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HomeMy WebLinkAbout05-4576 STIPULA TION AGAINST LIENS KOLLAS AND COSTOPOULOS Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NICKEL HOMES, L.L.C., Contractor No. 05- '-IS: 7 ~ MLD WHEREAS, KOLLAS AND COSTOPOULOS, of 1104 Fernwood A venue, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Owner, is about to execute contemporaneously herewith, a contract, with NICKEL HOMES, L.L.C., for the erection of a semi-detached house ancillary to development in a complex known as Kingsbrook Section VII, North Middleton Township, Cumberland County, Pennsylvania, construction described as follows: ALL THOSE CERTAIN tracts or parcels of ground known as and designated as Lots 3, 4, 7,8, 15, and 16 as shown on the Final Subdivision Plan for Kingsbrook Section VII recorded in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Plan Book 73, Page 46. NOW, this 19th day of August, 2005, at the time of and immediately before the execution of the principal contract dated August 19, 2005, 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: CfuiJlc Q. \ln~ \~1~. KOLLAS AND COSTOPOULOS BY: ~t{~u/c1X- William C. Kallas, Owner NICKEL HOMES, L.L.c. BY: Walter F. Nickel, III, President 08/18/05 16:14 FAX 7177311460 KOLLAS&KENNEDY ~002 LEGAL DESCRIPTIQN LOT NO.3 8ECf10N VII KING8BROOK AD tba1 certain lot or tract ofland located in North Middleton TownHhip, Cumberland County, Pennsylvania, bounded and deseribed as follows, to wit: Beginning at a point on the southern right-of-way line of Ridge Avenue said point being located North fifty.four degrees, nineteen minutes, forty-two sel;onds East (N 540 19' 42" E), a distance of one hundred eighty.two and ninety-four hundrulth feet (182.94') from the eastern right-of-way line projected of Oak Lane; thence lrom said point of Beginning, by said southern right.of.way line of Ridge Avenue Nc,rth fifty-four degrees, nineteen minutes, forty.two seconds East (N 540 19' 42" E), a distllIlCe of sixty feet (68.00') to a point; thence by Lot No.2 South thirty-five degrees, forty minutes, eighteen seconds East (8 350 44)' 18" E), a distance of two hundred six and ten hundredth feet (206.10') to a point; thence by Lots of Kingsbrook Section V South forty-four degrees, twenty-three minutes, twenty-one seconds West (844023' 21" W), a distance of sixty and ninety-one hundredth feet (68.91') to a point; thence by Lot No.4 North thirty-five degrees, forty minutes, eighteen seconds West (N 35044)' 18" VI), a distance of two hundred sixteen and sixty.two hundredth feet (216.62') to a point, on the southern right-of-way line of Ridge Avenue, the place ofBegiDnlng. Said tract contains 12,681.68 square feet or 0.2911 acres. 08/18/05 16:14 FAX 7177311460 KOLLAS&KENNEDY LEGAL DESCRIPTION LOT NO.4 SEcrION vn K1NGSBROOK . All that certain lot or tract of land located in North Middleton Towru:hip, Cwnberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line of Ridge Avecwe said point being located North fifty-four degrees, nineteen minutes, forty-two sewnds East (N 54. 19' 42" E), a distance of one hundred twenty.two and ninety-four hundredth feet (122.94') from the eastern right-of-way line projected of Oak Lane; thence lwm said point of BecinDiDg, by said southern right-of-way line of Ridge Avenue Ncrth fifty-four degrees, nineteen minutes, forty-two seconds East (N 540 19' 42" E), a dist mce of sixty feet (60.00') to a point; thence by Lot No.3 South thirty-five degrees, forty minutes, eighteen seconds East (S 35. 40' 18" E), a distance of two hundred sixteen and sixty-two hundredth feet (216.62') to a point; thence by Lots of Kings brook Section V South forty- four degrees, twenty-three minutes, twenty-one seconds West (S 440 23' 21" W), a distance of sixty and ninety-one hundredth feet (60.91') to a point; thence by Lot No.5 North thirty-five degrees, forty minutes, eighteen seconds West (N 350 40' 18" W), a distance of two hundred twenty-seven and thirteen h1J!1dredth feet (227.13') to a point, on the southern right-of-way line of Ridge Avenue, the place of Beginning. Said tract contains 13,312.51 square feet or 0.3056 acres. ~003 08/18/05 16:15 FAX 7177311460 KOLLAS,&KENNEDY ~006 LEGAL DESCRIPTION LOT NO.7 SECTION VB KING8BROOK . All that certain lot or tract ofland located in North Middleton Town:;hip, Cumberland County, Pennsylvania, bounded and described as follows, to w.t: Beginning at a point on the southern right-of-way line of Ridge Avenue at the terminus of a curve, connecting the southern right-of-way line of Ridge Avmue with the western right-of-way line of Oak Lane, said point being located South fifty- four degrees, nineteen minutes, forty-two seconds West (8 '540 19' 42" W), a distance oflorty feet (40.00') from the western right-of-way line projeeted of Oak Lane; thence from said point of Beginning, by a curve to the right, baving a radius of forty feet (Roo4O.00'), an arc distance of sixty-two and eighty-three hundredth feet (AJLs62.83'); theru:e the by western right-of-way line of Oak Lane the following three (3) courses 1) Scuth thirty-five degrees, forty minutes, eighteen seconds East (8 3So 40' IS" E), a distance of seventy-six and seven hundredth feet (76.07') to a point; 2) by a curve to the left, having a radius of two hundred twenty-five feet (Ra22S.00'), an arc distance of one hundred nine and seventy hundredth feet (AIL= 109.70'); 3) South sixty-three degrees,thirty.six minutes, twenty-four seconds East (8 630 36' 24" E), a distance of three and seventy-three hundredth feet (3.73') to a point; thence by Lots of Kingsbrook Section V Houth twenty- six degrees, twenty-three minutes, thirty.six seconds West (8 260 23' 36" VIi), a di!ltance of ninety-six and ninety-five hundredth feet (96,95') to a point; thence by tile same South forty-eight degrees, twenty-five minutes, forty-five seconds West (8 480 2!i' 45" W), a distance of seventeen and fourteen hundredth feet (17.14') to a point; then,:e by Lot No.8 North thirty-five degrees, forty minutes, eighteen seconds West (N 350 40' IS" W), a di!ltance of two hundred seventy-one and ninety-five hundredth teet (271.S5') to a point on the southern right-of-way line of Ridge Avenue; thence by said southern right-of-way line of Ridge Avenue North fifty-four degrees, nineteen minutes, forty-tw(, seconds East (N 540 19' 42" E), a distance of thirty-four and seventy-four hundredth feolt (34.74') to a point, the place of BegiDning. Said tract contains 20,178.37 square feet or 0.4632 acres. 08/18/05 16:16 FAX 7177311460 KOLLASMillNNEDY LEGAL DESCRIPTION LOT NO.8 SECTION vn KINGSBROOK All that certain lot or tract ofland located in North Middleton TowItlhip, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the southern right-of-way line of Ridge Avenue said point being located South fifty-four degrees, nineteen minutes, forty-two se:onds West (S 540 19' 42" W), a distance of seventy-four and seventy-four hundredth feet (74.74') from the intersection of the southern right-of-way line of Ridge Avenue wilh the western right-of-way line of Oak Lane (projected); thence from said point of Beginning, By Lot No.7 South thirty-five degrees, forty minutes, eighteen seconds East (8 35" 40' 18" E), a distance of two hundred seventy-one and ninety-five hundredth feet (l71.9:;') to a point; thence by Lots of Kings brook Section V South forty-eight degrees, tWenty-five minutes, forty-five seconds West (8 480 l5' 45" W), a distance of sixty and thirty-two hundredth feet (60.32') to a point; thence by Lot No.9 North thirty-five degrees, fort} minutes, eighteen seconds West (N 350 40' 18" W), a distance of two hundred seventy-eight and fifteen hundredth feet (278.15') to a point on the southern right-of-way lin.: of Ridge A venue; thence by said southern right-of-way line of Ridge A venue North fifty-four degrees, nineteen minutes, forty-two seconds East (N 540 19' 42" E), a di!:tance of sixty feet (60.00') to a point, the place of Beginning. Said tract contains 16,502.80 square feet or 0.3789 acres. ~007 08/18/05 16:16 FAX 7177311460 KOLLA!i&KENNEDY LEGAL DESCRIPTION WTNO.15 i SECTION VII I KINGSBROOK AU that certain lot or tract ofland located in North Middleton Townlhip, Cwnberland County, Pennsylvania, bounded and described as follows, to wlt: Beginllinl at a point on the southern right-of-way line of Ridge Avtnue said point being located the following three (3) courses from the intersection of 'he southern right-of-way line of Ridge Avenue with the western right-of-way line of Oak Lane (projected), 1) South fifty-four degrees, nineteen minutes, forty.two seconds West (S 540 19' 42" W), a distance of two hundred sixty-six and ninety-nine hundredth 'm (266.99') 1) by a curve to the right, having a radius of three hundred seventy-five fee-: (Rz375.00'), an arc distance of one hundred sixty-four and ninety-one hundredth feet (AIIA64.9l '), 3) South seventy-nine degrees, thirty-one minutes, twenty-seven seconds West (S 7fJ" 31' 17" W), a distance of forty-seven and forty-three hundredth feet (47,43'); 1hence from said point ofBeginIling, by Lot No. 14 South ten de~ twenty-eight minutes, thirty- three seconds East (S 10" 18' 33" E), a distance offour hundred twenty-ei ght and eighteen hundredth feet (428.18') to a point; thence by Lots of Kings brook Section V South forty-eight degrees, twenty-five minutes, forty"five seconds West (8 480 2S' 4S" W), a distance of seventy and seven hundredth feet (70.07') to a point; thence by Lot No. 16 North ten degrees, twenty-eight minutes, thirty-three seconds WeSt (N 100 28' 33" W), a distance offour hlUldred sixty-four and thirty-seven hundredth feet <464.37') to a point on the southern right-of-way line of Ridge A venue; thence by said SQuthern right- of-way line of Ridge Avenue North seventy-nine degrees, thirty-one minutes, twenty- seven seconds East (N 79.31' 27" E), a distance of sixty feet (60.00'); to a point, the place of Begilming. Said tract contains 26,776.55 square feet or 0.6147 a:res. ~008 08/18/05__16:16 FAX 7177311460 KOLLAS&KENNEDY ~009 LEGAL DESCRIPTION LOT NO. 16 SECfION VII : KINGSBROOK ' All that certain lot or tract ofland located in North Middleton Towru:hip, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the southernright-of-Wliy line of Ridge Averlue said point being located the following three (3) courses from the intersection oftlte southern right-of-way line of Ridge Avenue with the western right-ofCway line of Oa]. Lane (projected), 1) South fifty-four degrees, nineteen minutes, forty-two second!: West (8 540 19' 42" W), a distance of two hundred sixty-six and ninety-nine hlDlIlredth f~ (266.99') 1) by a curve to the right, having a radius of three hundred seventy-five feet (R=375.00'), an arc distance of one hundred sixty-four and ninety-one hundredth feet (AiL=I64.9I'), 3) South seventy-nine degrees, tbirty-one minutes, twenty-seven seconds West (8 79" 31' 17" W), a distance of one hundred seven and forty-three hundredth feet (107.43'); thence from said point of BegtDDing, by Lot No. 15 South ten degrees, twenty-eight minutes, thirty-three seconds East (8 100 28' 33" E), a distance of four hundred sixt:r-four and thirty-seven hundredth feet (464.37') to a point; thence by Lots of Kingsbrc,ok Section V South forty-eight degrees, twenty-five minutes, forty-five seconds West (8 4So 25' 45" W), a distance of fifty and forty-two hundredth feet (58.41') to a point; thence land now or late of John I. Taylor North forty-one degrees, twelve minutes, eighteen seconds West (N 41011' IS" W), a distance of two hundred ninety and forty-one hundredth feet (190.41') to a point; thence by Lots of Wertz Run Heights North fourteen ,:Iegrees, forty- five minutes, thirty-two seconds East (N 14" 45' 31" E), a distance of thirty-four and fifty-three hundredth feet (34.53') to an existing iron pin; thence by the sane North twenty degrees, forty-three minutes, eight seconds East (N 20" 43' Oli" E), a distance of two hundred forty-four and ninety-seven hundredth feet (144.97') to a poirlt on the southern right-of-way line of Ridge Avenue; thence by said southern right. of-way line of Ridge Avenue North seventy.nine degrees, thirty-one minutes, twenty-sev.m seconds East (N 79" 31' 17" E), a distance of forty-nine and ninety-seven hUildred1h feet (49.97'); to a point, the place ofBegjnning. Said tract contains 58,256.59 square feet or 1.3374 acres. . n ...., r r ../.. { c::-:> 0 '_::_;.l " (';.Jl -n i'- ~-~~ , U) -i f":-1 T -.0 n.j~ ..... J? I -8m " a; . )i:::'::; .,., ~ (~) ~ -0 C, "', --, ..' J~ j;' :~)irl C..) -.t ~ U': .:n .-< Qo ..... '-'\ e