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HomeMy WebLinkAbout04-1249STIPULATION AGAINST LIENS KOLLAS AND COSTOPOULOS, Owner VS. GLENN SNIDER, JR. and GLEN MILLER, t/dgo/a SNIDER-MILLER BUILDERS, Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. - /, q9 WHEREAS, KOLLAS AND COSTOPOULOS, of 1104 Femwood Avenue, Camp Hill, Cumberland County, Pennsylvania, hereinaiter 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, Phase VI, Cumberland County, Peunsylvania, construction described as follows: ALL THOSE CERTAIN tracts or parcels of ground on Lot Nos. 62, 64, 65, 69, 101,102, 103, 104, 105, and 106 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 19th day of March , 2004, at the time of and immediately before the execution of the principal contract dated March 19 , 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 BY: William C. Kollas, Owner ATTEST: SNIDER-MILLER BUILDERS BY: Date: Glen Miller Date: LEGAL DESCRIPTION LOT NO. 62 PHASE 6 WERTZ RUN HEIGHTS Ali that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 62 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' fight-of-way), said point being located the following three (3) 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 (N37° 15' 00"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 forty-one and twenty-four hundredth feet (41.24') to a point; thence from said point of Beginning, by Lot No. 61 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred ninety-nine and seventy-seven hundredth feet (199.77') to a point on the line of land now or late ofKwan 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 eighty-seven feet (87.00') to a point; thence by Lot No. 63 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred ninety-nine and eighty-one hundredth feet (199.81') to a point on the western right-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 eighty-seven feet (87.00') to a point, the place of Beginning. Said tract contains 17,381.74 square feet or 0.3990 acres. LEGAL DESCRIPTION LOT NO. 64 PHASE 6 WERTZ RUN HEIGHTS Ail that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 64 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 thc following three (3) 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 (N37° 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 (AlL 219.58 ') to a point 3) North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of two hundred fifteen and twenty-four hundredth feet (215.24') to a point; thence from said point of Beginning, by Lot No. 63 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred ninety-nine and eighty-five hundredth feet (199.85') to a point on the line of land now or late of Kwan H. and Iney R. Won and 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 eighty-seven feet (87.00') to a point; thence by Lot No. 65 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred ninety-nine and eighty-nine hundredth feet (199.89') to a point on the western right-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 eighty-seven feet (87.00') to a point, thc place of Beginning. Said tract contains 17,388.49 square feet or 0.3992 acres. LEGAL DESCRIPTION LOT NO. 65 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 65 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 three (3) courses from the terminus of a curve eounecting 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 (N37° 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 (/ill 219.58 ) to a point 3) North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of three hundred two and twenty-four hundredth feet (302.24) to a point; thence fi.om said point of Beginning, by Lot No. 64 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred ninety-nine and eighty- nine hundredth feet (199.89') to a point on the line of land now or late of Robert S. Klutas and Carol E. Kanfrnan; thence by said land North forty-five degrees, twenty-eight minutes, twenty-eight seconds East (N 45° 28' 28" E), a distance of eighty-seven feet (87.00') to a point; thence by Lot No. 66 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred ninety-nine and ninety-three hundredth feet (199.93') to a point on the western right-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 eighty-seven feet (87.00') to a point, the place of Beginning. Said tract contains 17,391.87 square feet or 0.3993 acres. LEGAL DESCRIPTION LOT NO. 69 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 69 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 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 (N37° 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 (.4IL 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 two hundred eight and forty-six hundredth feet (.4/L = 208.46) thence from said point of Beginning, by Lot No. 68 North eight degrees, thirty- five minutes, zero seconds West (N 08° 35' 00"W) a distance of two hundred thirty-six and forty-two hundredth feet (236.42') to a point on the line of land now or late of Kwan H. and Iney R. Won; thence by said land, South fifty-five degrees, twenty-nine minutes, ten seconds East (S 55° 29' 10" E),a distance of one hundred seventy-six and sixty-seven hundredth feet (176.67') to a point; thence by the western right-of-way line of Pickett Drive South thirty-four degrees, thirty minutes, zero seconds West (S 34° 30' 00" V~r) a distance of one hundred seventy-four and fourteen hundredth feet (174.14') to a point; thence by a curve to the right, having a radius of twenty feet (R = 20.00~), an arc distance of twenty-seven and seventy-two hundredth feet (A/L -- 27.72') 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 = 225.00'), an arc distance of sixty and twenty-one hundredth feet (A/L = 60.21'), to a point, the place of Beginning. Said tract contains 25,574.96 square feet or 0.5871 acres. LEGAL DESCRIPTION LOT NO. 101 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 101 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following three (3) courses from the terminus of a curve connecting said eastern 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 (N37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97,) 2) by a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00,) an arc distance of two twelve and thirty-eight hundredth feet (.4/L = 212.38 ,); 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; thence from said point of Beginning, by said 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 two hundred seventy-four and eighty-nine hundredth feet (A/L = 274.89') to a point; thence by Lot No. 100 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance ofnne hundred seventy-five feet (175.00') to a point; thence by Lot No. 102 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred seventy- five feet (175.00') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 24,052.82 square feet or 0.5522 acres. LEGAL DESCRIPTION LOT NO. 102 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 102 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following three (3) courses from the terminus of a curve connecting said eastern 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 (N37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97') 2) by a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00') an arc distance of two twelve and thirty-eight hundredth feet (.4/L = 212.38 '); 3) North forty-five degrees, thirty minutes, zero seconds East (N45° 30' 00" E), a distance of three hundred thirty-seven and twenty-four hundredth feet (337.24') to a point; thence from said point of Beginning, by said right-of-way line North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of ninety feet (90.00') to a point; thence by Lot No. 101 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred seventy-five feet (175,00') to a point on the line of LOt No. 99; thence Lot No. 99 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of ninety feet (90.00') to a point; thence by Lot No. 103 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred seventy-five feet (175.00') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 15,750.00 square feet or 0.3616 acres. LEGAL DESCRIPTION LOT NO. 103 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 103 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following three (3) courses from the terminus of a curve connecting said eastern 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 (N37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.973 2) by a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00) an are distance of two twelve and thirty-eight hundredth feet (AfL = 212.38 '); 3) North forty-five degrees, thirty minutes, zero seconds East (N45° 30' 00" E), a distance of two hundred forty-seven and twenty-four hundredth feet (247.24') to a point; thence from said point of Beginning, by said right-of-way line North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of ninety feet (90.00') to a point; thence by Lot No. 102 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred seventy-five feet (175.00') to a point on the line of Lot No. 99; thence by Lot No. 99 and Lot No. 98 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of ninety feet (90.00') to a point; thence by Lot No. 104 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred seventy-five feet (175.00') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 15,750.00 square feet or 0.3616 acres. LEGAL DESCRIPTION LOT NO. 104 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 104 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following three (3) courses fi.om the terminus of a curve connecting said eastern right-of-way line of Meade Drive with the nnrthem right-of-way line of Ridge Avenue (a 50.00' right-of-way) 1) North thirty-seven degrees, fifteen minutes, zero seconds East (N37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97') 2) by a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00') an arc distance of two twelve and thirty-eight hundredth feet (A/£ = 212.38'); 3) North forty-five degrees, thirty minutes, zero seconds East (N45° 30' O0"E), a distance of one hundred fifty-seven and twenty-four hundredth feet (157.24~ to a point; thence fi.om said point of Beginning, by said right-of-way line North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of ninety feet (90.00') to a point; thence by Lot No. 103 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred seventy-five feet (175.00') to a point on the line of Lot No. 98; thence by Lot No. 98 and Lot No. 97 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of ninety feet (90.00') to a point; thence by Lot No. 105 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred seventy-five feet (175.00') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 15,750.00 square feet or 0.3616 acres. LEGAL DESCRIPTION LOT NO. 105 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 105 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following three (3) courses from the terminus of a curve connecting said eastern 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, fil~een minutes, zero seconds East (N37° 15' O0"E) a distance of five hundred seventy- nine and ninety-seven hundredth feet (579.97) 2) by a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00') an arc distance of two twelve and thirty-eight hundredth feet (A/L = 212.38 ); 3) North forty-five degrees, thirty minutes, zero seconds East (N45° 30' 00" E), a distance of sixty-seven and twenty-four hundredth feet (67.24) to a point; thence from said point of Beginning, by said right-of- way line North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of ninety feet (90.00') to a point; thence by Lot No. 104 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred seventy-five feet (175.00') to a point on the line of LOt No. 97; thence by Lot No. 97 and Lot No. 96 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of ninety feet (90.00') to a point; thence by Lot No. 106 North forty-four degrees, thirty minutes, zero seconds West (N 44° 30' 00" W) a distance of one hundred seventy-five feet (175.00') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 15,750,00 square feet or 0.3616 acres. LEGAL DESCRIPTION LOT NO. 106 PHASE 6 WERTZ RUN HEIGHTS All that certain tract of land located in North Middleton Township, Cumberland County, Pennsylvania, being Lot No. 106 Phase 6 Wertz Run Heights, bounded and described as follows, to wit: Beginning at a point on the eastern right-of-way line of Meade Drive (a 50.00' right-of-way), said point being located the following two courses from the terminus of a curve connecting said eastern right-of-way line of Meade Drive with the northern right- of-way line of Ridge Avenue (a 50.00' right-of-way) I) 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 a curve to the right, having a radius of one thousand, four hundred seventy-five feet (1,475.00') an are distance ofune eighty- six and sixty-four hundredth feet (A/L = 18664 '); thence from said point of Beginning, by said right-of-way, by a curve to the right, having a radius ofune thousand, four hundred seventy-five feet (1,475.00') an arc distance of twenty-five and seventy-four hundredth feet (A/L = 25.74') to a point; thence by the same North forty-five degrees, thirty minutes, zero seconds East (N 45° 30' 00" E), a distance of sixty-seven and twenty-four hundredth feet (67.24') to a point; thence by Lot No. 105 South forty-four degrees, thirty minutes, zero seconds East (S 44° 30' 00" E) a distance of one hundred seventy-five feet (175.00') to a point on the line of Lot No. 96; thence by Lot No. 96 and Lot No. 95 South forty-five degrees, thirty minutes, zero seconds West (S 45° 30' 00" W), a distance of eighty-nine and ninety-three hundredth feet (89.93') to a point; thence by Lot No. 107 North forty-five degrees, thirty minutes, zero seconds West (N 45° 30' 00" W) a distance of one hundred seventy-four and eighty hundredth feet (174.80') to a point on the eastern right-of-way line of Meade Drive, the place of Beginning. Said tract contains 16,003.06 square feet or 0.3674 acres.