet to a point; THENCE by Lot #5, North 82 degrees 09 minutes 52 seconds West 462.08 feet to a point; Thence by land now or formerly of Sylvan 1. and Helen U. Vogelsong, North 00 degrees 29 minutes 00 seconds East 318.34 feet to a point; Thence by same, North 00 degrees 05 minutes 00 seconds East 40.00 feet to a point; Thence by Lot #7, South 67 degrees 16 minutes 49 seconds East 573.22 feet to a point; Thence by the western right- of-way line of Willow Lake Drive, South 22 degrees 43 minutes 11 seconds West 142.25 feet to a point; Thence by same, by a curve to the left having a radius of275,OO feet an arc distance of 71.44 feet to a point, the place of BEGINNING. CONTAINING 142,308.35 square feet or 3.267 acres. BEING Lot No.6 on the Major Subdivision Plan for Willow Lake, as recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on March 14,2003, in Book 86, Page 136. SUBJECT to a landscape easement and drainage and conservation easement as shown on the above-mentioned Final Subdivision Plan for Willow Lake, .. SUBJECT also to a Transferee Agreement for assumption of responsibility under General NPDES Permit No. PAS-JO-HIOO for stormwater discharge associated with construction activities. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record, including the Third Amended Declaration of Covenants and Restrictions recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on October 7,2004, at Book 712, Pages 1277-1285, or that which a physical inspection or survey of the premises would reveal, and to the following: Street Landscaping. Grantor, at its sole discretion and at its sole cost and expense, may install, modify or eliminate the landscaping along Willow Lake Drive from that shown on the Final Subdivision Plan for Willow Lake recorded March 14,2003, Any modification or elimination oflandscaping along Willow Lake Drive may be made by recording a revised Final Subdivision Plan. Restricted Construction Area. No building, structure, wall or fence shall be placed, erected, constructed or kept on that portion of Lot No, 6 within fifty (50) feet from the front property line, except landscape materials approved in accordance with the Declaration of Covenants and Restrictions, as amended, or landscape materials as may be placed by Grantor, its contractors and agents in the Landscape Easement. Permits. As applicable to the development of Lot No.6, the Grantees, at their sole cost and expense, shall fully comply with the requirements of Paragraphs I I and 12 ofNPDES Permit No. PAS-IO-HIOO and obtain any and all necessary and requisite permit(s) and approval(s) from the Department ofEnviromnental Protection and the Soil Conservation District to conduct any earth disturbance and to cross, alter, modify, relocate, remove or disturb: (1) the area and facilities within a drainage and conservation easement, as shown on the Final Subdivision Plan recorded March 14, 2003; (ii) storm water management facilities; (Hi) wetlands; and (iv) streams. ~9 - ..c. :0 .... - ... ""'" '\ t;. \ ~ t- \" '(\0 Lf:::l?!::> 2 ~ ~ ~m ;z: :.1' .. ti,c - -<~: 'f... t;: C'J ~ i~ >;\ - \l~ t\:;' ~ \l..; '" w c t \>> ~ 1" ~ .,~ ~ ".. ~i c: G'"> - ~ -0 8' ". ~ ~ ~,y c.f? ~,. N ~ u:>