Albin Estates of Stephens City Homeowners Association Inc ... · Albin Estates of Stephens City...

Albin Estates of Stephens City

Homeowners Association Inc.

AKA Albin Estates HOA

PO Box 567

Stephens City, Virginia 22655

Email: [email protected]

Web: www.AlbinEstates.com

Page 1 Compiled 8/21/2019

Table of Contents Page

Deed of Dedication 3 March 2005

Plat Map 20

Deed of Dedication Amendment 1 39 December 2005

Deed of Dedication Amendment 2 43 June 2010

Deed of Dedication Amendment 3 49 June 2019

Albin Estates HOA By-Laws 51 June 2010

Homeowners Handbook 57

Updated August, 2019


050013468

D££l> OF DEDICATION

ALBIN ESTATES OF STEPHENS CITY

OWNED BY:

WINCHESTER DEVELOPMENT, L.L.C., a Virginia Limited Liability Company

0533


THIS DEED OF DEDICATION, made and dated this b day of June. 2005 by and

between WINCHESTER DEVELOPMENT. L.L.C.. a Virginia Limited Liability

Company, party of the first part, hereinafter collectively called the Declarant, and COUNTY

OF FREDERICK. VIRGINIA, of the other part, hereinafter called County.

WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that

certain Final Subdivision Plat drawn by Randy A. Stowers, L.S., dated November 5,2004 and

revised March 23,2005, known as Albin Estates of Stephens City, which Final Plat is attached

hereto and incorporated herein by reference as if set out in lull. This is the same real estate

previously conveyed to the Declarant by that certain Deed recorded as Instrument Number

040017244, among the land records of Frederick County, Virginia; and,

WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat,

has been subdivided into lots for the construction of single family homes thereon (Lots 145

through 205, inclusive), and the hereinabove Final Plat shows accurately the metes and bounds

of the subdivided land, together wifit the dimensions of each Lot thereof and also shows certain

surrounding lands in said Subdivision to be used as public streets, open space, sanitary sewer

easements, utility, ingress-egress, drainage and signage easements, all of which shall constitute

a portion of that development known as Albin Estates of Stephens City. Those areas that are

marked as common areas are to be owned and/or maintained by Albin Estates of Stephens City

Homeowners Association iqjon the terms and conditions set forth hereinafter; and,

WHEREAS, the Subdivision of Albin Estates of Stephens City, as shown on the

aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the

desires of the undersigned Declarant, and the Declarant fiirdier desires to subdivide the

aforesaid real estate in accordattce with the |»ovisions of "The Virginia Land Subdivision Act"

as are applicable and in force and effect as of the date of execution of this Deed of Dedication.

NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH; That for and in

consideration of the premises and the benefits which will accrue by reason of this Dedication,

the Declarant does hereby subdivide all of that certain tract or parcel of land designated as

Albin Estates of Stephens City, lying and being situate in the County of Frederick, Virginia, and

being more particularly described by that certain Final Subdivision Plat of Albin Estates of

2

05G4


oO'* C f CJ^

Stephens City, by Randy A. Stowers, L.S., dated November 5, 2004 and revised March 23,

2005, (containing Lots 145 throng 205, inclusive) which Final Subdivision Plat is attached

hereto and incorporated herein as if set out in full.

FOR AND IN CONSIDERATION AS AFORESAID, The Declarant does further

dedicate all of the streets in Albin Estates of Stephens City, to Frederick Coimty, Virginia

(hereinafter sometimes referred to as **The County”) for public use, which streets dedicated

hereby are more particularly described by the hneinabove referenced Final Subdivision Plat of

Albin Estates of Stephens City.

PROFFERS: Albin Estates of Stephens City is a NON PROFFERED SUBDIVISION.

ARTICLE 1DEFINITIONS

Section 1. “Association” shall mean and refer to Albin Estates of Stephens City

Homeowners Association, Inc., a nonstock Virginia Corporation, its successors and assigns.

Section 2. “Common Areas” shall mean and refer to drat certain real property

described as open space, and such additions thereto as may hereafter be brought within the

jurisdiction of the Albin Estates of Stephens City Homeowners Association, Inc.

Section 3. “Lot” shall mean and refer to any of the Lots (Lots 145 through 205,

inclusive), designated upon the Final Subdivision Plat of Albin Estates of Stephens City with

the exception of the open space defined as “Common Areas” hereinabove.

Section 4. “Member” shall mean and refer to every person or entity who holds

membership in the Association.

Section 5. “Owner” shall mean and refer to the record owner, whether one or more

persons or entities, of a fee simple title to any Lot which is a part of Albin Estates of Stephens

City, as shown on the hereinabove referenced Final Subdivision Plat, including contract sellers,

but excluding those having such interest merely as security for the performance of an

obligation.

Section 6. “Existing Property” shall mean that property that has been subdivided

and placed of record as a section of the Albin Estates of Stephens City.

Section 7. “Declarant” shall mean and refer to Winchester Development, L.L.C., a

3


cr>COcrv

Virginia Limited Liability Company, or any other entity designated by Winchester

Development, L.L.C.,

ARTICLE nMEMBERSHIP

Every person or enti^ who is a record owner of a fee or undivided fee interest in any

Lot vdiich is subject by covenants of record to assessments by the Association, includiiig

contract filers, shall be a member of the Association. The foregoing is not intended to include

persons or entities who hold an interest merely as security for the performance of an obligatian.

Only one membership shall be accorded per Lot. Membership shall be appurtenant to and may

not be separated from ownership of any Lot which is subject to assessment by the Association.

Ownership of such Lot shall be the sole qualification for membership.

ARTICLE mVOTING RIGHTS

Each Member of the Association shall have one vote for each Lot owned in which said

Member shall hold the interest required for membership in Article II. When more than one

person holds such interest in any Lot, all such persons shall be Members. The vote for such Lot

shall be exercised as they among themselves determine, but in no event shall more than one

vote be cast in respect to any Lot nor shall any vote be fractionalized for foe purpose of voting.

BOARD OF DIRECTORS

The affairs of the Association shall be managed by a Board of not less than three (3), but

no more than five (5) directors, who must be members of the Association. The initial Board of

Directors shall be appointed by the Declarant and serve until the first armual meeting following

conveyance of foe first Lot in Albin Estates of Stephens City; thereafter, the Board of Directors

shall be elected by the Membership as determined in foe By Laws of the Association.

TREASURER

The Treasurer of the Association shall be bonded with the expense of such a fidelity

bond for said officer to be borne by foe Association.

ARTICLE jy.PROPERTY RIGHTS IN COMMON PROPERTIES

4


CD cn c .3

Section 1. MffmbgTSLEaSffmSBta. of Eni pymcm: Every Member shaU have a

right and easement of enjoyment in and to the “Common Areas”, specifically including, but not

limited to, the lights of ingress and egress across die aforesaid “Common Areas” and such

easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to

the following provisions:.

(a) : The rights of the Association, in accordance with its Articles and By Law, to

borrow money for the ptupose of improving the aforesaid “Common Areas”. The

Association is further empowered, widi the consent of at least two-diirds (2/3) of the

members, to mortgage the area in said Subdivision designated as “Common Areas” to

secure any such borrowed funds, but such mortgage shall be subordinate to the rights of

the Homeowners hereunder. In computing the required vote of the members in

coxmection with any such mortgage of the “Common Areas”, the Lots owned by the

Declarant shall not be included. All members shall be included. All members shall be

given notice of any such proposed mortgage of said “Common Areas” as set forth in

Paragraph (c), infra.

(b) : The rights of the Association to suspend the voting rights and the right to the use

of the “Common Areas” by a Member for any period during which any assessment

against his Lot remains unpaid; and for a period not to exceed thirty (30) days for any

infraction of its published rules and regulations.

Section 2. Assessments: Each OAvner of any Lot, by acceptance of a Deed therefor,

whether or not it shall be so expressed in any such Deed or other conveyance, is deemed to

covenant and agrees to pay to the Association (1) annual assessments or charges, and (2) special

assessments for capital improvements, such assessments to be fixed, established and collected

from time to time as hereinafter provided. The armual assessments, and special assessments,

together with such interest thereon and costs of collection thereof, as hereinafter provided, shall

be a charge on the land and shall be a continuing lien upon the property against which each

such assessment is made. Bach such assessment, together with such interest, costs and

reasonable attorney’s fee, shall also be the personal obligation of the person who was the

Owner(s) of such property at the time vriien the assessment fee was due. The personal

5


C3O'*COCO

obligation shall not pass to his successors in title unless expressly assumed by them, but shall

continue as a lien upon said Lot as set forth hereinabove.

Section 3. Purpose of Assessments: The assessments levied by the Association

shall be used exclusively for the following purposes, to-wit:

Improvements and maintenance of the “Common Areas”, and other common matters,

specifically including, but not limited to, payment of real estate taxes, repairs, maintenance and

repair of drainage and detention titcilities, maintenance and repair of street ii^ts and payment

of all utility charges therefor, maintenance and repair of utility and drainage easements, and

further, for the purpose of promoting the recreation, healtii, safety and welfare of the residents

in Albin Estates of St^hens City.

Section 4: Basis and Maximum of Annual Assessments: Until January 1 of

the year immediately following the conveyance of the first Lot to an Owner, the maximum

annual assessment shall be Two Hundred Dollars ($200.00) per Lot for ail Lots (Lots 145

through 205, inclusive):

(a) : The maximum annual assessment per Lot may be increased above that set forth

hereinabove by a vote of the Members for the next succeeding year and at the end of

each year’s period, for each succeeding period of one year, provided that any such

change shall have the assent of two-thirds (2/3) of the votes of Members who are voting

in person or by proxy, at a meeting duly called for this purpose, written notice of which

shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days

in advance of the meeting, setting forth the purpose of the meeting. The limitations

hereof shall not apply to any change in the maximtun and basis of the assessments

undertaken as an incident to a merger or consolidation in which the Association is

authorized to participate under its Articles of hicorporation.

(b) ; After consideration of current maintenance costs and future needs of the

Association, the Board of Directors may fix the armual assessments at an amount not in

excess of the maximum.

Section 5. Special Assessments for Capital Improvements: In addition to the

annual assessments autiiorized above, the Association may levy in any assessment year a

6


special assessment applicable to that year only, for the ptupose of deftaying, in whole or in part,

the cost of any construction or reconstruction, unexpected repair or replacement of a described

capital Improvement upon the “Common Areas”, specifically including, but not limited to

maintenance, repair and improvement of any Association-owned areas within said Subdivision,

including the necessary fbetures and personal property related thereto, provided that any such

assessment shall have the assent of two-thirds (2/3) of the votes of Members who are voting in

person or by proxy at a meeting duly called for this purpose, written notice of which shall be

sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of

the meeting, setting forth the purposes of the meeting.

Section 6. Quorum for anv Action Authorized Under Sections 3 and 4: At

the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of

Members or of proxies entitled to cast sixty-seven percent (67%) of all votes shall constitute a

quorum. If the required quorum is not forthcoming at any meeting, another meeting may be

called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum

at any such subsequent meetii^ shall be one-half (%) of the required quorum at the preceding

meeting. No such subsequent meeting shall be held more than sixty (60) days following the

preceding meeting.

Section 7. Date of Commencement of Annual Assessments - Due Pate: The

annual assessments provided for herein shall conimence as to all Lots on fite first day of the

month following the first conveyance of a Lot to an owner, other than the Declarant, except as

stated othervdse herein. The first annual assessment shall be adjusted according to the number

of months remaining in the calendar year. The Board of Directors shall fix the amount of the

annual assessment against each Lot at least thirty (30) days in advance of each annual

assessment period. Written notice of the annual assessment shall be sent to every Owner

subject thereto. The due dates shall be established by the Board of Directors. The Association

shall, upon demand at any time, furnish a certificate in writing signed by an officer of the

Association, setting forth the amount of the assessment and vhether the assessments on a

specified Lot have been paid. A reasonable charge may be made by the Board for the issuance

of these certificates. Such certificates shall be conclusive evidence of payment of any

7

GC90


O"' -

CD

assessment therein stated to have been paid. In addition the Association shall furnish, upon

I request, any disclosure required under Section 55-512, Code of Virginia. 1950, as amended.

Section 8. EffeotQfNon-Pavment of Assessments: Remedies of die Association:

Any assessments vdiich are not paid vhen due shall be delinquent. If the assessments are not

paid within thirty (30) days after the due date, the assessment shall bear interest firom the date of

delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an

action at law against the Owner personally obligated to pay the same, or file a Notice of Lien

among the land records and foreclose said lien against the property, and interest, costs and

reasonable attorney’s fees on any such action shall be added to the amount of such assessment.

No Owner may waive or otherwise escape liability for the assessments provided for herein by

non-use of the ^’Common Areas” or abandonment of his lot.

Section 9. Subordination of the Lien to Mortgages; The lien of the assessments

provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter

encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien.

However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree

of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof

which become due prior to such sale or transfer. No sale or transfers shall relieve such Lot

from liability for any assessments thereafter becoming due from the lien thereof.

Section 10. Exempt Property: The fallowing property subject to this Declaration

shall be exempt fiom the assessments created herein; (a) Any property owned by the

Association; (b) All properties dedicated to and accepted by a local public audiority; (c) Any

and all Lots owned by Declarant, or its designee(s) except for out-conveyances to third party

Lot owners in the regular course of business and in which the Declarant has no legal interest;

(d) All properties owned by a charitable or non-profit organization exempt from taxation by the

Ilaws of the State of Virginia; (e) All Lots for a period of nine (9) months fiom the date of the

Deed of Conveyance from the Declarant to any third party. However, no Lot with a residence

and occupied as a dwelling shall be exempt from these assessments. Any lot owned by Globe

USA at Albin Estates, L.L.C., Foreman Builders, Inc., and Hepler Construction Company, Inc.,

are also exempt.

8


cr>c

Section 11. Failure to Maintain “Common Areas”: In the event that the

Association, or its successors, shall &il to maintain the “Common Areas” in reasonable order

and condition, Frederick CounQr may take such action as authorized by Frederick Coimty’s

applicable Ordinance(s).

Section 12. Mergers: Upon a merger or consolidation of the Association with

another Association as provided in its Articles of Association, its properties, rights and

obligations may, by operation of law, be transferred to another surviving or consolidation

Association or alternatively, the properties, rights and obligations of another Association may,

by operation of law, be added to the properties, rights, and obligations of Association as a

surviving corporation pursuant to a merger. The surviving or consolidated Association may

administer the covenants and restrictions established by this Declaration with the Existing

Property together with the covenants and restrictions established upon any other properties as

one scheme. No such merger or consolidation, however, shall effect any revocation, change or

addition to the covenants established by this Declaration within the Existing Property except as

herein provided.

ARTICLE VI

USE, RESTRICTIONS AND COVENANTS

The sinê tiimily Lots in Albin Estates at Stephens City shall be subject to the

following restrictions, which are constituted covenants real to run with the laud:

1. All Lots shall be used for single-family residential puiposes only. No detached

garage or carport shall be permitted on any Lot. Any utility or other out building on any

Lot shall be of the same material and construction as the main structure on such Lot and

shall follow the same color scheme as the dwelling on said Lot.

2. No signs or advertising of any nature shall be erected or maintained on any Lot

except “For Sale” signs for said Lot which signs shall not exceed five (S) square feet in

area, or signs used by the Declarant to advertise the property during construction and

sale. No “For Rent” signs shall be allowed on any Lot.

3. No power boats, mobile homes, motor homes, campers, commercial buses,

trailers of any type, tractors, trucks or other motor yehicles (other than automobiles.

9


CDcr*ro

motorcycles, pickup trucks of 3/4 ton (or less) or vans shall be permitted on any Lot or

common area except during the coturse of construction. No motor vehicle or material

portion thereof, which does not have a current license and current Virginia inspection

sticker shall be permitted on any Lot or common area. No commercial or business

vehicle, of any type, unless excepted herein as to size, shall be allowed to park on any

Lot in said subdivision at any time, after the construction of a dwelling house has been

completed. This provision shall not apply to any vehicle ruimed herein that is kept

within the garage of the dwelling unit.

4. No animals of any kind (including livestock, poultry or birds) shall be permitted

on any Lot, except that dogs, cats and other usual household pets may be kept, provided

they are not kept, bred or maintained for commercial or charitable purposes or in

urmsual numbers and provided that persons shall use courtesy and care when weilking or

exercising their pets in such a marmer that promotes the safety and health of all owners.

5. No fence or hedge shall be constructed or planted in the front nor along the side

of any residence. Rear fencing and hedges shall not exceed six feet (6') in height. Ail

fencing shall be constructed of wood, composite lumber (TREX), masonry, iron or PVC

material. No chain link fencing shall be allowed.

On comer lots no fence or hedge shall be constructed or planted in the front nor along

the sides of any dwelling unit nor within twenty-five (25) feet of any public street.

6. No noxious or offensive activities shall be carried on upon any Lot nor shall

anything be done thereon which may be, or may become, an annoyance of nuisance to

the neighborhood.

7. In the event that a dwelling is destroyed, the Owner of the dwelling, within sixty

(60) days from said destruction, shall clear away the remaining portion of the dwelling

imit and maintain fiie Lot in a neat and orderly condition.

8. In the event a dwelling unit is damaged, ot has materially deteriorated, the

Owner of the unit shall immediately repair the damage or deterioration.

9. No Lot shall be used or muntmned as a dumping ground for refuse. Tra^,

garbage or other waste (refuse) shall be in sanitary containers and screened. No refuse or

10


EK*

CTD C- »

any container for same shall be placed or stored in front of any house, except on thfeîate

of refuse pickup.

10. Ko exterior clothes lines, or hanging device, shall be permitted on any Lot.

11. Every Owner shall provide his Lot with ofF-street parking space of at least 450

square feet, which may include all area in any driveway located on the Lot itself, to be

used by the inhabitants of the dwelling house located on said Lot. It is the intent of this

restriction that parking space for at least two (2) vehicles be provided. All driveways

are to be constructed of concrete and shall be installed per the specifications utilized by

the Virginia Department of Highvrays.

12. All Lots are subject to such ten foot (10*) Slope and Drainage Easement along all

rights of way, and a ten foot (lO*) Utility and Drainage Easement along all property

lines, except the front property lines shall be subject to such easements in the width of

twenty-five (25') feet.

13. There shall be no planting that impairs vision placed, or fences, shrubbery or

other obstruction maintained on any comer Lot which rises more than three feet (S')

above ground level within twenty-five feet (25') of the intersection of any street lines.

14. One-story houses shall have at least 1,750 square feet of living space. Two-story

houses shall have at least 1,100 square feet of living space on the first floor above

ground and a total living iâce of at least 2,000 square feet. Ail other house

configurations, such as, but not limited to. Cape Cod, Saltbox, Multi-Level and Tri-

Level shall have at least 2,000 square feet of usable, finished living space. Living space

shall be computed using outside foundation measures and shall be exclusive of carports,

garages aiKl basements. Roof pitch âll be at least 6/12".

The foundation of ail houses shall have a brick veneer or finished masonry other

than poured molded concrete or parget block from the house plate to the groimd surface,

which brick veneer or finished masonry shall be on the side of the house facing the

street and on the two sides of the house facing the side lines. No brick veneer or

finished masonry is required on the side of the house facing the rear property lines.

15. All Lots are required to observe any setback lines, and/or side lines and/or rear

11


CD o'k

yard lines as shown on the plat attached hereto in addition to those applicable

requiranents of any Cotmty Ordinance.

16. No building, structure, addition or exterior alteration (including basketball

backboards, rims and nets) or improvements of any character, shall be constructed on

any Lot or dwelling located thereon, unless the ‘*plan” of construction, including quality

of workmanship, design, colors and materials including siding specifications shall have

been approved in writing by the Declarant or in the event that Declarant so delegates

then by Albin Estates of Stephens City Homeowners Association, as being in harmony

with the whole single family section and especially the adjoining single family

residenfial proi>ertics.

17. All of the covenants and restricfions herein shall be binding and remain in full

force and effect for a period of ten (10) years from the date of this instrument and shall

be renewed automatically fbr an additional successive ten (10) year periods, unless

changed in accordance with Article X, Section 3, infra.

18. The validation of any one of die covenants or restrictions contained herein by

judgement or Court Order shall in no way affect any of the other provisions which shall

remain in full force and effect The failure of die Homeowners Associafion, Owner or

the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a

waiver of the right to do so fhereafier as to a default occurring prior or subsequent

thereto.

ARTICLE VII

EASEMENTS «& RESERVATIONS

Section 1. Public Utility and Drainage Easements: The property described

herein is. and shall be, subject to those certain easements or rights of way designated as Water

Easements, Sanitary Sewer Easements, Drainage Easements, Qas Easements, Utility Easements

and signage easements on any plat relatii^ to Albin Estates of Stephens City that have been

recorded or will be recorded (including the plat attached hereto), and including any plats adding

future sections. The Declarant does hereby grant and convey unto the County, or other agency

having jurisdiction thereof, a perpetual right of way or easement for the maintenance and repair

12


CDCTi

on

of the aforesaid easements and any related facility designated on the aforesaid plat as Water

Easements, Sanita^ Sewer Easements, Drainage Easements, Gas Easements and Utility

Easements.

Section 2. Maintenance of Drainage Easements and Detention Areas: The

maintenance of all drainage easements and detention areas located within the subdivision shall

be maintained by the Association and in the event that said Association does not maintain said

areas, and keep the same in good repair, then the Declarant and/or County, as the case may be,

may come upon said property and make necessary repairs and perform whatever maintenance is

necessary with the cost of the same to be borne by the Association and in the event that said

Association does not pay for said repairs and/or maintenance, when billed, then said charge

shall become a lien upon the property belonging to the Association. If requested, the

Association, -when the Declarant conveys the common, areas to the Association, agrees to enter

into any agreement absolving County of any and all liability with regard to said drainage

easements and/or detention areas.

Sections. Sidewalk Easements; All Lot Owners shall be entitled to free passage

over any sidewalks that are constructed and which run parallel with the streets in Albin Estates

of Stephens City and over any sidewalks so constructed wi& regard to additional properties -

added as a part of Albin Estates of Stephens City. All sidewalks shall be kept free of

obstruction and provided frirther that all Owners shall remove snow from the sidewalk that

transverses tiveit Lot.

Section 4. Siynage Easements; The Declarant reserves unto itself, its successors

and assigns, two certain sigmê easements located in the 40' inactive buffer between Warrior

Drive and Lots 171 and 172. This easement shall be located in a space 20' x 20'. The purpose

of said signage easements is to erect identification signage for the Albin Estates of Stephens

City Subdivision, and additional lands added thereto as provided herein and which signage shall

be maintained by the Albin Estates of Stephens City Homeowners Association, Inc.

Section 5. Reservations:

(a): The Declarant reserves unto itself, its successors or assigns, the right to erect,

maintain, operate and r^lace underground telephone and electrical conduits, related

13


ocrâ“cr»

equipment, and other facilities, sewer, gas, water and television lines and related

equipment, and other utility equipment where such utility lines and equipment are

located within the easements reserved herein or as set forth on the Final Subdivision

Plat of Albin Estates of Stephens City and over the “Common Areas”, as needed,

provided that such easements shall not interfere with the use and enjoyment of the

“Common Areas”.

ARTICLE XI

GENERAL PROVISIONS

Section 1: Enforcement: The Association, and/or Declarant, its successors or

assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all

restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed

by the provisions of this Deed of Dcclamtion. Failure by the Association, Owner, or Declarant,

its successors or assigns, or by any Owner to enforce any covenant or restriction herein

contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which

the Association, and/or the Declarant, its successors or assigns, or any Owner shall incur in the

successful enforcement of the restrictions, conditions, covenants, reservations, liens, and

charges, now or hereafter imposed, shall be borne by the party against which action is taken and

which costs shall include reasonable attom^’s fees, costs, and damages.

Section 2. ' Severability; Invalidation of any one of the provisions contained herein

by judgement or court order shall in no way affect any other provision which shall remain in

full force and effect.

Section 3. Amîdment: The provisions of this Declaration shall run with the land

and bind the land, and shall inure to the benefit of and be enforceable by the Association and/or

the Declarant, or the Owner of any Lot subject to this Declaration, their respective legal

representatives, heirs, successors and assigns, for a term of ten (10) years from this Declaration

is recorded, after which time, said covenants shall be automatically extended for successive

periods often (10) years, as described under ARTICLE VI. Restriction No. 17. supra. The

covenants and restrictions of this Declaration may be amended during the first ten (10) year

period by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners,

14


o^

and thereafter, by an instrument signed by not less than sixty percent (60%) of the Lot Owners.

Any amendment must be properly recorded among the land records of Frederick County,

Virginia.

Section 4. Dissolution: Upon dissolution of the Association, other than incident

to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate

public agency to be used for purposes similar to those for vsdiich die Association was created.

In the event such dedication is refused acceptance, such assets shall be granted, convêd or

assigned to any non-profit organization, for similar purposes.

The Subdivision of the land as shown on the plat of Albin Estates of Stephens City

attached hereto, or future plats to be recorded, is with the ftee consent and in accordance with

the desire of the undersigned Declarant, and is in con&innity with the provision of “The

Virginia Land Subdivision Acf' as are applicable, together with the applicable ordinances and

regulations of the governing body of the County, or other agency having jurisdiction thereof.

The designated “Common Areas” are not dedicated hereby for use by the general public

but are dedicated to the common use and enjoyment of the members in Albin Estates of

Stephens City.

WITNESS the following signature and seal:

WINCHESTER DEVELOPMENT, L.L.C., a Virginia Limited Liability Company

XSEAL)RONALD L. DANIELS, Manager/Member

IMAN, Manager/Member

.(SEAL)Manager/Member

15


a / « JO' r" <

caCO

CO

STATE OF VIRGINIA

COUNTY OF FREDERICBC, To-wit:

Ii Cathy Nl. Jewell, a Notaiy Public in and for the State and Jurisdiction aforesaid, do

hereby certify that Ronald L. Daniels, as Manager/Member a duly authorized officer of

Winchester Development, D.L.C., whose name is signed to the foregoing Deed of Dedication

dated the 3*^ day of June, 2005 has personally appeared before me and acknowledged the same

in my State and jurisdiction aforesaid.

Given tmder my hand this 3"* day of Jime, 2005.

My commission expires: 12/31/08.

: < ^ Notaiy^Public

STATE OF VIRGINIA

COUNTY OF FREDERICK, To-wit:

I, Cathy M. Jewell, a Notaiy Public in and for the State and jurisdiction aforestdd, do

hereby certify that Anthony W. Foreman, as Manager/Member a duly authorized officer of

Winchester Development, L.L.C., whose name is signed to the foregoing Deed of Dedication

dated the 3"* day of June, 2005 has personally appeared before me and acknowledged the same

in my State and jtnisdiction aforesaid.

Given under my hand this

My commission expires: 12/31/08.

- 0 ro •, t- •v’ -.

y oav of June, 2005.

1c

►a- Notary Public

16


• IHi

c=>O'*

STATE OF VIRGINIA

COUNTY OF FREDE3U[CK, To-wit:

I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do

hereby certify that David M. Hepler, as Manager/'Member a dixly authorized officer of

Winchester Development, L.L.C., whose name is signed to the foregoing Deed of Dedication

dated the 3'^ day of Jtme, 2005 has personally appeared before me and acknowledged the same

My commission expires: 12/31/0°

T1iMiniwneniwM[pg»pawdby

EdwaB YOK

KSuytmidaB, iolwMea, MeJC«c A Butter, r UC

112 Sautk Cotwoh SiTMi

WfaidHaer. Vtmî 22«0I

(S40)d«2 J4Sd

Ci\M»DOCS\P«*dofO«4»CftelonMa3XN£STIkrK.OOD.wpd 17

I Page 19 Compiled 8/21/2019

VICINITY MAP SCALE: 1" - 1,500'

APPROVED BY:FREDERICK COUNTY SUBDIVISION ADMINISTRATi

FREDERICK COUNTY SANITATION AUTHORI

VIRGINIA DEPARTMENT OF TRANSPORTATION

DATE^l_A;2yeli'

__________ DATE 5

OWNER'S CONSENT;THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF VWNCHESTER DEVELOPMENT, L.L.C. AS APPEAR&ON THE ACCOMPANYING PLATS. IS WITH THE FREE CONSENT AND IN ACCORDANCE WIJH-TH^.^âg jF THE UNDERSIGNED OWNERS. PROPRIETORS AND TRUSTEES. IF ANY.

(bATE)

NOTARY BUBUC

i 71

•^rCITYPOOUNTY o'^ CO ''' ‘

BUBUC ^ ^ f / , ,^ 7 L RINTY OF f^<iyx

MY COMMISSION FXPIRF?;

THE FCWgGOlNG INSTRUMENT WAS ACKNO^SgCED BEFORE ME ON BY

s'tPate 7 /Vt'^•(N^T/^Y- PUBLKp ’

SURVEYOR'S CERTinCATEI. RANDY A. STOWERS. A DULY UCENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA. HEREBY CERTIFY. TO THE BEST OF MY KNOWLEDGE AND BELIEF. THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO WINCHESTER DEVELOPMENT, L.L.C. BY DEED RECORDED AT INSTRUMENT 040017244 AMONG THE LAND RECORDS OF FREDERICK COUNTY. VIRGINIA.

FINAL SUBDIVISION PLATALBIN ESTATES

OF STEPHENS CITY(FORMERLY ALBIN VILLAGE SECTION 4)

OPEQUON MAGISTERIAl. DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER S. 2004 REVISED: MARCH 23. 2005

PATTON HARRIS RUST ê ASSOCIATESA PROFESSIONAL CORPORATION

CONSULTING ENCINEERINa — LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(540) 667-2139 SHEET t OF ta


AREA SUMMARYTOTAL AREA: 27.4796 ACRES AREA IN LOTS: 19.2606 ACRESAREA IN OPEN SPACE: 4.1335 ACRES »AREA IN R/W: 4.0835 ACRES u-lNUMBER OF LOTS: 61 ___AVERAGE LOT SIZE: 13.754 SO. FT.SMALLEST LOT SIZE: 12.000 SO. FT.DENSITY: 0.45 LOTS/ACRE

PARENT PARCEL 75-((A))-75B. ZONED: RP

MINIMUM SETBACK REQUIREMENTSFRCWT - 35‘REAR = 25‘SIDE «• 10’

NOTESPERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPUANCE WITH LOCAL ORDINANCES.

A DRAINAGE AND UTIUTY EASEMENT IS HEREBY DEDICATED ACROSS ALL OPEN SPACES.

CURVE TABLECURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD

Cl 240.00 35X>5’24" 146.98 75.88 N43*03*07"W 144.70C2 290.00 27'59'14“ 141.66 72.27 N11*30'49"W 140,25C3 240.00 . 93*25*00" 391.30 254.76 S4413*42"E 349.38C4 810.00 9*52*18* 139.56 69.95 S36ir52"W 139.38C5 210.58 30*16*28" 111.27 56.96 N10*21*59"W 109.98C6 282.77 60*32*36“ 298.80 165.05 S25*30*03"E 28a09C7 327.00 57*54*13" 330.47 180.90 S84-43*27"E 316,58C8 275.00 44*04*42“ 211.56 111.33 S3a*ir57"E 206.38C9 500.00 37*18*09" 325.53 16a77 S7a*59*23"E 319-81

CIO 215.24 4615*00" 173.74 91.92 N74*30*58"W 189.07C11 338.72 36*55*07" 218.26 113.07 830*54*21"W 214.50C12 237.58 12*5a'54" 53.83 27.03 N0r43*12"W 53.71C13 255.77 60*32*38" 270.27 149.29 S25*30*03"E 257.87Cl 4 300.00 4216*43“ 221.37 116.00 S76*54*42"E 216.38Cl 5 354.12 15»3r40" 96.59 48.60 N74*08*06"E 96.29ae 25.00 50*44*05" 22,14 11.85 N40*5r23*E 21.42C17 54.00 281*28*10" 265.28 44.14 N23*40*34"W 6a35Cl a 25.00 50*44*05" 22.14 11.85 N88*18*32"W 21.42Cl 9 35.00 8819*50" 53.96 33.99 522*09*31-W 4a77C20 24a OO 3819*53' 165.91 86.20 S41*10*21“E 162.84C21 35. CX) 92*2a*(»' 56.49 36.54 N73*25*39"E 50.55C22 25.00 50*44*05“ 22.14 11.85 N0r49*33"E 21.42C23 54.00 281*28*10" 265.28 44.14 N62*4e*24"W 66.35C24 25.00 50*44*05" 22.14 11.85 S52*33*38"W 21,42C25 35.00 92*09*02" 56.29 36.34 Siei52*5S"e 50.42

.

RNAL SUBDIVISION PLATALBIN ESTATES


OPEQUON MAQSTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER 5. 2004 REVISED: MARCH 23. 2005

PATTON HARRIS RUST & ASSOCIATESA PROFESSIONAL CORPORATION

CONSIATINC ENGINEERINC - LAND SURVEY7NG - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22501

_______________________ (540) 667-2139_________SHEET 2 OF 16


CURVE TABLE ............CURVE RADIUS DELTA LENGTH TANGENT BEARING tXORDC26 473.00 .SS'fVPr 269.82 13&6g S81T7*57-E 266.17

C27 242.24 8*04’54- 34.17 17.11 S86*23*59"W 34.14C28 35.00 69’55'44" 42.72 24.47 N55^8*35"E 40.11C2d 363.72 i9nro2" 121.78 61.47 S30-06'14."W 121.21C30 25,00 46’04'00" 20.10 10.63 N16*39*4S"F 19.56031 54.00 281X)4'5a" 264.91 44.45 N45*49*4S"W 68.64032 25.00 56*34»1S- 24.66 13.45 S66*25*35"W 23.69C33 313.72 14*24M4» 7a87 39.64 530-56*21"W 78.66C34 35.00 a7'S9*25" 53.75 33.79 S20*15*29"E 48.62C35 242.24 12-S1‘43" 54.38 27.30 N57*49*19*W 54.27C36 50.00 a7-20'46" 76.22 47.74 N84156*09“E 69.05C37 50.00 92-26‘26“ 80.67 52.18 N051O*15"W 72.20038 (OMITTED^C39 860.00 7-oy27* 105.93 63.03 S37*42*4S"W 105.86C40 188.24 4615’00“ 151.95 80.39 N74*30*5a"W 147.86C41 527.00 37*18’09“ 343.11 177.88 S78-59*23"E 337.08C42 302.00 4o-oy29“ 211.32 110,19 S4017*34"E 207.03C43 35.00 76-5r49" 47.01 27.82 N5a*43*44"W 43.56C44 354.00 41-26’18* 256.02 133.90 S76*29*29"E 250.48C45 309.77 60’32'36” 327.33 180.61 S25-30‘03”E 312.31048 183.58 30*31*27" 97.80 50.09 N10*29*28"W 96.65C47 300.00 10-59*14" 57.53 26.85 S61*15*58"E 57.44048 300.00 20-32*35" 107,56 54.37 S77X)1*53*E 106.99C49 3oaoo 10-44*54" 56.28 28.22 N87T9*23"E 56.20C50 354.12 8*51*01" 54.70 27.40 N77:31*25"E 54.65C51 54.00 55-or44" 51.96 28.19 S43*09*t3"W 49.98C52 54.00 S1'Ori7“ 48.18 25.83 N83*43’16"W 46.60C53 54.00 50*33*18" 47.65 25.50 N32*S2*5a"W 46.12C54 54.00 50-33*18" 47.65 25.50 N17*40*20"E 46.12C55 54.00 74-06*32" 69.85 40.77 Nao-oo’iB'E 65.08C56 248.00 25*45*18" 111.48 56.70 S34*53*03"E 1ia54C57 248.00 12*34*36" 54.44 27.33 S54T)3*00"E 54.33058 54.00 69*2r36- 85.46 37.43 St1*t1*19*W 61.53059 54,00 42*49*14" 40.36 21,17 S67*19*44“W 39.42C60 54.00 57-25*52" 54.13 29.58 N62*32*43"W 51.89C61 54.00 51*22*50" 48.43 25.98 N0aX)8*22"W 46.82C62 54.00 60*22*38" 56.90 31.41 N47*44’22"E 54.31C63 473.00 7*30*05" 61.93 31.01 S68*42*28"E 61.88C64 473.00 11*40*41" 96.41 48.37 S7ai7*51-E 96.24C65 473.00 11*07*12" 91.80 46.05 589*41•48“E 91.66C86 473-00 2-23*03" 19.68 9.84 N83-33*04-“E 19.68C67 242.24 8'04*54" 34.17 17.11 S86-23*59"W 34.14C68 363.72 11*35*22" 73.57 36.91 S26T8*24"W 73.45C69 363.72 7*35*40" 48.21 24,14 S35*53*55"W 48.18C70 54.00 7*11*39" 6.78 3.39 S02*48*25"E 6.78C71 54.00 71-08*46" 67.05 38.62 S36*23*47“W 62.63072 54.00 57*27*34" 54.15 29.60 N79*18*03”W 51,91C73 54.00 47-33*20" 44.82 23.79 N26*4r36"W 43.54C74 54.00 64-02*33" 60.36 33.77 N29X>0*2O"E 57.27075 54.00 33*41*07" 31.75 16.35 N77*52*10"E 31.29C76 242.24 1111*41" 47.33 23.74 N5S*39*21"W 47.25C77 242.24 1 •40*03“ 7.05 3.53 N52’13*29"W 7.05078 188.24 9*55*08" 32.59 18.33 N56*21*02"W 32.55079 188.24 3619*51" 119.36 61.76 N79*28*32"W 117.37C80 527.00 0*27*06" 4.15 2.08 N82*35*08"E 4.15C81 527.00 8*43*34“ 80.26 ^.21 N87-10*26"E 80.18C82 627.00 7^53*27" 69.51 34.81 S84*41*03"E 69.46

FINAL SUBDIVISION PLATALBiN ESTATES

(M^ STEPHENS QTY(FORMERLY ALBIN VILLAGE SECTION 4)

C»>EQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA


PATTON HARRIS RUST 8c ASSOCIATESA PROFESSIONAL CORPORATION

CONSULTING ENGINEERING - LAND SURVEYING ~ PLANNING 117 E. PICCADILLY STREET, VMNCHESTER. VIRGINIA 22601__________________<=«> _____ SHÊT . 0, W


O’*cn

CURVE TABLE ’CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORDcas 527.00 7-38*46- 70.33 35.22 S77*04*57”E 70.28C84 527-00 7-33‘37" 69.54 34.82 SS9*2a*45“E 69.49085 527.00 5*21*38" 49.31 24.67 863*01‘OV'E 49.29cas 302.00 5-20*31" 28.18 14.09 S57*40*02“E 28.15C87 302.00 11*54*04" 62.73 31.48 S49*02*45”E 62.62css 302.00 11*54*04” 62.73 31.48 S37'0a*40”E 62.62C89 302.00 10*56*49” 57.70 28.94 S25*43*14"E 57.61C90 354.00 10*32*29" 65.13 32.66 Naa*03*36"E 65.04C91 354.00 aaysii. 61.67 30.91 S8r40*44"E 61.59092 354.00 ^1*25*13” 70.66 35.40 S70^*42“E 70.44C93 354.00 9-29*45” 58.67 29.40 S60r31*13”E 58.60C94 309.77 9*58*01" 53.69 27.01 S50-4r20"E 53.82C95 309.77 11*18*65" 61.18 30.69 S40’08‘52”E 61.08C96 309.77 12*58*58- 70.19 35.25 S27*59*55"E 70.04C97 309.77 ■ 12*49*14” 69.31 34^80 S16*05*49”E 69.17C98 309.77 12^4*07” 69.75 35.03 S0214*08"E 69.61C99 309.77 0*33*20" 3.00 1.50 S04*29*35”W 3.00Cl 00 40.00 18*39*23” 13.02 6.57 S45-42*26”W 12.97C101 50.00 2^2*21” 2.51 1.25 N49*57*17"W 2-51Cl 02 354.12 6-46'39" 41.89 20.97 N69-42*35"E 41.87Cl 03 25.00 26*40*16” 11.64 5.93 N13*51*28"E 11.63Cl 04 25.00 24*03*49” 10,50 5.33 N11 *30*35" W 10.42Cl 05 113.41 30*45*09” 80.87 31.19 N17*59*33“W 60.14Cl 06 290.00 13*53*44" 70.33 35.34 N04*2a*04"W 70.16Cl 07 290.00 14T)5*30" 71.32 35.84 N18*27*41 ”W 71.14

UNE TABLEUNE BEARING LENGTH

LI N88*4B*27”E 2.15*L2 N80-0a*08"E 18.68*L3 S68*03’00”W 16,91*L4 S26*34*22”W 14.74’L5 S36*20*51"W 18.42*L6 S41*14'39"E 17.irL7 S3e"36*32“W 9.57*L8 N16*50'55*E ^9.07*La N29*39*41”E 10.00*

L10 .. 863*30*13"E 36.60'L11 S1B*25*02”W 3.14*L12 Na0'O8*08"E 18.22*L13 S37l0a*69"E 90.61*LI 4 SI 5108*14"E (0

L15 SI 5108*14”E 60.24*L16 N26’34*34"E . 38.03*L17 N40*46*11"E 18.90*LI 8 S4914*49”E 20.00*LIS S60*20*ia"E 10,42*L20 S81*45*S6"W 18.43*L21 ■ N85*09*10"W 82.62*L22 N89*39'30"W 0.5TL23 N29139*42“E 4.83*L24 S5a*01*36"E 53.63*L25 N58*40*09”W 9.52*


OF STEPHENS aiY(FORMERLY ALBIN VILLAGE SECTION 4)

OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA


PATTON HARRIS BUST & ASSOCIATESA PROFESHWie*. CORPORATION

CONSULTING ENGINEERINil^ - EAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. VmCHESTER, VIRGINIA 22801


KEY SHEET CTk C-'t

LOT INDES^l6Ts SHEET14^-147 6

148-151 7152-155 8156 18157-162 17163-168 16169-171 15I^'S-ITS 14

“r7B=Teo IS181-186 12187-192 11193-199 10200-203 9204-205 a

-"S


OF STEPHENS OTY^FORMERLY ALBIN VILLAGE SECTION 4-)

OPEOUON MAdSTCraAL OlStRiCT FREI^RICK COyNTY. VIRQNIA

SCALE: AS SHOWN DATE: NOVEMBER S. 2004- RE\nSCDl MARCH 23. 200S

PATTON HARRIS RUST ie ASSOCIATES A professional COTPORATION

CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRQNIA 22601

(540) 567-2139________________________________________________SHEET 5 OF 18


N60*35'49"W41.29^

(DlOtoo>.^1pi

CM C/>

20* STORM«A dra>nage:

%

^0.36'

WATER

■ kUJ fn«-> 5 —Q. ri ztn 5 OS-S

IxjS3-

04!î

CM*COi

\ LOT12.023

\

145

LOT 14612.000 SF

, ^'W V

\ ^ / LOT 147 ;> y.\ / < 12.000 SF

LOT 199FR§Z

PARCEL ”B” OPEN SPACE 81,626 S.F. 1.8739 Ac.

739.94' (TOTAL)

N y.

/o'

S60*20'45’*Elot 200

DERICKTOWN ESTATES

K iipECTH^N

2137.69* CtoTAlJLOT 204

10

GRAPHIC SCALE3» SO too

1 Inch “• 60 ft.

FINAL SUBDIVISION PLATALBIN ESTAIES

OF STEPHENS CATY___(FORMERLY ALBIN VILLAGE SECTION 4)

OPEC»JON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER S. 2004 REVISED: MARCH 2S. 2009

PATTON HARRIS RUST 6e ASSOCIATES A PROFESSIONAL CORPORATION

CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(540) 667-2139__________________f qf tg


c::jCOc-n

LOT 147

^ ✓iO,

4/^.<<, d/<^

LOT13,

%%

75-((A))-75C EARL R. & ANJTA 0. DIXON

D.B. 818, PG, 176 ZONE: RP USE, RES.

'\

\

^<â!> C ^5' BRC~1 I I---------- *'^

\ fi% ir 1'!

^ // ^2733’sF . j /fe I5o3p ‘i0 L.OT 151^1°/ -J t f 150SC/Sp 12,000 SF.^SBrlca/k^- y 1^ 'P rt

'V ^§:-26Ls?L_j^y, ... „ , ( ig'aPARCEL ”B”^^ ------- 25_8gL_J J l__

OPEN SPACE81,628 S.F. 1,8739 Ac.

-954.821

• ■ » «“251 egL

s5^*46'2i-r/-

LOT 204

SECTION 10

_____________739.94* (TOTAL)S60’20*45**E T

LOT 216 'FREDERICKTOWN

SECTION n \. D.B. 851. PG.994 >

(TOTALJ

"2137.69' (TOTALJ

LOT 217 ESTATES

LOT 218

\\ \

GRAPHIC SCALE


OF STEPHENS OTY(FORMERLY ALBIN VILLAGE SECTION 4)

OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER 5. 20C34 REVISEO: MARCH 2:S, 2003

PATTON HARRIS RUST & ASSOCIATES A PR(XTSSIONAL CORPORATION

consulting ENCINECRINC - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601

(540) 667-2139_______________________ L____________________SHEET 7 OF 18


75-((A))-75C earl R. Sc ANITA D. OIXON

D.B. SIS. PC. 176 ZONE: RP USE: RES.

LOT 203

PARCEL "A” OPEN SPACE 36.421 S.F. 0.8361 Ac

:t^3413‘39 *37.68* „OST-Ji:?' ------ #27 33'

-la-Qci

RTE. H.sn----------------

^ LOT 20516.111 SF

— ---- .35.' 8fil_______ 1 'miER ESMT £13.00'

N.

p' DRAINAGE ,SMT.

N6917*54’'E —10.00^

■10.00'

LOT 20i\t%12.228 SF

81 T

i22^^-Sg* rTT S55*54'39"E S57*25*16“E^®^‘^5'16-E ^7.22* 114.^'^^ ^•23LJ§S^'S>^

sSTgr —

f^'gl LOT 152I;

LOT 156DRAINAGE ESM1

1-j 12,000 SF or03

jj', I LOT 153 IslaL, 12.000 SF

I"! I

L

-^'bblJ I i_

f739.94'

LOT D AC>r'

LOT 218

PARCEL ’*B” OPEN SPACE 81,628 S.F. 1.8739 Ac.

J@/sLS°T2i’^J K' 13.832 SF-ia«'^

iCfi

I \ LOT...,1 IHflTS*? cp-c>CO

QBil I1

iTdS*5?

LOT 219

FREDERICKTOWN

SECTION 111

D.B. 851,1 PG.994

-45.12'45Ê2137.69*

LOT 220 ESTATES

Trorr

J.

A|T

25’ BRL ^

JP3.051.

LOT 221

GRAPHIC SCALEso 100

1 inch ■> 60 fL



OPEOUON MACISTeRIAI. DISTRICT rRCOCRtCK COUNTY. VIRGINIA


PATTON HARRIS RUST & ASSOCIATES A professional cck^poration

CONSULTING ENGINEERING - LAND SURVEYING - PLANNMC 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601

(640) 667-2139_________________________ L--_____________________ SHEET 6 OF te


75-((A))-104 JAS80. INC.

D.8. 634. PG. 449ZONE: RPB2

USE: VACANT

GRAPHIC SCALEtoo

1 inch •• 50



OPEQUON MAQSTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER S. 2004 REVISED: MARCH 2S. 200S


CONSULTING ENGMEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(540) 667-2139_____________________ LJ__________________ SHEET 9 OF 18


CD-OX

j.. — T___/ 190.98 --------- -r-r-szz---------- '

10.00-ESMT-n

75-«A»-W JASSO. iNa ZONE: Rf«2

c_nv-O

10.00*

N3T50':^“E 10.00' 63.7^

LOT 19816,621 SF

S64*:^'45 E 106.81*

*^20^ DRAIN. ESMT.

LOT 19718,386 SF

’o-^—

LOT 19613,821 SF

RAIN.ESMT.

LOT 192

S60‘20*ia**E 307.11' (TOTAL)CHARDONNAY PRtVE s60-20'18**e

54’ R/W 391.88* (TOT.)S60-20*ia"E 391.88* (TOTAL)

GRAPHIC SCALEgs lo K» ft Oxl?-

1 inch "■ BO ft.


OF STEPHENS QTY(FORMERLY ALBIN VILLAGE SECTION 4)

OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRCIKIIA

SCALE: AS SHOWN DATE: NOVEMBER 5. 2004 REVISED: MARCH 23. 200S


CONSULTING ENCINEERINC — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(5401 667—2139 _^ ' SHEET 10 OF ia


1472.42!_(TQT^) , ^-----------"“ 0sr\* rsDAlM --i______ —----- — I cRO'I S^*52’00"E

92.40*

L-io.OO’20* DRAINAGE ESMT.

LOT 18719,403 SF

LOT 18816,043 SF

•VOL-BFy— jr- N63‘06‘AQ^189.33*___

To* BRL

LOT 18915,834 SF

CQI IQ to' BRL ____ ____ —1

I

20* DRAINAGE ESMT.

■7cjS6r45*56”W /q

lO.OOS

.44 20* DRAINr- - ,-----

1^^ ill LOT 191q|S I I ' 13.593 SFng loti92 5^£I— 12,493 SF UJ ?p o p

00-^ n IW* §_ js: BSt _J • 1_ 351 BEL _l'8 L Jal BEL Jl/1|

- !-• loiOC eS miSho

85.10*

^5.£P'_ __J________ SÔiJLI’lS'E 307.1 T (total)

to

-WATER ESMT. I

S60*20*

CHARDONNAY DRIVE54’ R/W S

S60'20*18''E 391.88* (TOTALl __

T

DRAINAGE ESMT:

391.88* (TOTAL)

.ÊE SHEET 14____



OPCQUON macistcrial district FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER S, 2004 REVISED: M^CH 23. 2003

PATTON HARRIS RUST 8c'^j^SSOCIATESA PROFESSIONAL CORPORAJiON

CONSULTIKB ENaNEERINC - LAND SURVqf^G - PLANNING 117 E. PICCADILLY STREET, WINCHESTER: VIRCINfA 22601

(340) 667-2139 ____ .—" iLimaPage 30 Compiled 8/21/2019

N62'’S2M 3"W 1472.42^(T0TAL) -----

MO.OO'O’ DRAINAGE I

ESMT. '

LOT 18519,170 SF

p- -Ô’

LOT 184 ’Â14,132 SF 178

Z__________10"^^N62*5Tia“^

____19V70:._■Rr BF?ir

LOT 18313.848 SF

I 10’ BRl 562^1^8*^

81.43’^ ^ lot 180

p25 BRC^ ^ \ |_Q^

"\..................................................... '

?-'Mv, ^.*31 12.oi <j*0

1«1 fca-4ro a>^

106 SF OA

391.88’SEE SHEET 14

chardonnay_dri^

54’ R/'W

GRAPHIC SCALEO 2S M too

1 inch 50 ft

FINAL SUBDIVISION PLATALJBIN ESTATES


_ opCQum magisterial districtFREDERICK COUNTY. VIRGINIA



CONSULTmC ENCINEERINC - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

C540) 667-2139_________________________ _____________________ SHEET 12 OF IF


75—20HE: bpautumn woods. U.C VACANT

N62*52’13 W 1472.42 (TOTAL) LJB ‘

cr»ro

191.75-

CfS

20,499 SF

"25’ BRL

LOT 17613.563 SF

Uj

--^s ^§/ jLu

tjjCO

~Js \

îUjI h:

I LOT 171

GRAPHIC SCALE0 25 90 too

1 inch B 50 fL

FINAL SUBDIVISION PLAT AIBIN ESTATES

OF STEPHENS OTY (FORMERLY ALBIN VILLAGE SECTION 4)

OPCQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN OATE: NOVEMBER S. 2004 REVISED: MARCH 23. 2005


CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. mCCADIUY STREET. WINCHESTER. VIRGINIA 22601

(540) 667-2139______________________________________________ SHEET 13 OF iB


N62'52*13“Vi>

75—C(a))—1040 20t4E: RPAUTUM woods. U.C USE: VACANT D.B. 919. P0> 1745

1472.42' (TOTAL)

O'*C3^CO

GRAPHIC SCALEp 2a so leo

1 Inch *■ SO ft.

FINAL SUBDIVISION PLATALBtN ESTATES

OF STEPHENS ClTf(FORMERLY ALBIN VILLAGE SECTION 4)

OPEOUON MAGISTERIAL DISTRICT______ FREDERICK COIWTY. VROINIASCALE; AS SHOWN DATE; NOVEMBER S. 2004

REVISED: MARCH 23. 2005PATTON HARRIS RUST & ASSOCIATES

A PROFESSIONAL CORPORATION CmSULTING ENGINEERING — LAND SURVEYING - PLANNING

117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601 CS40) 667-2139

—------------------------------ --- ---------------aiS6I,H <?f IfilPage 33 Compiled 8/21/2019

o

GRAPHIC SCALEo as 90 too

I inch SO ft.



OPEQUON MAGISTERIAL (MSTCICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOM^tBER S. 2004 REVISED: MARCH 23. 2009

PATTON HARRIS RUST Sc ASSOCIATESA professional CORPORATION

CONSULTING ENGINEERING - LAND SURVEYING - PLANNING ii7 E. PICCMMLLY STREET. WINCHESTER. VIRGINtA 22901

(540) 667-2t39.gE-Lg


LOT 191 S . '---------- ----------------------

GRAPHIC SCALEp » to 100 \

I inch ->50/1.



OPCQUON UAOSTERIAl. DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN DATE: NOVEMBER 5, 2004 REVISED: MARCH 23. 2005

PATTON HARRIS RUST Sc ASSOCIATESA PROFESSIONAL CORPORATION

CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(540) 667-2139 _______________________________________________ SHEET 16 OF„ld


^1.96' LOT 163r SEE SHEET 16 25-72

S29-36’01-W 149.88*I To’IRl-^ LOT 162

12,002 SFUlViooi

•l ' •<

Ho z3

LOT 163

L_ 10* 8RL__S29^4?W

149.89* lO.OOM’ I--------- =R>'"gRL—

Ik lot 16112,002 SF

S29-43*00"W

—1

30.8

S 1^ 1§

13,456 SF

GRAPHIC SCALE0 3ft 90 too

L. __ to* BRU I

rr —LOT 159 ^12.673 SF

-------JO* «

^/?4

LOT 15815.775 SF

LOT 156



OPEQUON magisterial DISTRICT FREDERICK COUNTY. VIRGINIA

SCALE: AS SHOWN OA1E: NOVEIfiaER S. 2004 REVISED: MARCH 23. 2005


CONSULTING ENCINCERINO — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601

(S40) 667-2139SHEET 17 OF Id


o

I—o> LUUJ3:o CO

LiJC/) //

o*>cr»—j

oiOI

Oa.

-20* DRAINAGE - ESMT. 40

00

QQO

GRAPHIC SCALEas 90 too

1 Inch - SO ft.



OPEQUON MAGISTERIAL DISTRICT FREOEfUCK COUNTY. VIRGINIA

SCALE: AS SHOMN DATE: NOVEMBER 5. 2004 REVISED: MARCH 23. 2005

PATTON HARRIS RUST Sc ASSOCIATESA PROFESSIONAL CORPORATION

CCmSULTINC ENGINEERINC - LAND SURVEYING - PLANNING M7 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 2280t

(540) 667-2139_________________________________________ sifss.1.15


VIRGINIA; FP.EDERICK COUNTY. SCT.This jnstruincnt »f wriiing was proOucoU to nf« on

Jjl... .mill*

and wtih nl :ivkn«'wJ«ji!y<.'n*cnt tlic/t-io itnnitxcdwas aJmiifcU lo record. T »nipiy;evl by See. 58.1-802 of

. and 58 J-801 have been paid, if assessable

.Oerk


7677-118EBY/cmj

THIS AMENDED DEED OF DEDICATION, made and dated this 19™ day of

December. 2005 by Winchester Development. L.L.C.. a Virginia L>imited Liability

Company, Foreman Builders. Inc., a Virginia Corporation, Globe USA at Albin Estates.

L.L.C.. a Virginia Limited Liability Company and Henlcr Construction Company. Inc., a

Virginia Corporation, hereinafter called the Declarant.

WHEREAS, by Deed of Dedication dated June 3, 2005 of record in the Office of the

Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 050013468, the

Declarant dedicated and placed restrictive covenants on the development known as Albin

Estates at Stenhens City, aitd;

WHEREAS, the parties here to tvish to add a covenant regarding mail boxes, and;

NOW THEREFORE, THIS AMENDED DEED OF DEDICATION WITNESSETH:

That for and in consideration of the premises and the benefits which will accrue, the Declarants

hereby add an additional restrictive covenant:'

MATI., BOXES; The only mail box allowed in the subdivision shall be the Mail

Boxes Plus model MP-lOO in the color black. If this model is no longer available it shall be

replaced by a comparable and similar model. The Declarant herein reserves the right to approve

or disapprove any replacement.

WITNESS the following signature and seal:

WINCHESTER DEVELOPMENT, L.L.C.. a Virginia Limited Liability Company

RONALD L. DANIELS, Manager

FOREMAN BUILDERS, INC., a Virginia Corporation

By:

qDGLOBE USA at ALBIN ESTATES, L.L.C., a Virginia Limited Liability Company\

-3CfSEAL'l

V RON.ALD L. DANIELS, Manager

1


.(SEAL)

STATE OF VIRGINIA

ECCSSr/COUNTY OF FREDERICK , To-wit:

I, Cathy M. Jewell , a Notary Public in and for the State and

jurisdiction aforesaid, do hereby certify that Ronald L. Daniels, as Manager a duly authorized

officer of Winchester Development, L.L.C., whose name is signed to the foregoing Deed of

Dedication dated 19'*’ day of December, 2005 has personally appeared before me and

acknowledged the same in my State and jurisdiction aforesaid.

Given under my hand this 19'*’ day of December, 2005.

My commission expires December 31. 2008

STATE OF VIRGINIA

, To-wit;SXDf/COUNTY OF FREDERICK

j a Notary Public in and for the State andI, Cathy M. Jewell

jurisdiction aforesaid, do hereby certify that Anthony W. Foreman, as President a duly

authorized officer of Foreman Builders, Inc., whose name is signed to the foregoing Deed of

Dedication dated 19"' day of December, 2005 has personally appeared before me and

acknowledged the same in my State and jurisdiction aforesaid.

Given under my hand this 19"’ day of December, 2005.

My commission expires December 31. 2008

V

2

'jm


STATE OF VIRGINIA

«mr/COUNTY OF FREDERICK____________, To-wit:

I, Cachy M. Jewell__________________ , a Notary Public in and for the State and

jurisdiction aforesaid, do hereby certify that Ronald L. Daniels, as Manager a duly authorized

officer of Globe USA at Albin Estates, L.L.C., whose name is signed to the foregoing Deed of

Dedication dated 19* day of December, 2005 has personally appeared before me and

acknowledged the same in my §tate and Jurisdiction aforesaid.

Given under my hand this 19* day of December, 2005.

My commission expires December 31, 2008

Notary Pubfic

STATE OF VIRGINIA

€lW/COUNTY OF FREDERICK________ . To-wit:

I. Cathy M. Jewell______________ , a Notary Public in and for the State and

Jurisdiction aforesaid, do hereby certify that David M. Hepler, as President a duly authorized

officer of Hepler Construction Company, Inc., whose name is signed to the foregoing Deed of

Dedication dated 19* day of December. 2005 has personally appeared before me and

acknowledged the same in my State and Jurisdiction aforesaid.

Given under my hand this 19* day of December, 2005.

My commission expires December 31, 2008

VIRGINIA; FREDERICK COUNTY. SCT.Ibis instrument of writing was produced to tne on

——ax•md with certificate of acicaowledgemcnc thereto annexed WM admitted to record. T imposed by See. 5$.1-602 ofwa.*! admittci

., aad 5S. 1-801 have been paid, if assessable

,Oerk

Ct '.MP&OCSN9ci«aof Dttdlcfci >cn\wlnel:e9tttrdrjV. *ocd.M)Kt 3

I

ww



10000G2 O

r\)o

SECOND AMENDED DEED OF DEDICATIONfor

ALBIN ESTATES OF STEPHENS CITY

WHEREAS, Winchester Development, LLC, A Virginia Limited Liability Company, as the Declarant, filed a DEED OF DEDICATION for ALBIN ESTATES OF STEPHENS CITY dated June 3, 2005, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virgina at Instrument No. 050013468, and,

WHEREAS, Winchester Development, LLC, A Virginia Limited Liability Company, Foreman Builders, Inc., a Virginia Corporation, Globe USA at Albin Estates, LLC, a Virginia Limited Liability Company, and Hepler Construction Company, Inc., a Virginia Corporation, as the Declarant, filed an AMENDED DEED OF DEDICATION for ALBIN ESTATES OF STEPHENS CITY dated December 19, 2005, recorded in the Office of the Clerk of the Circuit Court of Frederick Coimty, Virginia at Instrument No. 050029500, and,

WHEREAS, the provisions of the said Declaration run with the land; and

WHEREAS, Virginia Code §55-515.1(D) permits a Declaration to be amended by a two-thirds vote of the owners; and

WHEREAS, Article XI of the Declaration provides that the covenants and restrictions of the Declaration may be amended during the first ten (10) year period by an instrument signed by not less than seventy-five percent (75%) of the owners; and,

WHEREAS, there are a total of 61 lots subject to the Deed of Dedication for Albin Estates of Stephens City and the initial amendments thereto; and,

WHEREAS, the undersigned, all of whom are owners of record of lots subject to the Deed of Dedication for Albin Estates of Stephens City and the initial amendments thereto, agree to modify and amend certain provisions of the aforesaid Deed of Dedication.


NOW THEREFORE, the undersigned owners, for themselves, their heirs, executors, administrators, successors and assigns do hereby agree that the portions of the said Deed of Dedication identified herein shall be modified and amended as hereinafter provided, with the understanding that all remaining provisions of the original Deed of Dedication remain in force as set forth in the original Deed of Dedication for Albin Estates of Stephens City. Accordingly, the following provisions of the said Deed of Dedication are modified and amended as follows:

ARTICLE m -VOTING RIGHTS

Board of Directors -

The affairs of the association shall be managed by a Board of not less than three (3), but no more than seven (7) directors, who must be members of the Association. The Board of Directors shall be elected by the Membership as determined in the By-Laws of the Association.

ARTICLE V - Reserved

ARTICLE VI- USE, RESTRICTIONS AND COVENANTS

The single family Lots in Albin Estates at Stephens City shall be subject to the following restrictions, which are constituted covenants real to run with the land:

1. All Lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such Lot and shall follow the same color scheme as the dwelling on said Lot. Any deviation from the use of the same material, construction, or color scheme as the main structure shall require written approval of the Albin Estates of Stephens City Homeowners Association Board of Directors; and, otherwise comply with the ARC guidelines.

I

0121


o

rors3

3. No power boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks or vans of 3/4 ton or less) shall be permitted on any Lot or common area except during the course of construction. No motor vehicle, material portion thereof or parts, which do not have a current license and current Virginia inspection sticker, shall be permitted to be parked on any Lot or common area. No commercial or business vehicle, of any type, unless excepted herein as to size, shall be allowed to park on any Lot or common area or street within the subdivision at any time, after the construction of a dwelling house has been completed. This provision shall not apply to any vehicle that is kept within the garage of the dwelling unit.

8. In the event any portion of a dwelling unit or the dwelling unit’s landscaping, sidewalk, or driveway is damaged, or begins to visibly deteriorate from its original condition, the Owner of the lot shall, within (60) sixty days from the date of damage or first signs of visible deterioration, repair the damage or restore the deteriorated portion(s) of the property.

ARTICLE VII - EASEMENTS & RESERVATIONS

Section 4. Signage Easements: The Association reserves unto itself, its successors and assigns, two certain signage easements, one located in the 40' inactive buffer between Warrior Drive and Lots 171 and 172, and the other in common area and such location as may be designated by the Association for such purpose. Such easement shall be located in a space 20' x 20'. The purpose of said signage easements is to permit identification signage for the Albin Estates of Stephens City Subdivision, and additional lands added thereto as provided herein and which signage shall be the property of the Association, and shall be controlled and maintained by the Albin Estates of Stephens City Homeowners Association, Inc.

Article VIII - Reserved

Article IX - Reserved


ARTICLE XI - GENERAL PROVISIONS

Section 1: The Association its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Deed of Declaration, it's By- Laws, or any other rules, regulations, restrictions, conditions, covenants, approved by the Association. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages.

The provisions of the Virginia Property Owner’s Association Act contained at Virginia Code §55-508 et. seq. shall specifically apply to this Declaration.

Witness the following signatures and seals:

Property Address

5.

oi2a


Certification of Principal Officer of the Association Pursuant to Virginia Code §55-515.1(F)

I, James E. Spring, hereby certify, as the duly elected President of the Albin Estates of Stephens City Homeowner’s Association, Inc., that there are a total of 61 lots subject to the Deed of Dedication for Albin Estates of Stephens City and its subsequent amendment, that the foregoing record lot owners, as evidenced by their signatures, have agreed to additional amendments to the Deed of Dedication and its initial amendment, and that as such, the requisite majority of lot owners have signed the foregoing instrument entitled Second Amended Deed of Dedication evidencing their agreement to same.

State of Virginia County of Frederick

I hereby certify that James E. Spring, as President, and duly authorized officer of Albin Estates of Stephens City Homeowner’s Association, Inc., whose name is signed to the foregoing Certification pursuant to Virginia Code §55-515.1(F) has personally appeared before me and acknowledged the same in my state and jurisdiction.

Given under my hand this /?/ day of ,2010.

My Commission Expires: iz |j | -zc? i z. .

Registration No. 11^ ^


\ ;

/

V

I


190006070

This Third Amended Deed of Dedication for Albin Estates of Stephens City Homeowners Association, Inc., is made this 24th day of June, 2019 by the Association as an amendment to the previous Deeds of Dedication recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as herein listed:-Original Deed of Dedication ("Declaration") dated June 3,2005, Instrument number 050013468,-First Amended Deed of Dedication dated December 19,2005, Instrument number 050029500, and -Second Amended Deed of Dedication dated July 1,2010, Instrument number 100006202.

in accordance with the provisions of the Declaration, Albin Estates lot owners, for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree that the portions identified herein of the said Declaration, together with its previous amendments, shall be modified and amended as hereinafter provided, with the understanding that all remaining provisions of these instruments remain in force.

ARTICLE I DEFINITIONS

Section 8. "Single family" or "single-family" shall mean a single person, or two or more persons related by blood or marriage or other legal instrument, occupying a dwelling, living together and maintaining a household, and which, unless approved by the Association Board of Directors, may not include more than three persons not related to at least one other person occupying the dwelling, living together and maintaining the household, shall be deemed to constitute a single family.

Section 9. "Tenancy" shall mean use or occupancy of a property granted by the owner to a single-family tenant for a period of time via an agreement, such as a lease or rental agreement, in exchange for compensation.

ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIESSection 4: Basis and Maximum of Annual Assessments: The maximum annual assessment shall be Two Hundred Fifty Dollars ($250.00) per Lot for ail Lots (Lots 145 through 205, inclusive):

(The provisions of Section 4 subsections (a) and (b) remain in force as originaliy stated).

ARTICLE VI USE, RESTRICTIONS AND COVENANTS19. Leasing: (a) No lot or the home thereon shall be used for hotel-like or other transient use or occupancy.(b) Tenancy agreements shall be for a minimum six-month initial term.(c) Tenancy shall not be granted to any lot or home unless the tenancy agreement is for the entire lot and home, granting the tenants equal access to ail areas of the lot and home.(d) Any tenancy agreement shall be subject to the tenant's compliance with the Association rules and regulations.

PI of 2,6/24/2019 10:09:00 AM

9025


~D' ' •, CD

C^)Orocr»

(e) The Association may charge a fee not to exceed $50 for any tenancy agreement with an initial term of less than twelve months.(f) The Association may require the lot owner to provide the Association with the names and contact information of the tenants, and with their consent to the rules and regulations of the Association.(g) No more than 20% of the total number of the lots and homes in Albin Estates may be under tenancy agreement at any given time, and no owner may own more than 12% of the lots and homes.

Certification of Principal Officer of the Association Pursuant to Virginia Code §55-515.1(F):

I, Matthew Aaron Throckmorton, as the duly elected President of Albin Estates of Stephens City Homeowners Association, Inc., hereby certify that the requisite 60% majority of lot owners have agreed to this Third Amendment to the Deed of Dedication and have signed an instrument evidencing their agreement to the same. \

For: ity Homeowners Association

Date:Matthew Aaron Throckmorton, President

Commonwealth of Virginia County of Frederick, Virginia

I hereby certify that Matthew Aaron Throckmorton, as President and duly authorized officer of Albin Estates of Stephens City Homeowners Association, whose name is signed to the foregoing Certification, has personally appeared before me and subscribed and sworn to the same on this *1.^ day of . 2019.

Notary Public

My Commission Expires ___________

SUSANAWCHAEL NOTARVPUajC

OMMONWEALTH OF VRCaHIA MY COMMISSION EXPIRES AUO. 31.8020

COMMISSION « 7S17«J1

In the Clerk's Office of the Circuit Court of Frederick County, Virginia

This instrument of writing was presented to me on at 10'. 01 fl/nand with Certificate of Acknowledgement thereto annexed, was admitted to record. Clerk's fee of PD and imposed tax of M/A (if any per §58.1-801 et seq.) have been paid.

Attest:Depu.1vClerk

P2 of 2,6/24/2019 10:09:00 AM


BY-LAWSOF

ALBIN ESTATES HOMEOWNERS ASSOCIATION, INC.

ARTICLE I

DEFINITIONS

SECTION 1. "Association" shall mean and refer to ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, a non stock Virginia Corporation, its successors and assigns.

SECTION 2. "Properties" shall mean and refer to that certain real property described as Access Easement and such additions as may hereafter be brought within the jurisdiction of the Corporation.

SECTION 3. "Lot" shall mean and refer to any of the lots designated upon the plat of ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, now recorded or hereafter recorded, with the exception of the Access Easement.

SECTION 4. "Member" shall mean and refer to every person or entity who holds membership in the Associate. All members must be a record owner of a fee or undivided fee interest in a lot, or the spouse of a record owner, unless otherwise designate by owner of the record.

SECTION 5: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot in ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. ■

SECTION 6: The "Act" shall mean and refer to the Property Owners' Association Act of the Code of Virginia (1950), as amended. Section 55-508, et seq., and ail amendments thereto.

CD

CO

ARTICLE II

INCORPORATION OF SUBDIVISION AND RESTRICTIVE COVENANTS AND ACT

SECTION 1. The Deed of Subdivision and Restrictive Covenants of ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, Section 1, dated the 3rd day of June, 2005 and recorded the 17th day of June, 2005 of record in the Clerk's office of the Circuit Court of Frederick County, Virginia instrument #050013468 together, with any amendments thereof which are duly recorded in said Clerk's Office are herein referred to and by this reference set out in writing.

ARTICLE III

LOCATION

SECTION 1. The principal office of the Association shall be located at the residence of the Secretary of the Association, or at such other office as is agreed to by the Directors.


o

ARTICLE IV

MEMBERSHIP

COrv>

SECTION 1. The Deed of Subdivision and Restrictive Covenants of ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, Section 1, dated the 3rd day of June, 2005 and recorded the 17th day of June, 2005 of record in the Clerk's office of the Circuit Court of Frederick County, Virginia instrument #050013468, together with any amendments thereof which are fully recorded in said Clerk's Office, are herein referred to any by this reference set out in writing.

SECTION 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of and becomes a lien upon the property against which such assessments are made a part hereof as stated above and as set forth in the Property Owner's Association Act of the Code of Virginia (1950) as amended, Section 55-508, et seq.

SECTION 3. The membership of rights of any person whose interest in any of the lots is subject to the assessment under the aforesaid Deed of Subdivision and restrictive Covenants and Act are personally obligated to pay such assessment, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments by the Association. Ownership of such a lot shall be the sole qualification for membership.

ARTICLE V

VOTING RIGHTS

SECTION 1. The Deed of Subdivision and Restrictive Covenants and the Property Owners' Association Act herein referred to are by this reference set out in writing.

SECTION 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of and becomes a lien upon the property against which assessments are made as provided in the aforesaid Deed of Subdivision and Restrictive Covenants and Act, and by this reference set out in writing.

SECTION 3. The membership rights of any person whose interest in any of the lots is subject to assessments under the aforesaid Deed of Subdivision and Restrictive Covenants, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments remain unpaid; but upon payment of such assessments, his rights and privileges shall automatically be restored. The Association shall have one (1) class of voting membership. Each Member shall be entitled to one (1) vote for each lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any lot.

ARTICLE VI

BOARD OF DIRECTORS

SECTION 1. Directors shall be elected at the annual meeting of Members or at a special meeting called for that purpose as provided by law by a plurality of the votes cast at such election. Directors shall serve until the date herein fixed for the next annual meeting of Members and until the election of their respective successors. Directors must be members. There shall be a minimum of three (3) Directors and a maximum of seven (7) Directors. The Directors shall not be paid a Director's fee, but shall be reimbursed their reasonable expenses.


ARTICLE VII

NOMINATION AND ELECTION COMMITTEE

O

COCO

SECTION 1. Election to the Board of Directors shall be by vote taken at the annual meeting or of such other meeting called for such purpose. At such meeting, the Members or their proxy may cast, in respect of each vacancy, as many votes as they are entitled to exercise under the provisions of the recorded covenants applicable to the Properties. The names receiving the largest number of votes shall be elected. The terms of the Directors shall be two years.

SECTION 2. It shall be the responsibility of a Nominating Committee to oversee the tabulation of the votes and to report the results of the voting for electing of Directors at the annual or other special meeting at which such elections are held. The secretary shall ascertain that any member casting a vote by proxy is acting pursuant to a valid proxy. The Board of Directors shall not be required to disclose to anyone the vote of any member or his proxy.

ARTICLE VIII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

SECTION 1. The Board of Directors shall have the power:

(a.) to call special meetings of the Members whenever it deems necessary and it shall call a meeting at any time upon written request of one-fourth (1/4) of the voting Membership as provided in Article XI, Section 2, of these By-Laws.

(b.) to appoint and remove at the pleasure all officers, committees and committee chairpersons, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these By-Laws shall be construed to prohibit the employment of any Member, Officer, or Director of the Association in any capacity whatsoever.

(c.) to establish, levy, and assess, and collect the assessments of charges referred to in Article IV, Section 2, of these Bylaws. Further, for good cause shown, the Directors shall have the express authority to exempt and or/ defer any lots in said subdivision from liability for any assessments, or portion thereof.

(d.) to adopt and publish rules and regulations governing the use of the common properties and facilities and the personal conduct of the Members and their guests thereon.

(e.) to exercise for the Association of all powers, duties and authority vested in or delegated to this Association, except those reserved to the meeting or to Members in the covenants.

(f) . to adopt, publish, and enforce rules and regulations governing the maintenance, repairs, improvements of Lots and/or Dwellings, and the safety and welfare of the members and guests in the subdivision of ALBIN ESTATES OF STEPHENS CITY , INC., aka ALBIN ESTATES.

(g) . to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, rules, regulations, reservations, liens and charges, now or hereafter, imposed by the provisions of the Deed of Declaration, it’s By-Laws, or any other rules, regulations, restrictions, conditions, covenants, approved by the Association. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs, and damages.

(h.) in the event that any member of the Board of Directors of this Association shall be absent three (3) consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting during which said third absence occurs, declare the office of said absent Director to be vacant.


SECTION 2. It shall be the duty of the Board of Directors:

(a) , to cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof|M[® Members at the annual meeting of the members or at any special meeting when such is requested in writing bylt^Pfourth

(1/4) of the voting Membership, as provided in Article XI, Section 2 of these By-Laws.

(b) . to supervise all officers, agents, and employees of this Association, and to see that their duties are properly preformed.

O(c.) as more fully provided in the Deed of Restrictive Covenants and Restrictions applicable to the property: —

CaJ>(1) to fix the amount of the assessments against each lot for each assessment period at least thirty (30)^ys in advance of such date or period, due date for assessments shall be August 15, 2007, and at the same time each year thereafter;

(2) to prepare a roster of the Properties and assessment applicable thereto which shall be kept in the Office of the Secretary and shall be open to inspection by any Member, and at the same time;

(3) to send written notice of each assessment to every Owner subject thereto. To cause delinquency notices to be sent at thirty (30) and sixty (60) days delinquent. Final Notice before Legal Action will be sent at seventy (70) days delinquent. Such notices shall bear a collection fee of $30.00 plus all applicable postage fees.

(4) to issues, or to cause an appropriate officer to issues, upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid.

(5) to comply with the provisions of the Property Owners' Associate Act and in conjunction therewith, to prepare and make available to any lot owner upon request and association Disclosure Packet with the fee therefore to be determined by the Board of Directors.

ARTICLE IX

DIRECTOR'S MEETINGS

SECTION 1. A regular meeting of the Board of Directors shall be held quarterly, on the 2nd Tuesday of the first month of each Quarter. The meeting shall be held at the residing president's home.

SECTION 2. Notice of such regular meeting is hereby dispensed with.

SECTION 3. Special meetings of the Board of Directors shall be held when called by any officer of the Association or by two Directors after not less than three (3) days notice. Emergency meetings may be called as necessary, with forty-eight (48) hours notice to each Director. Such notice need not be in writing.

SECTION 4. The transaction of any meeting of the Board of Directors, however called and noticed, or wherever held, shall be as valid as though made at a meeting duly-held after regular call and notice of a quorum is present, and if either before or after the meeting, each of the Directors not present signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records and made a part of the minutes of the next meeting.

SECTION 5. the majority of the Board of Directors shall constitute a quorum thereof.

ARTICLE X

OFFICERS

SECTION 1. The officers shall be President, Vice President. Secretary, and Treasurer. All such officers shall be Members of the Board of, Directors, or an agent appointed by the Board of Directors.

SECTION 2. The officers shall be chosen by a majority vote of the directors. The terms of office for each officer shall be one year.


SECTION 3. All officers shall hold office at the pleasure of the Board of Directors..COcn

SECTION 4. The President shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all notes, checks, leases, mortgages, deeds and all other written instruments all necessary. Vice-President shall serve as President in the absence of the president.

SECTION 5. The Secretary of the Board of Directors, or an Agent appointed by the Board of Directors, shall record the votes and keep the minutes of all proceedings in a book to be kept for that purpose. He/She shall sign all certificates of membership. He/She shall keep the records of the Association. He/She shall record in a book kept for that purpose the names of all the Members of the Association, together with their addresses as registered by such Members (Article XI, Section 3 of these By-Laws).

SECTION 6. The Treasurer, or an Agent appointed by the Board of Directors shall receive and deposit in appropriate bank accounts all the monies of the Association and shall disburse such funds as directed by the Board of Directors, provided however, that a resolution of the Board shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board of Directors.

SECTION 7. The Treasurer, or Agent appointed by the Board, shall keep proper books of account and present an accounting of the Association books to Membership at the completion of each fiscal year. He shall prepare a quarterly budget and a quarterly balance sheet statement and the budget and balance sheet statement shall be presented to the Membership at its regular annual meeting.

ARTICLE XI

MEETINGS OF MEMBERS

SECTION 1. The regular meeting of the Members shall be at such times as may be fixed by the Board of Directors but in no event shall be later then twelve (12) months after the date of the previous annual meeting. In addition to the election of Directors, Members shall conduct such other business allowed by law.

SECTION 2. Special meetings of the Members for any purpose may be called at any time by the President, the Secretary, or Treasurer, or by any three (3) or more members of the Board of Directors, or upon written request of the Members who have a right to vote one-fourth (1/4) of all the votes of the entire membership.

SECTION 3. Notice of any meeting shall be given to the Members by the Secretary. Notice may be given to the Member either personally or by sending a copy of the notice through the mail, postage thereon fully prepaid to his address of. record. Each member shall register his address with the Secretary and notices of meetings shall be mailed to him at such address. Notice of any meetings, regular or special, shall be mailed or delivered at least two (2) weeks in advance of any meeting and shall set forth in general the nature of business to be transacted, provided however, that if the business of any meeting shall involve an election governed by Article VII of these By-Laws or any action governed by the Articles of Incorporation or the Covenants applicable to the Properties, notice of such meeting shall be given or sent as therein provided. The presence at the meeting of Members or of proxies entitled to cast twenty-five percent (25%) of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting , another meeting may be called subject to the applicable notice requirement set forth in these by-Laws and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

ARTICLE XII

PROXIES

SECTION 1. At all corporate meetings of Members, each Member may vote in person or by proxy.

SECTION 2. All proxies shall be in writing and filed with the Secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale by the Member of his home or other interest in Properties.


ARTICLE XIII

CD

COcx>BOOKS AND PAPERS

SECTION 1. The books, records and papers of the Association shall at all times during normal business hours or at a mutually convenient time and location, and upon five (5) days' written notice, be subject to the inspection of any Member. In addition, the provisions of the Act pertaining to access to Association records are hereby incorporated by reference as if set out in full.

ARTICLE XIV

AMENDMENTS

SECTION 1. These By-Laws may be amended at a regular or special meeting of the Members by a vote of the majority of a quorum of Members present in person or by proxy provided that those provisions of these By-Laws which are governed by the Articles of Incorporation may not be amended except as provided in the Articles of Incorporation or applicable law; and provide further that any matter stated herein to be which is. in fact, governed by the Deed of Restrictive covenants and Restrictions and applicable law; and provided further that any matter stated herein to be or which is, in fact, governed by the Deed of Subdivision and Restrictive Covenants and Act applicable to the Properties may not be amended except as provided in such Deed of Subdivision and Restrictive Covenants and applicable law.

Section 2. In the case of any conflict between the Deed of Dedication aka Articles of Incorporation, and these By-Laws, the articles shall control; and the case of any conflict between the Deed of Subdivision and Restrictive Covenants applicable to the Properties and these By-Laws, the Deed shall control; and in the case of any conflict between the provisions of the Property Owner's Association Act the code of Virginia (195), as amended. Section 55-508, et seq., and these By-Laws, the provisions of said Act shall control.

WITNESS WHEREOF, we being all of the Directors of ALBIN ESTATES OF STEPHENS CITY HOMEOWNERS ASSOCIATlOf^NG., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION, have hereunto set our signatures this

, day of^^/Vg . 2010

ALBIN ESTATES OF STEPHENS CITY HqÊOWNERS ASSOCIATION, INC., aka ALBIN ESTATES HOMEOWNERS ASSOCIATION

Date:President

ByCamille Nemr /

By nJ KA .̂"Vice President

Norma MonaceW " ^ Treasurer

'UE'Sedretary

\ât4n)>nacelli . a Director

Linda GoodmanDate

Director


Albin Estates Homeowners Handbook

SECTION I

Introduction

• The planning and design that have been an important part of the deveiopment of out community benefit all residents.

• The purpose of design guidelines is to assure resident that the standards of design quality will be maintained. This, in turn, protects property values and enhances the community’s overall environment.

• This booklet is designed to address all exterior alterations made by homeowners to their property.

• This authority for maintaining the quality of design in the community is founded in the bylaws, which are a part of the deed to every property. The bylaws establish both a Homeowners Association and the necessary committees.

• The rules and regulations are binding on all homeowners, current and future and need to be fully understood my each homeowner.

SECTION II

Objectives

• The overall objective of this document is to serve as a guide to both the Architectural Review Committee members and homeowner’s in maintaining and enhancing a carefully designed environment.

• These guidelines and standards address improvements for which homeowners wili most often submit applications to the Architectural Review Committee.

• They are not intended to be all-inclusive or exclusive, but rather serve as a guide to what improvements may be made in the community.

The spedfiif objectives of this booklet are:

• To assist homeowners in preparing an acceptable application for submittal to the Architectural review Committee.

• To increase homeowner’s awareness and understanding of the covenants and restrictions established in the Deed of Dedication, the Bylaws, and rules and regulations in this handbook.

• To describe the organization and procedures involved with the architectural standards established by the Deed of Dedication and its Bylaws.

• To illustrate basic design principles, which will aid each homeowner in developing exterior improvements that are in harmony with the immediate neighborhood and community as a whole.

• To provide uniform guidelines to be used by the Architectural Review Committee in reviewing applications in light of the goals set forth in the Founding Documents of the community and the actions of the Albin Estates HOA Board of Director’s.

1Page 57 Compiled 8/21/2019


Section III

All exterior alterations will require the approval of the Architectural Review Committee

• All improvements, alterations, repairs, change of paint colors, excavations, changes in grade or other work which in any way alters the exterior of any home, permanently or temporarily, or the exterior appearance of one’s property must be approved by the Architectural Review Committee. Once a plan is approved it must be followed or the Architectural Review Committee must approve a modification unless otherwise specified in this document.

• Each application will be reviewed on an individual basis. There are not any “automatic” approvals unless provided for specifically in these guidelines. For example, a homeowner who whishes to construct a deck or fence identical to one already approved by the Architectural Review Committee is still required to submit an application.

Section IV

Architectural Submissions Format

• A sample of the form, which must be used in applying for approvals, is attached as “Exhibit “A”. Generally, the following items shall be part of every application.

A Site Plan

• A site plan is most easily prepared by submitting a copy of the house location plat. Proposed changes will be indicated including dimensions and the distances from property lines.

Material and Color

• Specify materials and provide samples of the colors to be used as well as an indication of the existing colors and materials. Where materials and/or colors are compatible but different from those of the existing structures, samples of color chips shall be submitted for clarity.

Drawings and Photographs

• A graphic description must be provided, and may be in the form of manufacturer’s literature or photographs as well as freehand or mechanical drawings. The amount of detail should be consistent with the complexity of the proposal. If appropriate, plans or provisions for landscaping or grading, ext. should be shown as they affect the applicant’s house and they relate to adjacent houses. In any case, the sketch or photograph should be accompanied by a written description.



Review Procedures

• All applications will be submitted to the Architectural Review Committee. The application will be reviewed for completeness. If the application is complete the review process may begin. If not, the application will be returned to the homeowner for additional information. The application must contain the street address, lot number, lot owner and contact phone number. The Architectural Review Committee has thirty (30) days to review a completed application. The Architectural Review Committee will send the decision letter to the applicant’s address within that thirty (30) day period.

Appeal of the Albin Estates Architectural Review Committee Decision

• An appeal procedure exists in the event that the homeowner disagrees with the Architectural Review Committee . To initiate the appeals procedure the applicants or other affected residents must submit a written request for an appeal within (20) twenty days of the applicant receiving the Architectural Review Committee's decision. The appeal will be referred to the Albin HOA Board of Directors for review.

Section V

Architectural Review Committee Review Criteria

• The Architectural Review Committee evaluates all submissions on the individual merits of each application. The characteristics of the house type and the individual site are taken into account when evaluating the particular design proposal.

• The following criteria represent in more specific terms the general standards that will be used in reviewing and evaluating such application and design.

Verdict of Concept

• The basic idea must be sound and appropriate to its surroundings.

Design Compatibility

• The proposed improvement must be compatible with the architectural characteristics of the applicant's house, adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and contraction details.

Location and Impact on Neighbors

• The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight, ventilation and drainage.

Scale

• The size of the proposed alteration should relate well to adjacent structures and its surroundings and also comply with all applicable building and zoning codes of Frederick County, Virginia.



Color

• Color may be used to soften or intensify visual impact. The colors used shall be the same as those used on the existing exterior unless otherwise approved.

Materials

• Continuity is established by use of the same materials as were used in the original house. The options may be limited some what by the design and materials of the original house.

• All decks shall be constructed with pressure-treated wood, composite lumber (Trex) or PVC material (vinyl)

• Fences shall be constructed with wood, composite lumber (Trex), masonry iron, brick or PVC material (vinyl). No chain iink fencing shali be permitted.

Workmanship

• Workmanship is another standard which is applied to all exterior alterations. The quality of work should be equal to or better than that of the community. Poor practices, besides causing the owner problems, can be visually objectionable to others. Poor workmanship can also create safety hazards.

Timing

• Projects and removal of all excess building materials are to be completed within three months from the start date of the construction. Otherwise it could become a nuisance and safety hazard for neighbors and the community.

• Damage done to common area and/or neighboring lots shall be repaired as soon as possible and not later than the completion of the project.

SECTION VI

Enforcement Procedures• The following procedures will be taken by the Albin Estates HOA Board of Directors to

enforce the rules and regulations as set forth in these guidelines.

• All owners and residents of Albin Estates shall comply with all the provisions of the Deed of Dedication Articles, it's Declaration of Covenants, Conditions, and Restrictions, the Bylaws and all Rules and Regulations.

• Failure to comply with the aforementioned documents shall be grounds for an action to recover damages or for injunctive relief, for suspension of voting rights , for foreclosure of liens or any other legal or equitable relief deemed appropriate.

• In the event any rule or regulation of the Albin Estates HOA is violated, the owner shall be notified of the violation by certified mail, return receipt requested, or by hand delivery with a requested signature. Notice shall be sent to the address shown on the books of the Albin Estates HOA.



• If the owner is a nonresident a copy of the violation notice shall also be sent to the tenant, at the dwellings address, by first class mail.

• The owner shall have the right to appeal any violation citation. The request for appeal must be submitted in writing and received by the Albin Estates HOA within (20) twenty days of receipt of the violation notice.

• Albin Estates HOA Board of Directors may take immediate action in any instance where the violation presents a health or safety hazard, at the owner's expense, to correct the violation. Notification to the owner of the action taken and the costs incurred will be made by certified mail, return receipt requested or hand delivery with requested signature.

• In the event the owner does not bring the violation into compliance within (30) thirty days, or submits a request for appeal within (20) twenty days of receipt of the violation, the Board of Directors may proceed with enforcement procedures as indicated in the Bylaws.

Please note that failures of the Albin Estates Homeowners Associations to enforce any provision, covenant, restriction, or ruie and regulation shail in no event be deemed a waiver of the right to do so thereafter.

Section Vli

Guidelines• All single family lots in Albin Estates, Lot #145 through Lot # 205 shall be subject

to the following restrictions which are constituted covenants real to run with the land;

• It is the homeowner's responsibility to secure proper building permits and ensure that plans conform to county guidelines.

• The guidelines, which follow, address only a broad range of exterior alterations for which homeowners frequently submit an application to the Architectural Review Committee as It would be impossible to address each specific design condition. As a result these guidelines.present the principle factors which should be considered when developing a design. More specifically these guidelines define the limits to size, quality of construction, location, materials and color based on the intended use and relationship to adjoining properties rather than focusing on a particular construction detail or a specific design alternative. As stated earlier all projects are to be completed within three months from the start date of construction.

• The Architectural Review Committee will always consider the individuai merits of each application. The use of these guidelines should assist the homeowner in gaining timely Architectural Committee Approval. The applicant who follows the guidelines should expect approval or rationale as to why the application was not approved.

Note: "Miss Utility" must identify the location of all communication/utility cables and/or pipe prior to any digging when constructing decks, fences, etc. Also the improvement must comply will all applicable building and zoning codes of Frederick County, Virginia.

5



Amendments

• The HOA Board of Directors will conduct an annual evaluation to determine if these guidelines need to be amended. It is anticipated that any changes would be primarily additive and would not involve substantive changes of the existing guidelines. Amendments may be made by the HOA Board of Directors at their discretion.

Specific Ruies & Reguiations, Guideiines,

1. Lots & Dweliing

• All lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any lot.

• No building, structure, addition or exterior alteration, or improvements of any character shall be constructed on any lot or dwelling located thereon, unless the "plan" of construction, including quality of workmanship, design, colors and materials including siding specifications shall have been approved in writing by the Architectural Review Committee, as being in harmony with the whole single family section and especially the adjoining single family residential properties.

• No single-femily home or any part there of shall be sub-divided so as to be used as a boarding house/hotel for employees as an extension of ones business.

• All lots are subject to such ten (10) foot Slope and Drainage Easement along all rights of way and a (10) ten foot Utility and Drainage Easement along all property lines except the front property lines shall be subject to such easements in the width of (25) twenty-five feet.

• One-story houses shall have at least 1,750 square feet of living space. Two-story houses shall have 1,100 square feet of living space on the first floor above ground and a total living space of at least 2,000 square feet.

• All other house configurations such as, but not limited to Cape Cod, Saltbox, Multi-level, and Tri-level, shall have 2,000 square feet of usable, finished living space.

• Living space shall be computed using outside foundation measures and shall be exclusive of carports, garages and basements.

• Roof pitch shall be at least 6/12".

• The foundation of all houses shall have a brick veneer or finished masonry other than poured molded concrete or parget block from the house plate to the ground surface. Brick veneer or finished masonry shall be on the side of the house facing the street and on the two sides of the house facing the side lines.

• All lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of any county ordinance.

• No brick veneer or finished masonry is required on the side of the house facing the rear property line.



• No noxious or offensive activities shall be carried on upon any lot nor shall anything be done there which may be. or may become, an annoyance or nuisance to the neighborhood.

• Noises and disturbances will not be tolerated when they are outside of the Frederick County Ordinances. When disturbances occur, they should be reported to the Frederick County Sheriff Department at (540) 662-6162

• Considerations for your neighbors and common courtesy should be the rule all other times. This includes loud gatherings in any common areas.

• No lot shall be used or maintained as a dumping ground for refuse.

• In the event a dwelling, it's landscaping, sidewalk, or driveway, is destroyed, damaged, or has materially deteriorated, the Owner of the dwelling, within (60) sixty days from said destruction, damage, or deterioration, shall repair said damage or deterioration or, in the case of destruction shall clear away the remaining portion of the dwelling and maintain the lot in a neat and orderly condition.

2. Garbage/Trash

• Trash, garbage or other waste (refuse) shall be in sanitary containers and screened. No refuse or any container for it shall be placed at the curb or stored in front of any house except on the date of refuse pickup.

• No accumulation or storage of litter, trash or lawn clippings of any kind shall be permitted on any lot.

• Each resident is responsible for picking up litter on his property and preventing windblown debris from originating from his lot.

• Sanitary garbage containers may be stored on the side of the home provided they are screened so as not to be visible from the street.

• Note: All Sanitary garbage container screens require Architectural Review Committee Approval.

• Note: Residents of Albin Estates should not dispose of their trash and/or garbage in builder's dumpers. Builders have put the AEHOA on notice that this is considered trespassing and anyone found guilty could be fined.

3. Fences

• Fencing can be used to separate property, provide security, visual privacy, or to architecturally define space. In achieving any one of these goals, a barrier is created which has both a visual and a physical impact on the boundaries of common land and properties of adjacent homeowners.

• No front and/or side yard fences will be permitted. Fencing shall be compatible with the applicants house but it should also be appropriate for its intended purpose and must follow the line of property.



• All fences shall be located in the rear yard area of the residence. No fence shall be constructed along the side yard area of the residence. All fences will come straight off each rear corner of the house extending to the property line and then run parallel to the side property lines. The rear corner is defined as the end of the sides of the dwelling that start from the front of the dwelling.

• The side yard of a residence is defined as any area of the lot located between either the right or left front corner and the right or left corner of the residence. See EXHIBIT "B" & "C.

• On corner lots no fence shall be constructed in the front yard area or along the side yard area of any residence or within (20') twenty feet of any pubiic street.

• Chain link fencing or wire fencing of any kind will not be permitted.

• No part of any fencing shall exceed (6') six feet in height, except for a small decorative finial on the support post.

• The fence shall be constructed of wood, composite lumber, masonry iron, brick, or PVC material (vinyl).

• All fencing may be stained or painted. In an effort to maintain harmony within the community the stain must be a wood color and the paint must be the same color as the trim on the outside of the main structure on the lot.

• If your residence is located on a comer lot this means no fencing shall be constructed within (20') twenty feet of any public street.

• As always it is the homeowner's responsibility to ensure these architectural changes comply with all applicable building and zoning codes of Frederick County, Virginia.

• All fences must be well maintained: No pealing, rusting, falling apart, or extreme fading is permitted.

• Note: All fences require Architectural Review Committee approvai.

4. Hedges

• No hedge shail be constructed or pianted in the front yard area or along the side yard area of any residence.

• A hedge wiii be interpreted as anything that is pianted with the intent that it wili grow together to form a barrier between two lots.

• The side of the residence is defined as any area of the lot located between either the right or left front corner and the right or left rear corner of the residence. See EXHIBIT "B" & "C".

• Rear hedges shall not exceed (6') six feet in height. Trees are permitted in the rear.

5. Retaining Wails and Raised Landscaping Beds

• No retaining walls or raised landscaping beds are permitted in the front or side yard of the property, however landscaping stones are permitted but cannot exceed 24 inches in height.

8



6. Storage/Utiiity Sheds Note: All Sheds require Architectural Review Board Approval

• Storage sheds can aesthetically affect both individual property and the neighborhood. As a result all storage sheds should be compatible with both the architecture and landscape surrounding the house. Any utility or other out building on any lot shall be of the same material and construction as the main structure on such lot and shall follow the same color scheme as the dwelling on said lot unless otherwise approved by the HOA Board of Directors. For Example: If the main structure is vinyl the utility or other out building shall have horizontal vinyl siding and matching roof shingles. If the main structure is brick and/or stone the utility or other out building shall be brick and/or stone. The siding and shingles must be the same color as those on the main residence on the lot. The windows/shutters if any will be the same color as those on the main residence on the lot.

• The homeowner has the responsibility to ensure these architectural changes comply with all applicable Building and Zoning codes of Frederick County, Virginia.

• All storage/utility sheds must be well maintained.

• No storage/utility sheds greater than 170 sq feet.

• Frederick County requires all storage/utility sheds to be located a minimum of (5') five feet inside of all property lines.

7. Decks Note: All Decks require Architectural Review Committee approval.

• All decks shall be located in the rear of the residence. No part of the deck, including the stairs, shall be constructed along the side of the residence.

• The deck will be constructed of wood, composite lumber, or PVC material (vinyl).

• Lattice may be installed around the underside of decks.

• The lattice may be constructed of wood, composite lumber, or PVC material (vinyl).

• All decking and lattice may be stained or painted. In an effort to maintain harmony within the community the stain must be a wood color and the paint must be the same color as the trim on the outside of the main structure on the lot.

• It is the homeowner's responsibility to ensure these architectural changes comply with all applicable Building and Zoning codes of Frederick County, Virginia.

• All decks must be well maintained.



8. Screened in Porches

• Screened in Back Porches are permitted with prior Architectural Review Committee approval.Screen in Front Porches are not permitted.

• Back Porches may be screened using aluminum or vinyl screen wire.

• Trim must be installed to hide the stables and exposed ends of the screen wire.

• Trim may be wood, composite lumber, or PVC material (vinyl), however the trim must be painted the same color as the trim on the outside of the main structure.

• The screen must be well maintained.

9. Patios

• All patios shall be located in the rear of the residence and require Architectural Review Committee Approval and, when needed, must also comply will all applicable building and zoning codes of Frederick county, Virginia.

10. Arbors

• Arbors shall be located in the rear of the residence and require Architectural Review Committee approval.

• If the arbor is to be attached to a fence, and/or is any part of the fence, the arched part of the arbor shall not exceed (6") six feet in height.

• The arbor may be constructed of wood, composite lumber, or PVC material (vinyl).

• The arbor may be stained or painted. In an effort to maintain harmony within the community the stain must be a wood color and the paint must be the same color as the trim on the outside of the main structure on the lot.

• All arbors must be well maintained.

11. Trellis Structures

• Trellis structures shall be located in the rear of the residence only and require Architectural Review Committee Approval.

12. Privacy Screens

• Privacy Screens shall be located in the rear of the residence only and require Architectural Review Committee Approval.

• All privacy screens must be well maintained.

10



13. Storm & Screen Doors

• All storm doors require Architectural Review Committee approval.

• No wooden screen doors are permitted on the exterior doors or windows.

• No plastic covering will be permitted on the exterior doors or windows.

• Storm or screen doors must be painted the same color as the entry door behind them or the same color as the surrounding wood trim.

14. Storm and Screen Windows

• Storm and screen window frames must match the trim of the house. White replacement windows will be allowed. Window screens are the responsibility of the residents or the owners. Screens must match the window trim.

• No plastic covering will be permitted on the exterior of any doors or windows.

15. Sun Control Devices

• All sun control devices require Architectural Review Committee approval.

16. Recreational and play structures

• All recreational and play structures require the Architectural Review Committee approval.

• Recreational and play structures are restricted to the rear yard only.

• All recreational and play structures shall be constructed of wood and/or composite lumber (Trex). Metal swing sets may be permitted if approved by the Board of Directors.

• Recreational and play structures may be stained or painted. In an effort to maintain harmony within the community the stain must be a wood color and the paint must be the same color as the trim on the outside of the main structure on the lot. Metal swing sets, if approved, must be repainted the original color or a color approved by the Board of Directors.

• The multicolored moveable plastic play sets do not require Architectural Review Committee approval, however they may only be used in the rear yard. They must also be stored against the rear of the home at all times when not in use.

• All exterior play equipment and structures must be well maintained.

• Do not leave bikes and other kids toys in the front yard, sidewalk, or driveway. Any and all ■ toys must be stored in the backyard areas when not in use.



17. Basketball Backboard

• Basketball Backboards, rims and/or nets shall not be installed on the exterior of the home.

• Only portable basketball backboards that can be removed or stored out of site are permitted. Portable basketball hoops can remain in drive\ways only.

• Frederick County Sheriffs Department recommends that portable basketball backboards not be used in the streets or at the lower edge of driveway/sidewalk for the child's safety.

18. Skateboards, Ramps, and/or Jumps

• Skateboards, Ramps, and/or Jumps do not require Architectural Review Committee approval provided that they are moveable and are stored out of site at all times when not in use.

• No Ramps and/or Jumps will be permanent.

• Frederick County Sheriffs Department recommends that Skateboards, Ramps, and/or Jumps not be used in the streets or used in such a way for the child to ride out into the street for the child's safety.

19. Major Exterior Changes

• The association must approve all major alterations and then all of the submission rules for applications must be followed.

• Exterior changes refer to the back of the property.

20. Antennas

• No exterior antennas intended for the transmission/reception of radio and/or short-wave signals may be erected or permitted on any lot.

21. Satellite Dishes

• Satellite dishes for transmission or reception of television and/or internet signals less than 39.73" do not require Architectural Review Committee approval.

• The Architectural Review Committee must approve all Satellite Dishes larger then 39.73" or one (1) meter.

• When possible satellite dishes should be mounted o the rear of resident and all cables running from the dish on the roof to the cable interface should be concealed as much as possible in the gutters and downspout so as not to be obtrusive.

22. Dog Houses & Runs

• All dog houses & Runs require Architectural Review Committee approval.

• Dog houses are restricted to the rear yard of the resident and shall be located where they will be visually unobtrusive.

• No chain link runs are permitted.



23. Exterior Decorative Structures

• All exterior decorative structures require Architectural Review Committee approval.

24. Outside Lighting & Electronic Insect Traps

• Electronic lighting should be chosen and installed so as not to light up any area beyond that of the owner's property.

• Electronic insect traps should not be installed or maintained in such a way as to cause discomfort to adjacent owners from noise and should only be operated during those times when the immediate area protected by the trap is occupied by the owner or his guests.

25. Exterior Painting

• The Architectural Review Committee must approve all exterior color changes. Repainting or staining any portion of a building exterior to match its original color need not to be submitted.

• Color changes apply not only to the house siding but also to the doors, shutters, trim, roofing and other appurtenant structures.

26. Flagpoles

• Architectural Review Committee approval is not required for flagpole staffs which do not exceed (6') six feet in length and that are attached at an incline to the front wall or pillar of the house or dwelling.

• Ground mounted flagpoles cannot be higher than (25') twenty-five feet tall and must be approved by the Albin Estates Architectural Review Committee.

• Ground mounted flagpoles shall be constructed of Aluminum, steel, or fiberglass as long as they are manufactured for the intended use.

• American Flags must be maintained in good condition and if flown at night they must be lighted.

27. Barbecue Grills

• Barbecue grills shall be placed & used only in the rear of the house and as far as practical from the adjacent property lines.

28. Compost Piles

• Compost piles are prohibited however compost containers will be permitted for use in the rear yard only and require Architectural Review Committee approval.



29. Pools

• All above ground pools will require fencing and Architectural Review Committee approval. Pools will be restricted and must have resin siding and j-hook liners. The Architectural Review Committee will not approve any plan for a pool without a fence.

• Kiddies' pools are permitted for use in the rear yard only.

• Plans for in-ground pools must be submitted to the Architectural Review Committee. A copy of Frederick County approval shall be submitted with the detailed plans.

• The back yards containing in ground pools must be enclosed with a Frederick county approved pool code fence.

30. Hot Tubs

• Plans for all hot tubs installed outside must be submitted to the Architectural Review Committee for approval.

31. Window Air Conditioners

• Window mounted air conditioning units are prohibited.

• Exterior ground units may be added to or relocated only when they do not interfere visually with neighbors and must be approved by the Architectural Review Committee.

32. Ciothesiines

• No exterior clotheslines, or hanging device, shall be permitted on any lot, except for an umbrella type with a diameter not to exceed (7') seven feet or a retractable clothesline not extending over (28') twenty-eight feet.

• Clotheslines or hanging device shall only be used in the rear of any residents constructed on said lot.

• Ciothesiines, or hanging device shall be stored within a utility building or the equivalent or retracted at all times with not in use.

33. Gutters and Downspouts

• Gutters and downspouts must match those existing in color and design .

34. Attic Ventilators

• Attic ventilators or other mechanical devices requiring penetration of the roof will be allowed with prior Architectural Review Committee approval.



35. Firewood

• Firewood shall be kept neatly stacked in the rear yard of the residence. It must be kept within the lot and under no circumstances is firewood tobe stacked in the common area.

• Location should be in such a manner as to minimize visual or physical impact. In certain cases screening may be required.

36. Advertising Signs

• No signs or advertising of any nature shall be erected or maintained on any lot except for Home Security and "For Sale" & Mortgage Lender signs for said lot. Signs shall not exceed (5) five square feet in area, or signs used by the DECLARANT to advertise the property during construction and sale.

• Signs may only be placed in the yard of the property advertised or the common area curb grass in front of the property.

• Homeowners will be limited to one sign per property.

• All signs must be removed within 72 hours of closing.

• Real estate open house signs will be permitted on common property only on the day of the open house any sign standing beyond approved hours must be removed.

Section VIII

General Maintenance Guidelines

• Property ownership includes the responsibility for the front and back maintenance of all structures and grounds which are a part of the property. This includes, but is not limited to, items such as mowing grass, regularly maintaining overgrown weeds, removal of clippings, removal of trash, and minor structural maintenance. Maintenance affects the visual character and economic values of the property and neighborhood and, in some cases, safety.

• All sidewalks shall be kept free of obstruction and provide further that all owners shall remove snow from the sidewalk that transverses their entire lot.

• Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property which the owner knew about or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In some instances it may not be apparent, as in flooring, which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid/slippery spill.

15



Exterior Appearance

• The exterior of all structures, including walls, doors, window, and roofs, shall be kept in good maintenance and repair.

• In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in a damaged condition.

Erosion Control

• Each resident is responsible for seeing that their lot area is protected from erosion and that storm drain structures are not blocked so as to cause additional erosion problems.

Section IX

Pet Control, Frederick County Ordinances and Laws

• The Board of Directors has extended permission to the Frederick County Animal Warden to enforce all applicable portions of the County Ordinance in regard to all animals and pets within the common areas.

• If you own a dog and allow it to bark excessively another resident of our community can complain on the following basis:

• The person, who is disturbed by the barking, lives within the same subdivision as the owner of the barking dog and is located on an adjoining property to the owner of the barking dog.

• The offended person must first give registered notice of the complaint to the barking dog's owner for the initial incident. This can be a signed notice delivered by the County SherifTs Office. For additional incidents that occur the offended person can seek a summons which upon being found guilty can lead to the barking dog's owner being fined.

• It is a Class IV misdemeanor to allow a dog to roam at large not under control

• A dog or cat shall be deemed to run at large while roaming, running, or hunting or when not restrained by a dependable leash and controlled by a responsible person as defined by County Ordinance.

• Once an incident has occurred that demonstrated lack of control, (i.e. breaking through an invisible fence, running away from an owner, jumping over or crawling under a fence) it is the responsibility of pet owner to fix the control problem. If the problem continues and remains unfixed Animal Control should be contacted at (540) 622-6162 and resulting fines may occur.

• All pets must have appropriate shots, licenses and tags, as required by County Ordinance and owners must provide proof of such within five (5) days of a request.

• All dogs must be collared, displaying up to date Frederick County Tags. Dog Tags run from February 1 - January 31.

• Pet owners must respect the private property of others. Pets are not allowed to roam on private lawns and should be walked on leases at all times.



• Pet owners should use courtesy and care when walking or exercising their pets in such a manner that promotes the safety and health of all owners.

• Even a dog with a valid license, rabies tag, and ID tag should not be permitted to roam outside of your home or fenced yard. It is best for you, your community, and your dog to keep your pet under control at all times.

• Pet owners are responsible for cleaning up their Pet's waste if their Pet voids while being walked.

• Residente must first report any violations of the above items to the Frederick county Animal Control at ((540) 622-6162 before contacting the AEHOA.

•

• Note: The Humane Society recommends all pet owners follow this simple rule: Off Property - On Leash.

Section X

Vehicle Control

The Board of Directors has adopted specific rules and regulations regarding vehicles.They are as follows:

General• No unlicensed vehicles, including but not limited to motorized bicycles, four-wheelers, ATV's, dirt

bikes, motorcycles, mini-bikes, go-karts, etc. shall be operated on or parked upon any common area of Albin Estates subdivision.

• Major repairs (including but not limited to engine, transmission, and rear end overhaul) are prohibited.

• Minor repairs begun on vehicles by an owner or his assigned agent, while on any area, must be completed within (48) forty-eight hours from the starting time of the repair.

• Dumping, disposal of leaks of oil, grease, or any other chemical, residual substances, or particles from containers of any type (as a result of the repair, maintenance, or carelessness) are not permitted on any areas. Disposal must also conform to environmental regulations.

• The dumping of motor oil and other petroleum products into the storm sewers is a direct violation of the State Water Control Law and may lead to civil penalties and clean up costs for the responsible persons.

• All motor vehicles shall not exceed the speed limit of (25) twenty five miles per hour while operated in common area streets.

• No motor vehicles (including motorcycles, ATV's, 4 wheelers, go-karts, mini-bikes, and mopeds) shall be operated on any common area.

• Owners of vehicles can be held liable for all costs to repair damages to common areas caused by negligence.

• No power boats, mobile homes, recreational vehicles, motor homes, campers, commercial buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks or vans of 3/4 ton or less) shall be permitted on any lot or common area for more than 48 hours during the course of preparing for vacations or construction.



• No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker, shall be permitted on any lot or common area. No commercial or business vehicle, or any type, unless accepted herein as to size, shall be allowed to park on any lot or driveway in said subdivision at any time. This provision shall not apply to any vehicle named herein that is kept within the garage of the dwelling unit or its presence has been approved by the Albin Estates of Stephens City Homeowners Association Board of Directors. Any such approval may be rescinded at any time by the Albin Estates of Stephens City Homeowners Association Board of Directors by written notice.

• The Association shali not be required to provide storage areas for these vehicies which are to inciude the driveways.

• Motor vehicles in violation of the Code of Virginia, as amended, are prohibited. The Board of Director’s hereby gives its consent to all appropriate law enforcement officers who are hereby empowered to enforce all motor vehicle laws in the streets and common areas of Albin Estates Subdivision.

• Vehicles parked on property must be in compliance with Commonwealth of Virginia and Frederick County laws. Violations of this rule shall result in the posting of notice on the vehicle directing removal of the vehicle or correction of the violation within two (2) two days. All actions shall be coordinated with the Frederick County Sheriffs Department in accordance with the applicable requirements of the Code of Virginia as amended.

• The Board of Directors shall be empowered to have vehicles which are in violation of the above, or any vehicles as defined to be in violation of the Code of Virginia, as amended, removed from the common areas, at the owners risk and expense, provided proper notification has been given to the owner.


Albin Estates Homeowners HandbookReminders:

No Recreation Vehicle storage is aiiowed other than inside your garage.

Trash containers and recycie bins must be stored out of pubiic view except on coilection day.

Portabie basketbaii goais are permissibie oniy if piaced as ciose to the garage as possibie and out of public easement (minimum of 10ft from the curb).

You must submit an Architectural Change Request for all of the following projects whether it is new construction^ or repiacement construction;

1. Roofs2. Fences3. Storage sheds4. Color change to exterior5. Patio covers6. Concrete waiks, patios, etc.7. Swimming pools8. Gazebos9. Play equipment (higher than six feet)10. Basketball goals11. Mailboxes12. Decks13. Spas & hot tubs14. Room additions15. Garages16. Flagpoles17. Fireplaces

The above items are the most common projects done, but the list does not represent all projects. Become familiar with the Declaration of Covenants, Conditions and Restrictions of the subdivision (see your packet given by the HOA). If you are ever in question about a project, please feel free to contact one of the Committee members or any board member.

Prior planning is of great importance since the Committee has 30 days after aii information has been received in which to approve the change and will alleviate many problems that can arise if the construction is not approved. The Committee meets as required. An Architectural Change Request form is included with this letter. Additional forms may be obtained from any ARC member or a board member.

During the processing period, you can obtain any necessary permits or variances required by Frederick County.


Date post:	31-Oct-2019
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times