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HomeMy WebLinkAbout04-2433S TIP UL,4 TION ,4 G,4INS T LIENS THIS AGREEMENT made the 26th day of May, 2004, by and between Bonnie Heights Homes, Inc. hereinafter referred to as Contractor, and Michael W. Townsend and Deborah A. Townsend, hereinafter referred to as Owner, whereby the former undertook and agreed to erect and construct a custom built home on that certain lot of ground situate at Lot 1, Plan for Helen A. Valk, located Cold Springs Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, known as more fully described in Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, WITNESSETH: That the said Contractor, for and in consideration of the sum of ($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 themselves and their 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 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 ofthem under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and 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 of lien, shall be an independent covenant. WITNESS our hands and seals thi~('J, ff' 'day of Signed, Sealed and Delivered in the presence of 2004. Michael W. Townsend, Owner ~r£~g Glotf~lty, %ce Pr~{~de~ Bonnie Heights, Homeg, Inc: State of Pennsylvania County of Cumberland SS On this, the d(.t~~ day of ItlU.~ , 2004, before me the undersigned officer, personally appeared Michael W. Townsend and DeNSrah A. Townsend, husband and wife, known to me to be the persons whose names are subscribed to the within insmmaent, and who acknowledge themselves to be the Owners of Lot 1, Plan for Helen A. Valk, located Cold Springs Road, Carlisle, Pennsylvania and that they as such owners, executed the foregoing statement for the purposes therein contained by signing their names. In witness whereofI have hereunto set my hand and notarial seal. Member, Pennsylvania AssociatiOn ~ Notaries State of Pennsylvania County of Cumberland SS On this, thet~ffay of / //(]~ , 2004, before me the undersigned officer, personally appeared Craig Glotfelty, the Vice President of Bmmie Heights Homes, Inc., a Pennsylvania corporation, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he, as said Vice President, executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. :OMMONWEALTH OF PENNSYLVANIA Notadal Seal T~ L. Pe~e~, No~ Public Souff~ ~ Twp.. C~ County My~ ~ SepL 9, 2007 Member. Pennsylvania Association Of Notaries 3 Policy No. 399718 Title No. 2447.3 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly described as Lot No 1 on a Final Subdivision Plan for Helen A. Valk, prepared by Eric L. Diffenbaugh, professional la'fid surveyor, dated September 5, 2003 and recorded in Cumberland County Plan Book 88, Page 85, bounded and described, ~s follows: Beginning at a set railroad spike on the western line of Cold Springs Road (T-356) at the dividing line beP, veen land now or formerly of Trent E. Delp and Lot 1 as shown on the aforementioned plan; thence by Cold Springs Road (T-356), North 09 degrees 31 minutes 53 seconds West 265.44 feet to a point; thence by the same, North 09 degrees 31 minutes 53 seconds West 50.01 feet to an existing railroad spike; thence by the dividing line between land now or formerly of Robin S, Shenck and a proposed 50 foot private right of way, North 81 degrees 28 minutes 17 seconds East 169.50 feet to an existing iron pin; thence by the dividing line between Lot 1 and Lot 2 of the aforementioned plan, South 09 degrees 31 minutes 53 seconds East 50.01 feet to a set iron pin; thence by the same, North 81 degrees 28 minutes 17 seconds East 267.53 feet to a set iron pin; thence by the dividing line between Lot 1 and land now or formely of Helen A. Valk, South 07 degrees 51 minutes 02 seconds West 26.93 feet to an existing iron pin; thence by the same, South 32 degrees 21 minutes 19 seconds West 250.86 feet to an existing iron pin; thence by the same, South I0 degrees 40 minutes 24 seconds West 83.79 feet to an existing concrete monument; thence by the dividing line between land now or formerly of Trent E. Delp and Lot 1 as shown on the aforementioned plan, South 88 degrees 37 minutes 02 seconds West 234.87 feet a set railroad spike, point and place of Beginning. CONTAINING 2.3252 acres.