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HomeMy WebLinkAbout08-1899DEER RIDGE CONSTRUCTION, LLC V. Claimant ZIMMER-GROVES HOMES, INC., Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b8 - 1899 H LD CIVIL ACTION - LAW MECHANIC'S LIEN CLAIM 1. Claimant, Deer Ridge Construction, LLC, is a limited liability company with offices located at 7034 Raccoon Valley Road, Millerstown, Pennsylvania, and files this Mechanic's Lien claim as a contractor. 2. The owner of the property subject to the lien is Zimmer Grove Homes, Inc. with offices at 5751 Union Deposit Road, Harrisburg, Pennsylvania 17111. 3. The date on which claimant last supplied building materials and labor for which the claim is made was December 10, 2007. 4. The work was done by the claimant pursuant to a proposal dated September 11, 2007, between Claimant and the owner, a copy of which is attached to this claim as Exhibit "A". 5. This claim is made for supplying building materials including lumber stick frame or panelize, party wall system as noted on plans; trusses; sheeting including fire retardant plywood; roofing tar paper; house wrap; and all necessary fasteners, hangers, and bridging together with the installation of all windows, exterior doors and one door for a bilco unit, in connection with the construction of the residence. 6. The amount claimed to be due is $9,500.00 plus interest. 7. The property claimed to be subject to the lien is Lot T-75 on the final subdivision plan for Westwood Hills, Phase VI, recorded in Plan Book 91, page 121, and located in East Pennsboro Township, Cumberland County, Pennsylvania. KUNDRAT & ASSOCIATES By Jo S. Kundrat, Esquire orney ID No. 24958 07 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Plaintiff Dated: March dq , 2008 DEER RIDGE CONSTRUCTION 7034 Raccoon Valley Road MWerstown, PA 17062 (717) 438-0283 PROPOSAL PROPOSAL SUBMITTED TO Zimmer Grove Homes Inc. STREET 5751 Union Deposit Road CITY, STATE & ZIP CODE Harrisburq, PA 17111 PHONE DATE 717-545-7704 September 11, 2007 JOB NAME JOB # West Wood Hills, Building #1 WWF1 JOB LOCATION DATE OF PLANS East Pennsboro Township 7-11-07 Please accept this proposal to frame including but not limited to, the required Labor, and material for a Six unit Townhouse Building in East Pennsboro Township, Crooked Drive, Lot numbers T- 71, thru T-66 as shown on the attached plot plan dated July 9, 2007 and in accordance to the approved stamped plans by East Pennsboro Township as submitted. As to general procedure we have itemized the work to be done as follows: Deer Ridge Construction will supply all necessary Lumber Stick Frame or panelize, Party wall system as noted on plans, Trusses, Sheeting including Fire retardant plywood, Roofing tar paper, House wrap, and all necessary fasteners, hangers, bridging, etc. 2. Deer Ridge Construction will install all windows, exterior doors and one door for a bilco unit, as per manufactures installation specifications and providing all necessary installation materials as required. 3. Zimmer Grove Homes Inc. will supply all windows and exterior doors. 4. Also anything beyond the scope of work as state in this proposal will be handled with a written change order, signed by Zimmer Grove Homes Inc. Special Notes: A. Invoices shall be paid within 20 days upon Zimmer Grove Homes Inc. receipt of the invoice. B. If invoices are not paid within the prescribed time period all work will be stopped until the matter is resolved and a lien may be filed by Deer Ridge Construction. C. If any invoices are not paid within the prescribed time Zimmer Grove Homes Inc. will be charged 18% Interest annually. Also any fees for collection of said invoice will be the responsibility of the General Contractor. _. D. Zimmer Grove Homes Inc. would take care of necessary permits & inspections required to complete the work as outlined above. E. Deer Ridge Construction will inform Zimmer Grove Homes Inc. when completed with the phases of the work for inspection by the General Contractor and the municipality and in accordance with the inspection requirements of the municipality. We propose hereby to furnish material and labor - complete in accordance with this agreement, plans and specifications as submitted for the sum of: One Hundred Forty One Thousand Eight Hundred Eight Dollars ($141,808.00) Payment to be made as follows: 20% When First Floor Deck is Completed: 25% When Second Floor Deck is Completed 35% When Trusses are set and Sheeted 10% When Windows and Doors are set 10% When completed and a finial walk thru is completed and approved. All material is guaranteed to be as specified. All work to be in a workmanlike manner according WITNESS: rO / WITNESS: Notarial Seal LdW2nda N. Spece. Notary Public Saville ; _r iti ; r' . Perry. County DEER RIDGE CONSTRUCTION: AMOS S. ESH ZI ER GROVE HOMES INC.: WILLIAM R. GR ., VICE PRES. DATE: O 00 Y'\ - I C -3 t ..Q -O CJ 1 It a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEER RIDGE CONSTRUCTION LLC VS ZIMMER-GROVES HOMES INC R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named OWNER to wit: ZIMMER-GROVES HOMES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within MECHANICS LIEN CLAIM County, Pennsylvania, to On April 4th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage 1.16 75 41 f Sheriff or Deputy Sheriff who being So answer Thomas ine Sheriff of Cumberland County • y11?1?? 04/04/2008 KUNDRAT & ASSOCIATES Sworn and subscribe to before me this day of A. D. s ? 1 In The Court of Common Peas of Cumberland County, Peniisyivanila Deer Ridge Construction LLC vs. Zimmer-Groves Hanes Inc No 08-1899 civil No. Now, March 28, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of _ _ Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA h ? Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to Sheriff of copy of the original So answers, COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT the contents thereof. $ County, PA I . .. 'dirt Elf the *hCr Mary Jane Snyder Estate Real Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEER RIDGE CONSTRUCTION, LLC VS ZIMMER-GROVES HOMES, INC. Sheriffs Return No. 2008-T-0717 OTHER COUNTY NO. 08-1899 And now: APRIL 2, 2008 at 9:45:00 AM served the within MECHANICS LIEN CLAIM upon ZIMMER-GROVES HOMES, INC. by personally handing to BILL GROVE 1 true attested copy of the original MECHANICS LIEN CLAIM and making known to him/her the contents thereof at 5751 UNION DEPOSIT ROAD HARRISBURG PA 17111 OWNER Sworn and subscribed to before me this 2ND day of April, 2008 11!? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, Sheriff of Dauphin Coun P/a... By Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $37.25 4/1/2008 DEER RIDGE CONSTRUCTION, IN THE COURT OF COMMON PLEAS LLC, a Pennsylvania Limited Liability CUMBERLAND COUNTY, PENNSYLVANIA Company, vs. NO.: 2008-01899 ZIMMER-GROVES HOMES, INC., a Pennsylvania Corporation, Defendant PRAECIPE TO RELEASE MECHANICS LIEN TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly release the above-captioned Mechanics Lien, but only with regard to that certain property more particularly described on Exhibit "A" attached hereto. Respectfully submitted, DEER RIDGE CONSTRUCTION, LLC, a Pennsylvani?•Limited Liability Comp By: Naj ALL THOSE CERTAIN twenty (20) pieces, parcels or tracts of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, in which it is more fully bounded and described as follows, to wit: TRACT NO. I - Lot No. T-51: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. 10 and Lot No. T-51; thence extending along line of Lot No. 10. South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four (54) degrees twenty (20) minutes zero (00) seconds West, forty and no one-hundredths (40.00) feet to a point at a corner of Lot No. T-52; thence extending along line of Lot No. T-52, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point on the western dedicated right of way line of Crooked Drive: thence extending along dedicated right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, forty and no one-hundredths (40.00) feet to a point, the point and place of BEGINNING. CONTAINING 4,000 square feet. BEING Lot No. T-51 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 2 - Lot No. T-52: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-51 and Lot No. T-52; thence extending along line of Lot No. T-51, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-53; thence extending along line of Lot No. T-53, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred and no one- hundredths (100.00) feet to a point along the right ofway line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four (54) degrees twenty (20) minutes zero (00) seconds East, twenty and no one- hundredths (20.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot No. T-52 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO.3 - Lot No. T-53: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-52 and Lot No. T-53; thence extending along line of Lot No. T-52, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point alongline of Westwood Village; thence extending along line of Westwood Village, North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, twenty-four and no one-hundredths (24.00) feet to a point at a corner of Lot No. T-54: thence extending along line of Lot No. T-54, North thirty-five (35) degrees forty (40) minutes zero (00) secondsEast, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty (20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-53 of the Final Subdivision Plan of Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 4- Lot No. T-54: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-53 and Lot No. T-54; thence extending along line of Lot No. T-53, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet to a point along lineof Westwood Village; thence extending along line of Westwood Village, North fifty-four (54) degrees twenty (20) minutes zero (00) seconds West, twenty-fourand no one-hundredths (24.00) feet to a point at a corner of Lot No. T-55; thence extending along line of Lot No. T-55, North thirty-five (35) degreesforty (40) minutes zero (00) seconds East, one hundred and no one-hundredths (100.00) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive, South fifty-four(54) degrees twenty(20) minutes zero (00) seconds East, twenty-fourand no one- hundredths (24.00) feet to a point, the point and place of BEGINNING. CONTAINING 2,400 square feet. BEING Lot No. T-54 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 5 - Lot No. T-55: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-54 and Lot No. T-55; thence extending along line of Lot No. T-54, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred and no one-hundredths (100.00) feet toa point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, twenty-two and ninety-four one-hundredths (22.94) feet to a point at a corner of Lot No. T-56; thence extending along line of Lot No. T-56, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, ninety- five and ten one-hundredths (95.10) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive the following three courses and distances: 1) on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of sixteen and fifty-six one-hundredths (16.56) feet, a chord bearing of North seventy-one (71) degrees three (03) minutes twenty-eight (28) seconds East, sixteen and fifty one- hundredths (16.50) feet; 2) on a line curving to the righthaving a radius of five and no one-hundredths (5.00) feet, an arc length of five and forty-six one-hundredths (5.46) feet, a chord bearing of South eighty-five (85) degrees thirty-five (35) minutes twenty-four(24) seconds East, five and nineteen one-hundredths (5.19) feet to a point; and 3) South fifty- four (54) degrees twenty (20) minutes one (01) second East, six and one one-hundredths (6.01) feet to a point, the point and place of BEGINNING. CONTAINING 2,013 square feet. BEING Lot No. T-55 on the Final Subdivision Plan for Westwood Hills, Phase V1 recorded in Plan Book 91, Page 121. TRACT NO.6 - Lot No. T-56: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-55 and Lot No. T-56; thence extending along line of Lot No. T-55, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, ninety-five and ten one-hundredths (95.10) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-57; thence extending along line of Lot No. T-57,North fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds East, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along the right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left havinga radius of sixty and no one-hundredths (60.00) feet, an arc length of thirty-fourand fifteen one-hundredths (34.15) feet, a chord bearing of South eighty-four (84) degrees forty-four (44) minutes four (04) seconds East, thirty-three and sixty-nine one- hundredths (33.69) feet to a point, the point and place of BEGINNING. CONTAINING 4,510 square feet. BEING Lot No. T-56 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 7 - Lot No. T-57: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-56 and Lot No. T-57; thence extending along line of Lot No. T-56, South fifty-three (53) degrees fifty-nine (59) minutes twenty-eight (28) seconds West, one hundred twenty-two and fifteen one-hundredths (122.15) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three(83) degrees forty (40) minutes zero (00) seconds West, seventy-seven and thirty-eight one-hundredths (77.38) feet to a point at a corner of Lot No. T-58; thence extendingalong line of Lot No. T-58, North sixty-three(63) degrees fifty-five(55) minuteseight (08) seconds East, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along right of way line of Crooked Drive; thence extending along right ofway line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty-three and ninety-six one-hundredths (23.96) feet, a chord bearing of South Fifty-six (56) degrees fifty-nine (59) minutes thirty-one (31) seconds East, twenty-three and eighty one-hundredths (23.80) feet to a point, the point and place of BEGINNING. CONTAINING 4,953 square feet. BEING Lot No. T-57 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 8 - Lot No. T-58: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-57 and Lot No. T-58; thence extending along line of Lot No. T-57, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, one hundred seventy-three and forty-two one-hundredths (173.42) feet to a point along line of Westwood Village; thence extending along line of Westwood Village, North eighty-three (83) degrees forty (40) minutes zero (00) seconds West, thirty-seven and thirty-one one-hundredths (37.31) feet to a point at a corner of Lot No. T-59; thence extending along line of Lot No. T-59, North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, two hundred one and forty-nine one-hundredths (201.49) feet to a point along right of way line of Crooked Drive; thence extending along right of way line ofCrooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of twenty and thirty-nineone-hundredths (20.39) feet, a chord bearing of thirty-five(35) degrees forty-nine(49) minutes zero (00) seconds East, twentyand twenty-nine one-hundredths (20.29) feet to a point, the point and place of BEGINNING. CONTAINING 3,737 square feet. BEING Lot No. T-58 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 9 - Lot No. T-59: BEGINNING at a point on the western dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-58 and Lot No. T-59; thence extending along line of Lot No. T-58, South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, two hundred one and forty-nine one-hundredths (201.49) feet to a point at a corner of Lot No. 129; thence extending along line of Lot No. 129, North twenty-six (26) degrees four (04) minutes fifty-two(52) seconds West, twenty and no one-hundredths (20.00) feet to a point at a corner of Lot No. T-60; thence extending along line of Lot No. T-60 the following two (2) courses and distances: 1) North sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds East, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point; and, 2) North seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds East twenty-six and fourteen one-hundredths (26.14) feet to a point along right of way line of Crooked Drive; thence extending along right of way line of Crooked Drive on a line curving to the left having a radius of sixty and no one-hundredths (60.00) feet, an arc length of fourteen and six one-hundredths (14.06) feet, a chord bearing of South nineteen (19) degrees twenty-two (22) minutes eight (08) seconds East, fourteen and three one-hundredths (14.03) feet to a point, the point and place of BEGINNING. CONTAINING 3,970 square feet. BEING Lot No. T-59 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 10 - Lot No. T-60: BEGINNING at a point of the western right of way line of Crooked Drive at the dividing line of Lot No. T-59 and Lot No. T-60; thence extending along line of Lot No. T-59 the following two (2) courses and distances: I) South seventy-seven (77) degrees twenty (20) minutes thirty-seven (37) seconds West, twenty-sixand fourteen one-hundredths (26.14) feet to a point, and 2) South sixty-three (63) degrees fifty-five (55) minutes eight (08) seconds West, one hundred seventy-seven and seventy one-hundredths (177.70) feet to a point along line of Lot No. 129; thence extending along line of Lot No. 129 the following three (3) courses and distances: 1) North twenty-six (26) degrees four (04) minutes fifty-two(52) seconds West, a distance offorty-twoand fifty one-hundredths(42.50) feetto a point; 2) South eighty-eight (88) degrees fifty-two(52) minutes twenty-four(24) seconds West, one hundred sixteen and ninety-sevenone-hundredths (116.97) feet to a point: and, 3) South sixty-two (62) degrees fifty-six (56) minutes forty-five (45) seconds West, sixty- eight and twenty-eight one-hundredths (68.28) feet to a point; thence South seventy-four (74) degrees forty-six (46) minutes eighteen (18) seconds West, one hundred twenty-nine and sixty-three one-hundredths (129.63) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, sixty-eight and fifty-three one-hundredths (68.53) feet to a point, a corner of Lot No. T-61 on said plan; thence extending along said Lot No. T-61 the following two (2) courses and distances: ])North seventy-seven(77) degrees seventeen (17) minutes fifty-three(53) seconds East, a distance of three hundred seventy-eight and seventy-three one-hundredths (3 7 8.73) feet to a point; and, 2) South eighty- three (83) degrees eleven (11) minutes four (04) seconds East, a distance of one hundred forty-eightand eight hundredths (148.08) feet to a point on Crooked Drive; thence on aline curving to the left having a radius of sixty (60) feet, with an arc distance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South two (02) degrees fifty- five(55) minutes fourteen (14) seconds East, a chord distance of twenty and twenty-nine one-hundredths (20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 33,517 square feet. BEING Lot No. T-60 on the Final Subdivision Plan for Westwood Hills, Phase Vl recorded in Plan Book 91, Page 121. TRACT NO. 11 - Lot No. T-61: BEGINNING at a point on the Western right of way line of Crooked Drive at the dividing line of Lot No. T-61 and Lot No. T-60; thence along line of Lot No. T-60 the following two (2) courses and distances: 1) North eighty-three (83) degrees eleven (11) minutes four (04) seconds West, a distance of one hundred forty-eight and eight one-hundredths (148.08) feet to a point, and 2) South seventy-seven (77) degrees seventeen (17) minutes fifty-three (53) seconds West, a distance of three hundred seventy-eight and seventy-three one-hundredths (378.73) feet to a point; thence North nine (09) degrees nine (09) minutes twenty (20) seconds West, a distance of sixty-eightand fifty-threeone-hundredths (68.53) feet to a point in line of Interstate 81 right of way; thence extending along said right of way the following two (2) courses and distances: 1) North seventy-seven (77) degrees seventeen (17) minutes fifty-three (53)seconds East, one hundred forty-one and two one-hundredths (141.02) feet to a point, and 2) North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, three hundred seven and seventy-five one-hundredths (307.75) feet to a point, a corner of Lot No. T-62; thence extending along said Lot No. T-62 the followingtwo (2) courses and distances: 1) South forty-two (42) degrees ten (10) minutes fourteen (14) seconds East, one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point; and, 2) South sixty-three (63) degrees forty-two (42) minutes forty-six (46) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point on the Western right of line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left, having a radius of sixty (60) feet, an arcdistance of twenty and thirty-nine one-hundredths (20.39) feet, with a chord bearing of South sixteen (16) degrees thirty-three (33) minutes five (05) seconds West, a chord distance oftwentyand twenty-nineone-hundredths(20.29) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 38,935 square feet. BEING Lot No. T-61 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 12 - Lot No. T-62: BEGINNING at a point on the Northerly right of way line of Crooked Drive at the dividing line of Lot No. T- 61 and Lot No. T-62: thence extending along Lot No. T-62 the following two (2) courses and distances: 1) North sixty- three (63) degrees forty-two (42) minutes forty-six (46) seconds West, a distance of twenty-one and seventy one- hundredths (21.70) feet; and, 2) North forty-two (42) degrees ten (10) minutesfourteen (14) seconds West, a distance of one hundred nineteen and sixty-three one-hundredths (119.63) feet to a point in line of Interstate 81 right of way; thence extending along said right ofway, North seventy-four(74) degrees zero (00) minutes forty-two(42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-63; thence extending along said Lot No. T-63 the following two (2) courses and distances: ]) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point; and, 2) South forty-nine (49) degrees twenty-one (21) minutes five (05) seconds East, a distance of twenty and no one- hundredths (20.00) feet to a point on the Northerly right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left with a radius of sixty (60) feet, an arc distance of fifteen and four one- hundredths (15.04) feet, a chord bearing of South thirty-three (33) degrees twenty-eight(28) minutes five (05) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feetto a point, the first mentioned point and place of BEGINNING. CONTAINING 2,620 square feet. BEING Lot No. T-62 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 13 - Lot No. T-63: BEGINNING at a point on the Northern right of way line of Crooked Drive at the dividing line of Lot No. T-62 and Lot No. T-63; thence extending along Lot No. T-62 time following two (2) courses and distances: ])North forty-nine (49) degrees twenty-one (21) minutes five (05) seconds West, a distance of twenty and no one-hundredths (20.00) feet; and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of one hundred six and forty-one one-hundredths (106.41) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-64; thence extending along said Lot No. T-64 the following two (2) courses and distances: 1) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, a distance of ninety-six and fifty-eightone-hundredths(96.58) feet to a point, and 2) South thirty-four(34) degrees fifty- nine (59) minutes twenty-three (23) seconds East, twenty and no one-hundredths (20.00) feet to a point set on the Northern right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on aline curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South forty-seven (47) degrees forty-nine(49) minutes forty-six(46) seconds West, a chord distance of fifteen and no one-hundredths (15.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,373 square feet. BEING Lot No. T-63 on time Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 14 - Lot No. T-64: BEGINNING at a point on the Northeastern right of way of Crooked Drive at the dividing line of Lot No. T-63 and Lot No. T-64; thence extending along said Lot No. T-63 the following two (2) courses and distances: 1) North thirty- tour (34) degrees fifty-nine (59) minutes twenty-three (23) seconds West, adistance of twenty and no one-hundredths (20.00) feet: and, 2) North forty-two (42) degrees ten (10) minutes fourteen (14) seconds West, a distance of ninety-six and fifty-eight one-hundredths (96.58) feet to a point in lineof Interstate 81 right of way; thence extending along said right of way North seventy-four(74) degrees zero (00) minutes forty-two (42) seconds East, twenty-two and twenty-nine one-hundredths (22.29) feet to a point, a corner of Lot No. T-65 on said plan; thence extending along said Lot No. T-65 the following two (2) courses and distances: 1) South forty-two(42) degrees ten (10) minutes fourteen (14) seconds East, ninety and thirteen one-hundredths (90.13) feet to a point; and 2) South twenty(20) degrees thirty-seven (37) minutes forty-two (42) seconds East, twenty-one and seventy one-hundredths (21.70) feet to a point set on the Northeastern right of way of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of fifteen and four one-hundredths (15.04) feet, with a chord bearing of South sixty-two (62) degrees eleven (11) minutes twenty-seven (27) seconds West, a chord distance of fifteen and no one- hundredths (15.00) feet to a point, the first mentioned point place of BEGINNING. CONTAINING 2,227 square feet. BEING Lot No. T-64 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 15 - Lot No. T-65: BEGINNING at a point on the Northeast right of way of Crooked Drive at the dividing line of Lot No. T-64 and Lot No. T-65; thence extending along said Lot No. T-64 the following two (2) courses auth distances; 1) North twenty (20) degrees thirty-seven (37) minutes forty-two (42) seconds West, twenty-one and seventy one-hundredths (21.70) feet; and, 2) North forty-two(42) degrees ten (10) minutes fourteen (14) seconds West, ninety and thirteen one- hundredths (90.13) feet to a point in line of Interstate 81 right of way; thence extending along said right of way, North seventy-four (74) degrees zero (00) minutes forty-two (42) seconds East, a distance of eighty-eight and fifty one- hundredths (88.50) feet to a point, a corner of Lot No. T-66; thence extending along said Lot No. T-66 and through a four (4) foot wide access easement, South one (01) degree twenty-six (26) minutes twenty-five (25) seconds East, a distance of one hundred seven and sixty-nine one-hundredths (107.69) feet to a point on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of twenty and nine one-hundredths (20.09) feet, with a chord bearing South seventy-eight (78) degrees fifty-seven (57) minutes fifty-seven (57) seconds West, a chord distance of twenty and no one-hundredths (20.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 5,227 square feet. BEING Lot No. T-65 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91 Page 121. TRACT NO. 16: INTENTIONALLY OMITTED TRACT NO. 17 - Lot No. T-67: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-66 and Lot No. T-67; thence extending along said Lot No. T-66, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East one hundred thirty and thirty-five one-hundredths (130.35) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutes twenty-one(21) seconds East, twenty-two and thirty- two one-hundredths (22.32) feet to a point, a corner of Lot No. T-68; thence extending along said Lot No. T-68, South thirty-live (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred seventeen and fifty-six one- hundredths (117.56) feet to a point set on the Northeast right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radiusof sixty (60) feet, an arc distance of twenty and thirty one-hundredths(20.30) feet, with a chord bearing of North sixty-two(62) degrees thirty-three (33) minutes twenty- six (26) seconds West, a chord distance of twenty and twenty-one one-hundredths (20.21) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,468 square feet. BEING Lot No. T-67 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 18 - Lot No. T-68: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-67 and Lot No. T-68; thence extending from said beginning point and measured along Lot No. T-67, North thirty-five(35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred seventeen and fifty-six one- hundredths (117.56) feet to a point; thence extending South twenty-seven(27) degrees fifty-nine(59) minutes twenty-one (21) seconds East, a distance of twenty-five and seventy-eight one-hundredths (25.78) feet to a point, a corner of Lot No. T-69; thence extending along said Lot No. T-69, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, a distance of one hundred eleven and thirty-six one-hundredths (111.36) feet to a point on the Northeast right of way line of Crooked Drive; thence extending along said Crooked Drive on a line curving tothe left having a radius of sixty (60) feet with an arc distance of twenty-fourand eighty-four one-hundredths (24.84) feet, with a chord bearing of North forty-one (41) degrees zero (00) minutes five (05) seconds West, a chord distance of twenty-fourand sixty-six one- hundredths (24.66) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 2,726 square feet. BEING Lot No. T-68 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 19 - Lot No. T-69: BEGINNING at a point at time Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-68 and Lot No. T-69; thence extending from said beginning point and measured along Lot No. T-68, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, a distance of one hundred eleven and thirty-six one- hundredths(] 11.36) feet to a point; thence extending the following two (2) courses and distances: 1) South twenty-seven (27) degrees fifty-nine (59) minutes twenty-one (21) seconds East, four and sixty one-hundredths (4.60) feet; and 2) North seventy (70) degrees thirty-two(32) minutes forty (40) seconds East, a distance ofthirty-fourand seventy-six one- hundredths (34.76) feet to a point, a corner of Lot No. T-70; thence extending along said Lot No. T-70, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West a distance of one hundred fifty-eight and twenty-eight one- hundredths(] 58.28) feet to a point on the Northeast right of way line of Cooked Drive, aforesaid; thence extending along said Crooked Drive on a line curving to the left having a radius of sixty (60) feet, an arc distance of thirty-one and ninety one-hundredths (31.90) feet, a chord bearing of North thirteen (13) degrees fifty-four (54) minutes thirty-two (32) seconds West, a chord distance of thirty-one and fifty-three one-hundredths (31.53) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,112 square feet. BEING Lot No. T-69 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 20 - Lot No. T-70: BEGINNING at a point at the Northeast dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-69 and Lot No. T-70; thence extending from said beginning point and measured along Lot No. T-69, North thirty-five (35) degrees (40) minutes zero (00) seconds East, a distance of one hundred fifty-eightand twenty-eightone- hundredths (158.28) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, thirty-five and ninety-eight one-hundredths (35.98) feet to a point, a corner of Lot No. T-71; thence extending along said Lot No. T-71, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, one hundred ninety-fiveand eighty-twoone-hundredths(195.82) feet to a point on the Northeast right of way line of Crooked Drive; thence along Crooked Drive the followingthree (3) courses and distances: 1) North fifty-four(54) degrees twenty (20) minutes zero (00) seconds West, eleven and eighty-eight one-hundredths (11.88) feet to a point of curve; 2) on a line curving to the right having a radius of five (5) feet an arc distance of five and forty-six one-hundredths (5.46) feet, with a chord bearing of North twenty-three (23) degrees four (04) minutes thirty-six (36) seconds East, a chord distance of five and nineteen one-hundredths (5.19) feet toa point; and, 3) on a line curving to the left having a radius of sixty (60) feet an arc distance of seven and eighteen one-hundredths (7.18) feet, with a chord bearing of North four (04) degrees forty-five (45) minutes five (05) seconds West, a chord distance of seven and eighteen one-hundredths (7.18) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 3,604 square feet. BEING Lot No. T-70 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. TRACT NO. 21 - Lot No. T-71 BEGINNING at a point at the East dedicated right of way line of Crooked Drive at the dividing line of Lot No. T-70 and Lot No. T-71; thence extending from said beginning point and measured along Lot No. T-70, North thirty-five (35) degrees forty (40) minutes zero (00) seconds East, one hundred ninety-fiveand eighty-twoone-hundredths (195.82) feet to a point; thence extending North seventy (70) degrees thirty-two (32) minutes forty (40) seconds East, sixty-nine and ninety-five one-hundredths (69.95) feet to a point, a corner of Lot No. 14 Existing Phase II; thence extending along said Lot No. 14 Existing Phase II, South thirty-five (35) degrees forty (40) minutes zero (00) seconds West, two hundred fifty-three and twenty-one one-hundredths (253.21) feet to a point on the East dedicated right of way line of Crooked Drive, aforesaid; thence extending along said Crooked Drive, North fifty-four(54) degrees nineteen (19) minutes fifty- five (55) seconds West, forty and no one-hundredths (40.00) feet to a point, the first mentioned point and place of BEGINNING. CONTAINING 8,981 square feet. BEING Lot No. T-71 on the Final Subdivision Plan for Westwood Hills, Phase VI recorded in Plan Book 91, Page 121. °Q n G h !q• V `. tip ty -E