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HomeMy WebLinkAbout02-5186STIPULATION AGAINST LIENS KOLLAS AND COSTOPOULOS, Owner VS. GLENN SNIDER, JR. and GLEN MILLER, t/d/b/a SNIDER-MILLER BUILDERS, Contractor : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 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/d/b/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. 57, 58, 59, 60 and 61 of South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A' attached hereto and made a part hereof NOW, this 23rd .day of October , 2002, at the time of and immediately before the execution of the principal contract dated October 23 ,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 BY: William C. Kollas, Owner Date: ATTEST: BY: BY: SNIDER-MII,LER BUILDERS Date: Glen ~V~iller Date: / O/,,/a3/~2- Legal Description Lot No. 57 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 57, Phase 4 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 Lot No.58, said point being located the following four (4) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of two hundred forty-three and six hundredth feet (R=243.06'), an arc distance of sixty-three feet (A/L=63.00'); 3) North fourteen degrees, zero minutes, zero seconds East (IN 14° 00' 00" E), a distance of two hundred sixty-five and thirty-seven hundredth feet (265.37'); 4) by a curve to the left, having a radius of four hundred twenty-five feet (R=425.00'), an arc distance of fifty-nine and ninety-six hundredth feet (A/L=59.96'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive, by a curve to the left, having a radius of four hundred twenty-five feet (R=425.00'), an arc distance of seventy- three and fifty-six hundredth feet (A/L=73.56') to a point; thence by Lot No. 56 South eighty-six degrees, zero minutes, zero seconds East (S 86° 00' 00" E), a distance of one hundred thirty-four and ninetyksix hundredth feet (134.96') to a point; thence by Lot No. 67 South nine degrees, four minutes, forty-four seconds East (S 09° 04' 44" E), a distance of twenty~seven and forty-eight hundredth feet (27.48') to a point; thence by Lot No. 66 South nine degrees, fifty-three minutes, twenty-three seconds West (S 09° 53' 23" W), a distance of seventy and six hundredth feet (70.06') to a point; thence by Lot No. 58 North eighty-four degrees, five minutes, zero seconds West (N 84° 05' 00" W), a distance of one hundred twenty-eight and ninety-nine hundredth feet (128.99') (Erroneously shown on the Final Subdivision Plan For Westgate Development Phases 3 & 4 as recorded in Plan Book 81 Page 15 as North eighty-four degrees, fifty-three minutes, twenty seconds West (N 84° 53' 20" W), a distance of one hundred twenty- eight and ninety-nine hundredth feet (128.99')), the place of Beginning Said tract contains 11,386.37 square feet. EXHIBIT "A" Legal Description Lot No. 58 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 58, Phase 4 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 Lot No.59, said point being located the following three (3) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of two hundred forty-three and six hundredth feet (R=243.06'), an arc distance of sixty-three feet (A/L=63.00'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of two hundred sixty and sixty-five hundredth feet (260.65'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of four and seventy-two hundredth feet (4.72') to a point; thence by the same, by a curve to the left, having a radius of four hundred twenty-five feet (R--425.00'), an arc distance of fifty-nine and ninety-six hundredth feet (A/L=59.96') to a point; thence by Lot No. 57 South eighty- four degrees, five minutes, zero seconds East (S 84° 05' 00" E), a distance of one hundred twenty-eight and ninety-nine hundredth feet (128.99') (Erroneously shown on the Final Subdivision Plan For Westgate Development Phases 3 & 4 as recorded in Plan Book 81 Page 15 as South eighty-four degrees, fifty-three minutes, twenty seconds East (S 84° 53' 20" E), a distance of one hundred twenty-eight and ninety-nine hundredth feet (128.99')) to a point; thence by Lot No. 65 South nine degrees, fifty-three minutes, twenty-three seconds West (S 09° 53' 23" W), a distance of ninety-two and eighty-four hundredth feet (92.84') to a point; thence by Lot No. 59 North seventy-six degrees, zero minutes, zero seconds West (N 76° 00' 00" W), a distance of one hundred thirty feet (130.00') to a point the place of Beginning Said tract contains 10,734.18 square feet. Legal Description Lot No. 59 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 59, Phase 4 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 Lot No.60, said point being located the following three (3) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of two hundred forty-three and six hundredth feet (R=243.06'), an arc distance of sixty-three feet (A/L=63.00'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of one hundred eighty and sixty-five hundredth feet (180.65'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of eighty feet (80.00') to a point; thence by Lot No. 58 South seventy-six degrees, zero minutes, zero seconds East (S 76° 00' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Lot No. 64 South fourteen degrees, zero minutes, zero seconds West (S 14° 00' 00" W), a distance of eighty feet (80.00') to a point; thence by Lot No. 60 North seventy-six degrees, zero minutes, zero seconds West (N 76° 00' 00" W), a distance of one hundred thirty feet (130.00') to a point the place of Beginning Said tract contains 10,400.00 square feet. Legal Description Lot No. 60 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 60, Phase 4 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 Lot No.61, said point being located the following three (3) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the fight, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of two hundred forty-three and six hundredth feet (R=243.06'), an arc distance of sixty-three feet (A/L=63.00'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of one hundred and sixty-five hundredth feet (100.65'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of eighty feet (80.00') to a point; thence by Lot No. 59 South seventy-six degrees, zero minutes, zero seconds East (S 76° 00' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Lot No. 63 South fourteen degrees, zero minutes, zero seconds West (S 14° 00' 00" W), a distance of eighty feet (80.00') to a point; thence by Lot No. 61 North seventy-six degrees, zero minutes, zero seconds West (N 76° 00' 00" W), a distance of one hundred thirty feet (130.00') to a point the place of Beginning Said tract contains 10,400.00 square feet. Legal Description Lot No. 61 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 61, Phase 4 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 land now or late of David T. Goodyear, said point being located the following three (3) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of two hundred forty-three and six hundredth feet (R=243.06'), an arc distance of sixty- three feet (A/L=63.00'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of twenty feet (20.00'); thence from said point of Beginning, by said eastern right-of-way line of Westgate Drive North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of eighty and sixty-five hundredths feet (80.65') to a point; thence by Lot No. 60 South seventy-six degrees, zero minutes, zero seconds East (S 76° 00' 00" E), a distance of one hundred thirty feet (130.00') to a point; thence by Lot No. 62 South fourteen degrees, zero minutes, zero seconds West (S 14° 00' 00" W), a distance of eighty and sixty-five hundredth feet (80.65') to a point; thence by land now or late of David T. Goodyear North seventy-six degrees, zero minutes, zero seconds West (N 76° 00' 00" W), a distance of one hundred thirty feet (130.00') to a point the place of Beginning. Said tract contains 10,484.34 square feet.