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HomeMy WebLinkAbout02-4942STIPULATION AGAINST LIENS KOLLAS AND COSTOPOULOS, Owner ' 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. GLENN SNIDER, .IR. and GLEN MILLER, t/d/b/a SNIDER-MILLER BUILDERS, Contractor : WHEREAS, KOLLAS AND COSTOPOULOS, of 1104 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Owner, is about to execute contemporaneously herewith, a contract, with Glenn Snider, Jr., and Glen Miller, t/dPo/a SNIDER-MILLER BUILDERS, for the erection of houses ancillary to development in a complex known as Westgate, Phase III, Cumberland County, Pennsylvania, construction described as follows: ALL THOSE CERTAIN tracts or parcels of ground on Lot Nos. 34, 35, 36, 37, 38, 39 and 47 of South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereo£ NOW, this 4th .day of October , 2002, at the time of and immediately before the execution of the principal contract dated October 4 , 2002, and before any authority has been given by the said Owner, to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the marking of the said contract with Owner, and the further consideration of One Dollar and 00/100 ($1.00), to Contractor paid by Owner, it is 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 file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED in the presence of WITNESS: KOLLAS AND COSTOPOULOS ATTEST: BY: BY: BY: William C. Kollas, Owner Date: /~qc/O ~ SNIDER-MILLER BUILDERS Glenn Snider, Jr. / Y/ Date: /0/~///02. Date: Legal Description Lot No. 34 Westgate Development All that certain tract of/and located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 34, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line of Westgate Drive at the line of Lot No. 35, said point being located the following three (3) courses fi.om the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty-five feet ('R=25.00'), an arc distance of thirty-eight and ninety-eight hundredth feet (,6/1,=38.98'); 2) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of nine hundred eleven and sixty hundredth feet (911.60'); 3) by a curve to the right having a radius of one hundred seventy-five feet (R~175.00'), an arc distance of two hundred forty-nine and nineteen hundredth feet (A/L=249.19'); thence fi.om said point of Beginning, by said southern right-of-way line of Westgate Drive, by a curve to the right, having a radius of one hundred seventy-five feet (R=175.00'), an arc ~ · -,-, ouum vlgmeen oegrees, Illteen minutes, zero seconds West (S 18° 15' 00" W), a distance of one hundred thirty feet (130.00') to a point; thence by Open Space for a Park South eighty-six degrees, forty-five minutes, zero seconds West (S.86° 45' 00" W), a distance of thirty-two and ninety-nine hundredth feet (32.99') to a point; thence by Lot No. 35 North twenty-four degrees, forty-five minutes, zero seconds West (N 24° 45' 00" W), a distance of one hundred thirty feet (130.00,) to a point, the place of Beginning Said tract contains 10,801.38 square feet. EXHIBIT "A" Legal Description Lot No. 35 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 35, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Westgate Drive at the line of Lot No. 36, said point being located the following three (3) courses from the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty- five feet (R=25.00'), an arc distance of thirty-eight and ninety-eight hundredth feet (A/L=38.98'); 2) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of nine hundred eleven and sixty hundredth feet (911.60'); 3) by a curve to the right having a radius of one hundred seventy-five feet (R=175.00'), an arc distance of one hundred seventeen and eighty-five hundredth feet (A/L= 117. 85'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive, now the southern right-of-way line, by a curve to the right, having a radius of one hundred seventy-five feet (R=175.00,), an arc distance of one hundred thirty-one and thirty~four hundredth feet (A/I,~131.34') to a point; thence by Lot No. 34 South twenty-four degrees, forty-five minutes, zero seconds East (S 24° 45' 00' ' E), a d~stance of one hundred thirty feet (130.00') to a point; thence by Open Space for a Park South forty- three degrees, fomj'-five minutes, zero seconds West (S 43° 45' 00" W), a distance of t.hirty-two and ninety-nine hundredth feet (32.99') to a point; thence by Lot No. 36 North s~xty-seven degrees, forty-five minutes, zero seconds West (N 67° 45' 00" W), a distance of one hundred thirty feet (130.00') to a point, the place of Beginning. Said tract contains 10,801.38 square feet. Legal Description Lot No. 36 Westgate Development Ali that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 36, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Westgate Drive at the line of Lot No. 37, said point being located the following two (2) courses from the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty- five feet (R=25.00'), an arc distance of thirty-eight and ninety-eight hundredth feet (A/L=38.98'); 2) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 0 W), a distance of eight hundred ninety-eight and forty-four hundredth feet (898.44'); thence fi-om said point of Beginning, by said eastern right-of-way line of Westgate Drive, North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of thirteen and sixteen hundredth feet (13.16') to a point; thence by the same, by a curve to the right, having a radius of one hundred seventy-five feet (R=175.00'), an arc distance of one hundred seventeen and eighty-five hundredth feet (A/L=117.85') to a point; thence by Lot No. 35 South sixty-seven degrees, forty-five minutes, zero seconds East (S 67° 45' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Open Space for a Park South two degrees, fifty-five minutes, fifty-three seconds East (S 02° 55' 53" E), a distance of forty-two and thirty-eight hundredth feet (42.38') to a point; thence by Lot No. 37 South seventy-three degrees, forty minutes, zero seconds West (S 73° 40' 00" W), a distance of one hundred thirty feet (130.00') to a point, the place of Beginning. Said tract contains 11,456.06 square feet. Legal Description Lot No. 37 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 37, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Westgate Drive at the line of Lot No. 38, said point being located the following two (2) courses from the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty- five feet (R 25 00' an · = · ), arc distance of thirty-eight and ninety-eight hundredth feet (A/L=38.98'); 2) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of eight hundred eighteen and forty-three hundredth feet (818.43'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive, North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00' W), a distance of eighty and one hundredth feet (80.01') to a point; thence by Lot No. 36 North seventy-three degrees, forty minutes, zero seconds East (N 73° 40' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Open Space for a Park South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00" E), a distance of eighty and one hundredth feet (80.01') to a point; thence by Lot No. 38 South seventy- three degrees, forty minutes, zero seconds West (S 73° 40' 00" W), a distance of one hundred thirty feet (130.00') to a point, the place of Beginning. Said tract contains 10,401.30 square feet. Legal Description Lot No. 38 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 38, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the eastern right~of-way line of Westgate Drive at the line of Lot No. 39, said point being located the following two (2) courses from the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius oftweuty- five feet (R=25.00'), an arc distance of thirty-eight and ninety~eight hundredth feet (A/L 38 98' - 2 · = - ), ) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of seven hundred thirty-eight and forty-two hundredth feet (738.42'); thence from said point of Beginning, by said eastern right.of_w~aoy lien, e. o~, ,W, estgate Drive, North sixteen degrees, twenty minutes, ,z, ero seconds West (N 16 20 00 W), a distance of eighty and one hundredth feet (80.01) to a point; thence by Lot No. 37 North seventy-three degrees, forty mi,n. utes, zero seconds East (N 73° 40' 00" E), a distance of o. ne hundred thirty feet (130.00) to a point; thence by Open Space for a Park South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00" E), a distance of eighty and one hundredth feet (80.01') to a point; thence by Lot No. 39 South seventy~ three degrees, forty minutes, zero seconds West (S 73° 40' 00" W), a distance of one hundred thirty feet (130.00') to ' 10,401.30 square feet. a point, the place of Beginning. Said tract contains Legal Description Lot No. 39 Westgate Development Al/that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 39, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the eastern ri bt- - · . of Lot No. 40, said point heine I ,~ ,~.~ eAg_ o.f- ~ay h.? of Westgate Drive at the Ii o ocate,, ,,,~ ,ulluwmg two ~2~ co.ro~o c.- ~ ne , ~ .~o,.o ,,om the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty_ five feet (R=25.00'), an arc distance of thirty-eight and ninety-eight hundredth feet (A/L--38 98'¥ 2~ xr .... · ,, j ,,urm sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" IV), a distance of six hundred fifty-eight and forty-one hundredth feet (658.41 '); thence fi.om said point of Beginning, by said eastern right-of-way line of Westgate Drive, North sixteen degrees, twenty minutes, zero seco of eighty and one hundredth feet rS0.m,x .- - [n?.s .West (N 16° 20' 00" W), a di anne ~ ,'* j iv a point, thence by Lot No. 38 North st __ seventy-three degrees, forty minutes, zero seconds East (N 73° 40' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Open Space for a Park and by Lot No. 84 South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00' E), a distance of eighty and one hundredth feet (80.01') to a point; thence by Lot No. 40 South seventy-three degrees, forty minutes, zero seconds West (S 73° 40' 00" W), a distance of one hundred thirty feet (130.00') to a point, the place of Beginnlng. Said tract contains 10,401.30 square feet· LEGAL DESCRIPTION WESTGATE - PHASE 3 LOT NO. 47 SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a point on the eastern right-of-way line of Westgate Drive, said point being located at the COmmon Corner of Lot No. 47 and Lot No. 46 of Westgate - Phase 3; thence along the southern line of said Lot No, 48 North 73 degrees 40 minutes O0 seconds East a distance of 130.00 feet to a point at the northwest corner of Lot No. 77 of Westgate - Phase 2; thence along the western line of said Lot No. 77 South 16 degrees 20 minutes 00 seconds East a distance of 104.57 feet to a point on the northern right-of- way line of Parkway Drive, thence along the northern right-of-way llne of Parkway Drive South 74 degrees 20 minutes 00 seconds West a distance of 105.30 feet to a point; thence by a curve in a northwest direction connecting the northern right-of-way line of Parkway Drive to the eastern right-of-way line of Westgate Drive, said curve having a radius of 25.00 feet and an arc length of 38.98 feet to a point on the eastern right-of-way line of Westgate Drive; thence along the eastern right-of-way line of Westgate Drive North 16 degrees 20 minutes 00 seconds West a distance of 78.34 feet to a point, the place of BEGINNING. Said lot contains 13,364.96 square feet or 0.3068 acres. gO 'd