HomeMy WebLinkAbout96-00965
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STIPULATION AGAINST LIENS
21""
THIS AGREEMENT made this day of February, 1996, by
between ROGIR I. SBOVIR, t/a SBOVIR CONSTRUCTION, of Walnut
Bottom, Cumberland County, Pennsylvania hereinafter referred
as Contractor,
and
to
AND
JIRRY A. CARBO, SR. and 'BRMI A. CARBO, huspand and wife, of
Carlisle, Cumberland County, Pennsylvania, hereinafter referred
to as Owner,
Whereby the former undertook and agreed to erect and
construct a home on those certain lots of ground situate in
Cumberland county, Pennsylvania, more particularly described in
the
Attached Legal Description, which is Exhibit "A"
NOW THEREFORE, THIS AGREEMENT WITNESSETH That the said
Contractor, for and in consideration of the sum of One ($1.00)
Dollar to Contractor in hand paid by Owner, the receipt whereof
is hereby acknowledged, and the further consideration mentioned
in the agreement aforesaid, for himself and his subcontractors,
and all parties acting through or under them, covenant and agree
that no mechanic's liens or claims shall be filed or maintained
by him, 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 him, them or any of them under
said contract or otherwise, for, towards, in, or about the
erection and of the said buildings on the lot above described,
and the said contractor, for himself, his 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 of lien, shall be an independent
covenant.
WITNESS my hand and seal this 21st day of February, 1996.
signed, Sealed and
Delivered in the
P'P J iJ/I
~ crJ~~
Roger E. Shover, t/a Shover
Construction
(SEAL)
ACKNOWLEDGMENT rOR INDIVIDUAL
COMMONWEALTH OF PENNSYLVANIA
S5,
COUNTV OF CUMBERLAND
On this, the 22st day of February, 1996, before me the
undersigned officer, personally appeared Roger E. Shover, t/a
Shover Construction known to me to be the person whose name is
subscribed to t~e within instrument and acknowledged that he
executed the same for the purposes therein contained and with the
intent to be legally bound,
In witness whereof, I hereunto set my hand and official
seal,
J/1'- / /1'f) I /; ,/
/L'L !<-Ctfj / lif? /l
Notary Pub1i'a" ~.
(SEAL)
Notarial Seal
Mk:I1ael J. Hanh, Notary Public
C.~lsle Boro, Cumberland County
My CommIssion e,plre. Aprll13, 199B
"'.mber, Pennsylvania Aisoclabon 01 NOllrlea
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..\II. nl.\T CERTAIN lot uf lal1u SitlJilh: III West Pennsboro I'llwnshlp, Cumherlal1d ('<fUl1ty, Pellnsylvania,
buundeu anu described in accofdance witb hnal SUbUIVISIOII Plan fOf Phase Nos. I alld 4 of Andrew M.!Ilor,
,;ul1sisting of fuur (4) sheets prepared by Fishef, MowefY, Rosendale and Associates, [nc" dated Decembcf
6, ['Nl, a copy of which is fecofded in the hereinaftcr named Recofdef's Office in Plan Book 64,1 Page 22,
as follows:
BEGINNING at a point in the centerline of Clay Road(T-443) and the corner of lands now Of formerly of
Frank Z. Czirok; thence along said lands now or formerly of Frank Z. Czirok South 12 degrees II minutes
-1-0 seconds Wes! 19.66 feet to a point; thence continuing along said lands now or formerly of Ffank Z. Czirok
South 12 degrees I [ minules 40 !leconds West 262.49 feet to a point; thence along Lot Nos. II and to of Phase
No. .1 of Andrew Manof futufe pfoposal South 08 degfees [5 minutes 08 !leconds East 252.04 feet 10 a point;
thence along lands now or formerly of Wayne W, Finkey et ux, North 61 degrees 44 minutes 44 !leeonds West
.167,37 feet to a point in the easterly right-of-way of Shea Court; thence along said Shea Court on a line
curving to the left having a radius of 476.05 feet and an arc distance of 193, [3 feet to a point; thence
continuing along said right-of- way of Shea COUft, North 13 degrees 07 minutes 22 !leconds East 189.67 feet
to a point; thence on a line curving to the right having a fadius of 25.00 feet and arc distance of 39.43 feet to
a poilll JfI the right-of-way line of Shea Court; thence along the right-of-way of said Shea COUft North 13
lkgfces 30 minutes 00 seconds East 20,30 feet to a point in Clay Road (T-4431; thence continuing within Clay
Roau rr-4-1-3) South 76 degrees 30 minutes 00 seconds East 194,27 feet to a point, the Place of BEGINNING.
BEING Lot No. 12 on the above-mentioned Fina[ Subdivision Plan for Pha~ Nos. I and 4 of Andfew ManOf
anll containing 2.63 acres gross area and 2,54 acres net area.
BEING the same premises which Eber A, Barfick and Kathefine Bafrick, husband and wife, by theif Deed
dated May 13, [993 and fecorded on May 14, [993, in the Cumberland County Recofder of Deeds Office in
Deed Book "0", Volume 36, Page 1176, granted and conveyed unto Raymond E. & Genevieve A, Diehl,
husband and wife, and Donald E. & Suzanne Diehl, husband and wife, Grantors herein,
THE ABOVE described lot of ground is conveyed under and subject, nevertheless, to the following building
fcslnctions which shall be binding on the within described tract of land only, and shall not be deemed binding
011 other land of the party of the tirst part, with which building and use restfictions the within party of the
secol1u part, their heirs and assigns, by acceptance of this deed, agree to comply:
I. This tract of land shall be u!led for residential purposes only. No business (except home occupations),
Commercial or industfial uses whatsocvef shall be permitted on this tfact of land.
2. No trailer, mobile home or similar structure may be located on this tract of land temporarily or
pcfmanent[y, for allY U!le whatsoevef.
3. No basement, tent, shack, garage, barn Of structure of a temporary character shall be erected 011 this
Iract of land and u!led as a residence eithef temporarily or permanently.
4, No advertising or display sign (except home occupation sign) shall be erected Of maintained on this
tract of land other than the customary "For Rent" and "For Sale" signs when the same peftain to the
EXHIBlr "A"
LEGAL DESCRIPTION
(continued)
premises on which they afe located, One home occupation sign shall be pcflTlillCd but shall not be largef
than six (6) inches by eighteen (18) inches,
5, Nothing shall be done on this tract of land which may be or become an annoyance or nuisance to the
neighborhood.
6. No house or other structure shall be erected, placed, modi lied or altered on any building plot in the
within described development until the building plans, specilications and plot showing the location of such
building have been approved in writing by Donald E, Diehl, his heirs, executors or assigns, as to
confofmity and harmony of external design with existing structures in this subdivision and as to location
of the building with respect to topography and finished ground elevation, and as to quality of construction
and materials, In the event such building plans, specifications, and plot plan have not been approved
within thirty (30) days after the same have been submitted, or in any event, if no suit to enjoin the erection
of any building or the making of any alterations has been commenced pfior to the completion thefeof such
approval will not be required and this covenant will be deemed to have been fully complied with, No
accessory structufe, including but not limited 10 swimming pools and storage sheds, shall be erected,
placed, modi lied or altefed on any building lot in the within described development until the building
plans, specifications and plot plan showing the location of such accessory structure shall have been
approved in the manner as set forth in this paragraph,
7, All construction and landscaping shall be completed be binding on all parties and all persons claiming
undef them.
8. The within covenants and restfictions shall run with the land and shall be binding on all parties and
all persons claiming under them,
l), The ground floor living area of the main dwelling house, exclusive of porche!, patios and garages,
shall be not less than 1,400 square feet of a one-story dwelling (excluding basement) and the total living
afea of any dwelling house exceeding one story exclusive of porches, patios and garages, shall be not less
than I. BOO square feet.
10. All dwellings constructed, erected or placed on a lot shall have a garage which shall be erected at the
same time as the dwelling house,
II, Outside fuel or gas tanks must be placed underground and none may be exposed,
12, All utility liens servicing any lot in the development shall be buried and pl2,ced underground,
13, Shade trees shall be planted and maintained on each lot along a set-back line located live (5) feet from
the dedication right-of-way line of any stfeet or road in a minimum quantity ratio of one for every (50)
feet of foad frontage. Trees must be planted within one (I) year after purchase of lot.
14. No unlicensed vehicles shall be allowed on any streets or lots,
LEGAL DESCRIPTION
(continued)
15. The unimproved portions of any lot shall be maintained at all times and all owncrs Of occupiers of
lots shall keep the same free of weeds or other objcetionablc growth, and in good ordef.
16. No fubbish may be dumped at any place in the development, and all such material must be removed
from the development.
17, Invalidation of any of these covenants by judgment or court order shall in no way effect any of the
othCf provisions which shall remain in full force and effect.
18. Free standing televisions and radio towers must be at least eighty (80) feet form the right-of-way
centerline and conform to the Township set-backs for buildings. Satellite dish type antennas must either
be of wire mesh (see thfOUgh) type, painted black, or shall be screened with natural vegetation and must
conform to the Township set-backs for buildings,
19, No animals other than household pets and/or horses shall be permiued on any lots,