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HomeMy WebLinkAbout04-0112STIPULATION AGAINST LIENS KOLLAS AND COSTOPOULOS, Owner VS. GLENN SNIDER, JR. and GLEN MILLER, t/d/b/a SNIDER-MILLER BUILDERS, Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. WHEREAS, KOLLAS AND COSTOPOULOS, of 1104 Femwood 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 Wertz Run Heights, Phases V and VI, Cumberland County, Pennsylvania, construction described as follows: ALL THOSE CERTAIN tracts or parcels of gronnd on Lot Nos. 61, 63, 66, 67, 68, 71 and 72 of North 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 7th day of January , 2004, at the time of and immediately before the execution of the principal contract dated January 7 , 2004, 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 making 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 William C. Kollas, Owner Date: / '7-'~'7~ ATTEST: SNIDER-MILLER BUILDERS BY: Glenn Snider, J'r~ ' BY: LEGAL DESCRIPTION LOT NO. 61 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 61 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the western right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following two (2) courses from the terminus of a curve connecting said western right-of-way line of Meade Drive with the northern right-of-way line of Ridge Avenue (a 50.00' right-of-way) 1) North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97) 2) by said right-of-way, by a curve to the right, having a radius of one thousand five hundred twenty-five feet (R = 1,525.00'), an arc distance of one hundred seventy-four and fifty-two hundredth feet (A/L 174.52 ) to a point; thence from said point of Beginning, by Lot No. 60 Phase 4 North forty-six degrees, eleven minutes, thirty-five seconds West (N 46° 11 ' 35" W) a distance of two hundred and forty-eight hundredth feet (200.48') to a point on the line of land now or late of Kwan H. and Iney R. Won; thence by said land North forty-five degrees, twenty-eight minutes, twenty-eight seconds East (N 45° 28' 28" E), a distance of ninety-two and twenty-two hundredth feet (92.22') to a point; thence by Lot No. 62 South forty-four degrees, thirty minutes, zero seconds East ($ 44° 30' 00" E) a distance of one hundred ninety-nine and seventy-seven hundredth feet (199. 77') to a point on the western fight- of-way line of Meade Drive; thence by said right-of-way South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of forty-one and twenty-four hundredth feet (41.24') to a point; thence by the same, by a curve to the left, having a radius of one thousand five hundred twenty-five feet (R = 1,525.00'), an arc distance of forty-five and six hundredth feet (A/L 45.06'), said curve having a chord bearing of South forty- four degrees, thirty-nine minutes, thirteen seconds West (Chord Bearing = $ 44° 39' 13 "W), a chord distance of forty-five and six hundredth feet (Chord Dist. = 45.06~ to a point, the place of Beginning. Said tract contains 17,840.96 square feet or 0.4096 acres. EXHIBIT LEGAL DESCRIPTION LOT NO. 66 PHASE 6 WERTZ RUN HEIGHTS AH that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 66 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the western fight-of-way line of Meade Drive (a 50.00' fight-of-way), said point being located the following three (3) courses from the terminus of a curve connecting said western fight-of-way line of Meade Drive with the northern fight-of-way line of Ridge Avenue (a 50.00' right-of-way) 1) North thirty-seven degrees, fifteen minutes, zero seconds East (N37° 15' 00"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97') 2) by said fight-of-way, by a curve to the fight, having a radius of one thousand five hundred twenty-five feet (R = 1,525.00~, an arc distance of two hundred nineteen and fifty-eight hundredth feet (A/L 219.58 ~ to a point 3) North forty-five degrees, thirty minutes, zero seconds East (N45° 30' 00" E), a distance of three hundred eighty-nine and twenty-four hundredth feet (389.24~ to a point; thence from said point of Beginning, by Lot No. 65 North forty-four degrees, thirty minutes, zero seconds West (N44° 30' 00" W) a distance of one hundred ninety-nine and ninety-three hundredth feet (199.93') to a point on the line of land now or late of Robert S. Klutas and Carol E. Kaufman; thence by said land North forty-five degrees, twenty-eight minutes, twenty-eight seconds East (N 45° 28' 28" E), a distance of one hundred twenty-eight and thirty-three hundredth feet (128.33 ~ to a point; thence by Lot No. 67 South thirty-two degrees, thirty minutes, zero seconds East (S 32° 30' 00" E) a distance of two hundred nine and forty-eight hundredth feet (209.48') to a point on the western fight-of-way line of Meade Drive; thence by said fight-of-way, by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.009, an arc distance of forty-seven and twelve hundredth feet (AlL = 47.129, to a point; thence by the same South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of thirty-eight feet (38.009 to a point, the place of Beginning. Said tract contains 21,489.24 square feet or 0.4933 acres. LEGAL DESCRIPTION LOT NO. 67 PHASE 6 WERTZ RUN HEIGHTS Ail that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 67 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the westem right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following four (4) courses from the terminus of a curve connecting said western right-of-way line of Meade Drive with the northern right- of-way line of Ridge Avenue (a 50.00' fight-of-way) 19 North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15' O0"E) a distance of five hundred seventy-nine and ninety-seven hundredth feet (579.97) 2) by said fight-of-way, by a curve to the right, having a radius of one thousand five hundred twenty-five feet (R = 1,525.00% an arc distance of two hundred nineteen and fifty-eight hundredth feet (A/L 219.589 to a point 3) North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of four hundred twenty-seven and twenty-four hundredth feet (427.249 to a point 4); by a curve to the right, having a radius of two hundred twenty-five feet (R = 225.009, an arc distance of forty-seven and twelve hundredth feet (A/L = 47. !29 thence from said point of Beginning, by Lot No. 66 North thirty-two degrees, thirty minutes, zero seconds West (N 32° 30' 00" W) a distance of two hundred nine and forty-eight hundredth feet (209.48 9 to a point on the line of land now or late of Kwan H. and l_ney R. Won; thence by said land North forty-five degrees, twenty-eight minutes, twenty-eight seconds East (N 45° 28' 28" E), a distance of thirty-seven and seventy-seven hundredth feet (3 Z 779 to a point; thence by the same North thirty-seven degrees, twenty-eight minutes, two seconds East (N 3 7° 28' 02" E), a distance of one hundred sixty and thirty-three hundredth feet (160.33 9 to a point; thence by Lot No. 68 South eleven degrees, fifty minutes, zero seconds East (S 11° 50' 00" E) a distance of three hundred six and forty-seven hundredth feet (306.479 to a point on the western right-of-way line of Meade Drive; thence by said right-of-way, by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.009, an arc distance of eighty-one and sixteen hundredth feet (AlL = 81.169, to a point, the place of Beginning. Said tract contains 31,195.90 square feet or 0.7162 acres. LEGAL DESCRIPTION LOT NO. 68 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 68 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the western right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following four (4) courses from the terminus of a curve connecting said western fight-of-way line of Meade Drive with the northern right-of-way line of Ridge Avenue (a 50.00' right-of-way) 1) North thirty-seven degrees, fifteen minutes, zero seconds East (N 37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97) 2) by said right-of-way, by a curve to the right, having a radius of one thousand five hundred twenty-five feet (R -- 1,525.00 '), an arc distance of two hundred nineteen and fifty-eight hundredth feet (A/L 219.58 ) to a point 3) North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of four hundred twenty-seven and twenty-four hundredth feet (427.24) to a point; 4) by a curve to the right, having a radius of two hundred twenty-five feet (R = 225.00% an arc distance of one hundred twenty-eight and twenty-eight hundredth feet (A/L = 128.289 thence fi.om said point of Beginning, by Lot No. 67 North eleven degrees, fifty minutes, zero seconds West (Nll° 50' O0"W) a distance of three hundred six and forty-seven hundredth feet (306.47') to a point on the line of land now or late of Kwan H. and Iney R. Won; thence by said land North thirty-seven degrees, twenty-eight minutes, two seconds East (N37° 28' 02" E), a distance of forty-eight and seventeen hundredth feet (4&17') to a point; thence by the same South fifty-five degrees, twenty- nine minutes, ten seconds East (S 55° 29' 10" E),a distance of one hundred eighty and twenty-eight hundredth feet (180.289 to a point; thence by Lot No. 69 South eight degrees, thirty-five minutes, zero seconds West (S 08° 35' 00" W) a distance of two hundred thirty-six and forty-two hundredth feet (236.42') to a point on the western right-of-way line of Meade Drive; thence by said right-of-way, by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.009, an arc distance of eighty and eighteen hundredth feet (A/L = 80,189, to a point, the place of Beginning. Said tract contains 38,090.48 square feet or 0.8744 acres. LEGAL DESCRIPTION LOT NO. 71 PHASE 5 WERTZ RUN HEIGHTS AH that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 71 Phase 5 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the northern right-of-way line of Longstreet Drive (a 50' right-of-way), at the terminus of a curve connecting said right-of-way with the western right-of-way line of Lee Court (a 50' right-of-way); thence fi.om said point of Beginning, by said northern right-of-way line of Longstreet Drive, by a curve to the left, having a radius of two hundred twenty-five feet (R = 225.009, an arc distance of forty-five and seventy-four hundredth feet (A/L = 45. 749 to a point; thence by Lot No. 70 North thirty- four degrees, thirty minutes, zero seconds East (N34° 30' 00" E), a distance of two hundred forty-four and fifty-nine hundredth feet (244.599 to a point on the line of land now or late of Dennis R. and Norma J. Deitch; thence by said land South fifty-five degrees, twenty-nine minutes, ten seconds East (S 55° 29' 10" E), a distance of one hundred fourteen and seventy-one hundredth feet (114. 719 to a point; thence by Lot No. 72 South thirty-four degrees, thirty minutes, fifty seconds West (S 34° 30' 50" W), a distance of one hundred eighty-one and eighty-four hundredth feet (181.849 to a point on the fight-of-way line of Lee Court; thence by said right-of-way line the following three (3) courses 1) by a curve to the left, having a radius of fifty feet (R -- 50.009, an arc distance of sixty-seven and twenty-seven hundredth feet (AlL = 67.279 to a point; 2) by a curve to the right, having a radius of twenty feet (R = 20.009, an arc distance of twenty-five and sixty-two hundredth feet (A/L = 25.629 to a point; 3) South eighty-nine degrees, thirty minutes, zero seconds West (S 89° 30' 00" W), a distance of thirty-two and ninety-eight hundredth feet (32.989 to a point at the terminus ora curve connecting said right-of-way with the northern right-of-way line of Longstreet Drive; thence by the same, by a curve to the right, having a radius of twenty feet (R -- 20.009, an arc distance of thirty and fifty-two hundredth feet (.4/L = 30.529 to a point, the place of Beginning. Said tract contains 29,295.29 square feet or 0.6725 acres. LEGAL DESCRIPTION LOT NO. 72 PHASE 5 WERTZ RUN HEIGHTS AH that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 72 Phase 5 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the western right-of-way line of Lee Court (a 50' right-of- way), said point being located the following three (3) courses from the terminus ora curve connecting said right-of-way with the northern right-of-way line of Longstreet Drive (a 50' right-of-way) 1) North eighty-nine degrees, thirty minutes, zero seconds East (N 89° 30' 00" E), a distance of thirty-two and ninety-eight hundredth feet (32. 98 ~ to a point; 2) by a curve to the left, having a radius of twenty feet (R = 20.00~, an arc distance of twenty-five and sixty-two hundredth feet (A/L = 25.62~ to a point; 3) bya curve to the right, having a radius of fifty feet (R = 50.00~, an arc distance of sixty-seven and twenty-seven hundredth feet (A/L = 67.27~ to a point; thence from said point of Beginning, by Lot No. 71 North thirty-four degrees, thirty minutes, fifty seconds East (N 34° 30' 50" E), a distance of one hundred eighty-one and eighty-four hundredth feet (181.849 to a point; thence by land now or late of Dennis R. and Norma J. Deitch South fifty-five degrees, twenty-nine minutes, ten seconds East ($ 55° 29' 10" E), a distance of two hundred eighty-three and twenty-seven hundredth feet (283.279 to a point; thence by Lot No. 73 South eighty-three degrees, twenty-three minutes, fifty-eight seconds West (S 83° 23' 58" W), a distance of two hundred ninety-one and forty-eight hundredth feet (291.489 to a point on the right-of-way line of Lee Court; thence by said right-of-way line, by a curve to the left, having a radius of fifty feet (R = 50.009, an arc distance of seventy feet (A/L = 70.009 to a point, the place of Beginning. Said tract contains 32,417.27 square feet or 0.7442 acres.