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HomeMy WebLinkAbout02-5187STIPULATION AGAINST I,IENS KOLLAS AND COSTOPOULOS, Owner VS. C & E 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 C & E BUILDERS, for the erection of a house ancillary to development in a complex known as Westgate Development, Phase IV, Cumberland County, Pennsylvania, construction described as follows: ALL THOSE CERTA1N tracts or parcels of ground on Lot Nos. 53, 55 and 56 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 23rd day of October , 2002, at the time of and in'trnediately 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: k~nneth Date: /0 Legal Description Lot No. 53 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 53, 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 Lot No. 52, said point being located the following two (2) courses from the southern right-of-way line of Parkway Drive; 1) by a curve to the left, having a radius of twenty- five feet (R=25.00'), an arc distance of thirty-nine and fifty-six hundredth feet (A/L=39.56'); 2) South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00" E), a distance of four hundred three and one hundredth feet (403.01 '); thence from said point of Beginning, by Lot No. 52 North seventy-three degrees, forty minutes, zero seconds East (N 73° 40' 00" E), a distance of one hundred thirty-three and twenty-eight hundredth feet (133.28') to a point; thence by Lot No. 71 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. 54 South seventy-three degrees, forty minutes, zero seconds West (S 73° 40' 00" W), a distance of one hundred thirty-three and seventy-five hundredth feet (133.75') to a point; thence by the 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, the place of Beginning. Said tract contains 10,682.44 square feet. EXHIBIT "A" Legal Description Lot No. 55 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 55, 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 Lot No. 54, said point being located the following two (2) courses from the southern right-of-way line of Parkway Drive; 1) by a curve to the left, having a radius of twenty- 2 ' five feet (R= 5.00 ), an arc distance of thirty-nine and fifty-six hundredth feet (A/L=39.56'); 2) South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00" E), a distance of five hundred sixty-three and three hundredth feet (563.03'); thence from said point of Beginning, by Lot No. 54 North seventy-three degrees, forty minutes, zero seconds East (N 73° 40' 00" E), a distance one hundred thirty-four and twenty-one hundredth feet (134.21') to a point; thence by Lot No. 69 South sixteen degrees, forty minutes, zero seconds East (S 16° 40' 00" E), a distance of eighty and one hundredth feet (80.01') to a point; thence by Lot No. 68 South nine degrees, four minutes, forty-four seconds East (S 09° 04' 44" E), a distance of three and thirty-seven hundredth feet (3.37') to a point; thence by Lot No. 56 South seventy-six degrees, five minutes, zero seconds West (S 76° 05' 00" W), a distance of one hundred thirty-four and seventy-five hundredth feet (134.75') to a point; thence by the 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 seventeen and ninety-three hundredth feet (A/L=I 7.93') to a point; thence by the same, North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of fifty-nine and seventy-five hundredth feet (59.75') to a point, the place of Beginning. Said tract contains 10,828.12 square feet. Legal Description Lot No. 56 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 56, 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 Lot No. 55, said point being located the following three (3) courses from the southern right-of-way line of Parkway Drive; 1) by a curve to the left, having a radius of twenty- five feet (R=25.00'), an arc distance of thirty-nine and fifty-six hundredth feet (A/L--39.56'); 2) South sixteen degrees, twenty minutes, zero seconds East (S 16° 20' 00" E), a distance of six hundred twenty-two and seventy-eight hundredth feet (622.78'); 3) by a curve to the right, having a radius four hundred twenty-five feet (R=425.00'), an arc distance of seventeen and ninety-three hundredth feet (A/L=17.93'); thence from said point of Beginning, by Lot No. 55 North seventy-six degrees, five minutes, zero seconds East (N 76° 05' 00" E), a distance one hundred thirty-four and seventy-five hundredth feet (134.75') to a point; thence by Lot No. 68 and Lot No. 67 South nine degrees, four minutes, forty-four seconds East (S 09° 04' 44" E), a distance of ninety-six and seventy- eight hundredth feet (96.78') to a point; thence by Lot No. 57 South eighty-six degrees, zero minutes, zero seconds West (S 86° 00' 00" W), a distance of one hundred thirty- four and ninety-six hundredth feet (134.96') to a point; thence by the 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, the place of Beginning Said tract contains 11,358.23 square feet.