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Home My WebLink About04-1697 T~IM AG1R~EIVI~NT Made and concinded this 16 t~ day of April between Jeffrey A. Wilbur and Holly J..Wilbur Application No. A.D ,,2004. of . Party of the first part (hereinafter cared Owner), AIN-O CDS Construction party of the second part (hereinafter called Contractor). WHEREAS, the said parties have bye duly~ executod Agreement under seai, bearin~ even dats h~ewith, entered into e wM~en contract for the ere~on and completion of improvements to an existing single famil¥ dwe llinR to be ere~ed on 132 Glendale Drive, Silver Spring Township, Cumberland County Mechanicsburg, PA 17050 in which Agreement the Contractor convenanted, prowl.ed:and ~ that no mechanics' claim.s, or llens~:Should be entered and fled against the said building,or,buildlngs~or any part;thereof, or the curffiage or :c~ages~PPurtenant NOW THIS AGREEMENT WITNESSETH:'That Contractor for and in consideration of the awarding to him by Owner of auld contract es aforesaid, as wenas the fur ther consideration of One(S1.00) Dollar~to hlm~paid ator before'the ensealing and delivery a~ tu o,e n~e.~onta: the?e~p*, whero,f~: h ~e'~v: ek~..~wl e~ ced eo that there shali not be anylegal or lawful c],~m ofanylMnd ~hatever agalnst OWne~ for any~workdone~or!labor or materials furnished under said contract for. and. about:the:erection, constrnctlon and~completion of satd buildings as aforesaid, or under any contracts for extra work~ or~fortwork snpplemental thereto; or otherwise A~D, in order to give the Owner fullpower and s[Uth~rity te protect h~ra,elf andthe lot or late o~ground against any and all c!s m e fled by the Contractor or unyoneactingxmder or through ~,,,~ or ttm v~olation o~the foregomg, covenant, the said Contractor £or,h~,,~eelf, themselves ~itee~f,:hereby irre-~ocably authorizes:und empowers any~ttomey of any ' Cou of Co unmea ofthe cost and ~xpense of the COntractor:or °~uny Snb-~O0n'~ra~r:0r ~ater~]m'un, or Mate~ialmen~.any~d~dl cl~!m~ or claim, lien or liens,~ .fl. ed~by or for the ~ontractor~:or~u~Contracto~ orMaterialman, or mhis 0~h~r~n~e~ag~st said buildlng or buddings, lot or 10ts of ground Or ~ part theraof and for such act or acts :this Sh~l] be go~d sufficient warrant and authority, and a reference to the Court, Term and Number ~n which and where this Agreemen~ shall have been filed shall be a su~cient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remiss, release and qult-ciaim all riehts and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and eeaIs dated the day and year first above written. ~/I'I'NESS PRESENT: zrey A. Wilbur Holly J. Wi~bu~ TC-2z (Rev. 8/86) AbL THAT CERTAIN piece or parcel of land situate in Silver Springs To~rnship, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated May 26, 1976, prepared'by Gary T. Cuppels, Professional SuZ-veyor, as follows: BBglhq~INg at a point on the northern line of lands of Joseph T. Barrick; said point being also in line of lands now or late of John S. and Margaret Ne~bert; TBENCE along said Neibert lands, North three (03) degrees no (00) minutes East twelve hundred forty-six and f~fteen hundredths (1246.15) feet to a stone pile; THENC~ continuing along said lands and lands now or fo~nerly of Samuel Bis~line, North eighty-five (85) degrees thirty (30) minutes East five hundred fourteen and sevensy-four hundredths (514.741 feet to a point; TE~CB South four (04) degrees thirty-three (33) minutes thirty-one (31) seconds West eleven hundred thirty-six and ninety-one hundredths (1136.91) feet to a point on line of lands of Joseph T, Earrick; THENCE along said lands, South seventy-two (?2) degrees forty-five (45) minutes West five hundred eleven (51~) feet to a point, the Place of BEGINNING. CONTAINING I3.490 acres~ more or less. TOGETHER with the right in the grantee herein, his heirs and agsi~ns, in and to the use and/or right of ingress, egress, and regress in, over and along all rights-of-way visible and of record leading to the tract herein conveyed from ptf01ic highways including certain right-of-way contained in Deed of conveyance recorded in the Cumberland County Recorder's Office in Deed Book "g", Volume 3, at page 438, and bearing dated the 4th day of April, 1867. EC(CEPTING ~LND RESERVING TEER~ FROM: ALL TBAT CERTAIN piece or parcel of land situate in Silver Springs To~rnship. Cumberland County, Pennsylvania, bounded and describsd in accordance with a sul-vey and plan thereof, dated May 26, 1967, .... prepared by Gary T. Cuppels, Professional Surveyor, as follows: F~VING at a point on the norther~ line of other lands of Joseph T. Barrick, grantee herein; said point being also the southwestern corner of the lands conveyed by george H. Neibert and Shirley M. Neibert to Stanley A. Snavely; THENCE North three (03) degrees no (00) minutes Bast two hundred seventy and sixty-five hundredths (270.69) feet to a point; THENCE North ~eventyy-two (72) degrees forty-five (45) .minutes East five hundred eighteen and ninety-three hundredths (518.93) feet to a point; TBENCB South four (04) degrees thirty-three (33) minutes thirty-one (31) seconds West two hundred seventy-three and fifty hundrsd~hs (273.50) feet to a point on line of lands of Joseph T. Barrick; THENCE along said lands South seventy-two (72) degrees forty-five (45) minutes West five hundred eleven (911) feet to a point, the Place of BEGINNING. CONTAINING 3.002 acres, more or less. EXCEPTINg /~ P~ESERVING unto the Grantees, their heirs and assi~ns~ from the land herein conveyed, a right-of-way across the wes~er~ portion of the hereinbefore described land 21.32 feet in width; said right-of-way being 270.65 feet in length, which is more particularly described as follows: ALL T~T free and uninterruped use, liberty and privilege of, and passage in a~d over a right of way across ~he lands of the grantor bounded and described in accordance with a survey and plan thereof, dated May 27, 1976, prepared by gary T. Cuppels, Professional Surveyor, in and to ALL T~T CERTAIN piece Or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, as follows: BEGINNINg at a point on the northweste~ corner of a tract of land conveyed by Stanley A. Snavely to Joseph T. Barrick, by deed to be herewith recorded, said point being on the western line of the right-of-way reserved in said deed; THENCE South three (03) degrees no (00) minutes West two hundred sixty-nine and twelve htundredth~ (269.12) feet to a point; TH~CE South 3 degrees 59 minutes 30 seconds East one hundred nine and eleven hundredths (109.11) feet to a point; THENCE North 80 degrees 23 minutes East Two htu~dred six and seventy-three hundredths (206.73) feet to a point; THENCE South four (04) degrees thirty-three (33) minutes East two hundred seventy-three and four one-hundredths (273.04) feet to a point; TM~NCE South six (06) degrees nine (09) minutes fifteen (15) seconds East two hundred ninety-nine and forty hundredths (299.40) feet to a point; THENCE South seven (07) degrees twenty-three (23) minutes seven (07) seconds Bast one hundred sixty-nine and ninety-one hundredths (169.91) feet to a point; THENCE So~th seven (07) degrees fourteen (14) minutes East two hth~dred fifty-six and ninety-seven hundredths (256.97) feet to a point on the northern line Of Bistlin Drive; THENCE in an easterly direction along th~ norther~ line of Eistline Drive South seventy-six (76) degrees thirty-four (34) minutes East twenty-six and seventy-two hundredths (26.72) feet to a point; T~CE North seven (07) degrees fourteen (14) minutes West two hundred sixty-six and forty hundredths (266.40) feet to a point; THENCE North seven (07) degrees twenty-three (23) minutes seven (07) seconds West one hundred sixty-nine and sixty-four hundredths (169.64) feet to a point; THENCE North six (06) degrees nine (09) minutes fifteen (15) seconds West two hundred ninety-eight and seventy-eight hundredths (298.78) feet to a point; THENCE North four (04) degrees thirty-three (33) minutes West three hundred (300) feet to a point; THENCE South eighty (80) degrees twenty-three (23) minutes West two hundred seven (207) feet to a point; THENCE North three (03) degrees fifty-nine (59) minutes thirty (30) seconds West eighty (80) feet to a point; THENCE North three (03) degrees no (00) minutes East two hundred seventy and sixty-five hundredths (270.650) feet to a point; THENCE South seventy-two (72) degrees forty-five (45) minutes West twenty-one and thirty-two hundredths (21.32) feet to a point; the PLACE OF BEGINNING. BEING the right of way reserved by Stanley A. Snavely, from the tract of land conveyed by Stanley A. Snavely to Joseph T. Barrick, by deed recorded in the Cumberland County Recorder's Office at Deed Book X, Volume 26, page 577. BEING PART OF THE SAME PREMISES which Stanley A. Snavely, by deed dated September 8, 2000 and to be recorded in the Cumberland County Recorder of Deeds Office in Record Book , page , granted and conveyed to Stanley A. Snavely and Rosemarie Merlino, husband and wife. The said Stanley A. Snavely died on June 17, 2001, whereby title vested solely in Rosemarie Merlino, his wife, by operation of law. The said Rosemarie Merlino died on June 28, 2002, and Letters of Testamentary were granted by the Cumberland County Register of Wills to Jerry Harper, who executes this deed as Executor of the Estate of Rosemarie Merlino.