02

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

THIS SUPPLEMENTARY DECLARATION, is made the 7...vJ day of MILu

1996, by STILES FARM, L.C., a Virginia limited liability company (hereinafte~ as "Declarant") and FOUNTAIN HILL LIMITED LIABILITY COMPANY, a Virginia limited liability company (hereinafter refen:ed to as "Owner").

Recitals: ~

=l~5: WHEREAS,the Declarant and the Owner areeach.the.ownerofa portionofthat 0- Cl ~ti::itain property located. in Montgomery County, Maryland, which is. more particularly N ~ ;: ~~cribed in Exhibit A, attached hereto and incorporated herein by reference. C'-l t..,..:..J..-w

~~~ . ~ d g WHEREAS, the Declarant executed a document entitled "Declaration of Covenants,

C~ditions and Restrictions - Fountain Hills Community Association", dated March 28, 1996, and recorded among the Land Records of Montgomery County, Maryland, in Liber 14031, folio 193 (the "Declaration of Covenants").

WHEREAS, Article II, Section 2 of the Declaration of Covenants provides as follows:

"Section 2. Additions. Additional property maytie"annexed to the above­described property without the consent of the Class A members of the Association, if any, provided that such property is a part or all of that property described on Exhibit B attached hf3{eto .and by this refere[lce made a part, an~ provided .tha~ such annexation occurs withi~ seven (7Jt¥~~mFJi ~.~ the date thiS Declaration IS recorded. Any other annexation of proRr,w[\in'l:)SF ,';, '; . be approved by two-thirds (2/3) of each class of the memb~t 9t~e Ihi j @-~ Association. The scheme ~ the within Covenant~ ~nd RestrictionsfSJ:I~lIE®t, BlJ: (;3?67 however, be extended to Include any such additional property umesGt~ !'!1:ij.2 iii until the same is annexed to the real property described on "Exhibit A" as hereinafter provided.

Any annexations of Single-Family and Townhouse Lots made pursuant to this Article, or otherwise, shall be made by recording a Supplementary Declaration of Covenants and Restrictions among the Land Records for Montgomery County, Maryland,. which Supplementary Declaration shall extend the scheme of the within Declaration of Covenants and Restrictions to such annexed property. Annexations of Condominium Units made pursuant to this Article, or otherwise, may be made in the foregoing manner, or may be made by the inclusion of specific annexation language within the Declaration of Condominium creating such Condominium Units, which

LF 1~133.049

language subjects such Condominium Units to the terms and conditions of this Declaration.

WHEREAS, the Declarant and OWner, pursuant to Article II, Section 2, of the Declaration of Covenants, desire to annex the property described on Exhibit A, so that the same shall be subject to all' of the terms and conditions of the Declaration of Covenants.

WHEREAS, the property described on Exhibit A is a part of that property described on Exhibit B attached to the Declaration of Covenants.

NOW, THEREFORE, the Declarant and Owner hereby declare that all of the property described on Exhibit A, attached hereto, shall be held, sold and conveyed, subject to the easements, restrictions, covenants and conditions, as set forth in the "Fountain Hills. Community Association - Declaration of Covenants; Conditions and Restrictions," dated March 28, 1996 and recorded among the Land Records of Montgomery County, MaryJand on April 2, 1996, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in, the described properties or any part thereaf, their heirs, suceessers and assigns, and shall inure to the benefit of each owner hereof.

.. .IN WITNESS WHEREOF ~e undersigned Declarant and Owner, have hereunto set their hands and seals this ..l:::!!. day of . ~ ,1996.

. $

WITNESS: STILES FARM, L.C. a Virginia limited liability company

By:"'" J 1 c , .. ., €: IJt'l cu.JJ1EAL) Th6mas E. Marshall ~ . tilanager

FOUNTAIN HILL LIMITED LIABILITY COMPANY . a Virginia limited liability company By: The Ie C I clion 0., Manager

[JURATS FOLLOW]

2

(.;'. "

LF 14133.050'

STATE OF \l I ~~f,.w", ,BOJJ\ @CIA I COUNTY, to wit:

I HEREBY CERTIFY, that on this ~ y(~ay of (Y);. < ,1996, before me, the subscriber, a Notary Public in and for the State and County afo~said, personally appeared THOMAS E. MARSHALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within and foregoing Supplementary Declaration of Covenants, and acknowledged that he is the manager of Stiles Farm, L.C., and that he, as such Manager, being authorized so to do, executed the same, for the purposes therein contained, by signing the name of said limited liability company by himself as such Manager. .

WITNESS, my hand and Notarial Seal.

NOTARY PUBLIC' My Commission Expires: 3-S,-9'6'

. STATE OF ...J)(\c\<·:.I.lt9;fJ, Li:2:'I1.-~i.""t!,=---,....;r.....;a~Zt-;;;..~ ___ COUNTY, to wit:

)iD A' I HEREBY CERTIFY, that on this () day of ~I/Ile/ , 1996, before me, the subscriber, a Notary Public in and for the State" and Cbunty aforesaid, personally appeared KENNETH G. MALM, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within and foregoing Supplementary Declaration of Covenants, and acknowledged. that he is the President of The Gables Construction Company, Manager of Fountain Hill Limited Liability Company., and that he, in such capacity, being authorized so to do, executed the same, for the purposes therein

. contained, by signing the name of said limited liability company by himself on behalf of the Manager.

WITNESS, my hand and Notarial Seal. .'

. l~~A- Lfl] 111PcA / .

/ NOTARY PUBLIC. My Commission Expires: f/3~ M P

3

LF IY133.0S1

ATTORNEY'S CERTIFICATION

THIS IS TO CERTIFY, that the within instrument was prepared by, or under the supervision of the undersigned, an attorney duly admitted to practice before the Court of Appeals of Maryland.

TAX IDENTIFICATION NUMBERS: See attached list

After recordation, please return to:

Michael A. Faerber, Esquire Samek & McMillan, P.C. 1901 Research Boulevard, Suite 220 Rockville, Maryland 20850

F:'DOCUMENl'CUENTSISTlL.ESIFOUNHIU-SUP:0'418S6

4

LOTS

PARCELS

EXHIBIT A

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

LF 1~133.05·Z

Lots 242 through 2S7, Lots 266 through 297 and Lots 320 through 325, Block A, in a Subdivision known as "Fountain Hills," as per plat thereof entitled "Lots 242 through 257, 266 through 297, 320 through 325 & Parcels 0 & P, BlockA, Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 179, Plat No. 20019.

Parcels 0 and P, BlockA in a Subdivision known as "Fountain Hills," as per plat thereof entitled "Lots 242 through 257,266 through 297,320 through 325 & Parcels 0 & P, Block A, Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 179, Plat No. 20019.

MA~-17-S6 ~6.12 FROM. _. " '

•

L2~~' 243 244 245 <45 '247 24S

BLOCK ,- --A

A i A , A

249 I

A A A A A 250 '

251 252 253

A A

I A

TAX,n JlQ

~ 117

130

'''", ''''-

~ , A A A

I~

163 174 i85_

256 257 266 257 268 ~

'0 2 272 273 274 275 :76 'J7 :18

279 280 281 282 283 284 28.5

~ !S8 189

290 291 292 293

1

294

295

1 320

321 322 323 324 325

Parcel 0 Parcel P

A 'A

A A ' A I A

1 A A A A

A A A A A A A A A A A A

A ·A A A A A A

,A A A A

A A

0 ......

'1 17

~

09-88-3133050 09-88-3133061

.PAGE 2/2 """-':""-

5116196

FOUNTAIN HIIJLS COMMUNITY ASSOCIATION, INC.

LEGAL DOCUMENT PACKET:

• ARTICLES OF INCORPORATION

• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, SUPPLEMENTARY AND AMENDMENTS .

• BY-LAWS

e·".· ':>

DESCRIPTION OF SECTION 1 CLOPPER HILLS PART OF THE PROPERTY OF THE CENTRAL CORPORATION FEBRUARY 7, 1996 PAGE 3

LF !4031.251

77°32'.) 9" West, 304.68 feet line of Parcel A, Block B as shov:n on a plat of

subdivi.sion entitled "Lots I through 43 and Parcel A, Block B, TO\\"Jes at Chestnut

Oaks" and recorded among the aforesaid Land Records in Plat Book 166 as Plat No.

18707, :md running thence, reversely with and binding on said line nfParcel A, the

9.

DFD/jpt

or 12.70 acres ofland.

Registered Property Line Surveyor Maryland No. 526

.. II CPJ

EXHIBl1' 13 - PART 6

DECLARATIm: OF COVu'l0lTS, CONDITIONS Al'lD RESTRICTIONsLF 14031.253 FOUNTAnr HILLS COMMUNITY ASSOCIATION, INC. ::

,.., ra· \ .. tiJ1'---------:::-;--;----;:::--;--;------::--:-----:----:----

Charles P. Johnson & Associates, Inc.

F ebrur'l!)' 8, 1996

PLANNERS ENGINEERS

DESCRIPTION OF SECTION 2

CLOPPERHU IS

LANDSCAPE ARCHITECTS

PART OF THE PROPERTY OF THE CENTRAL CORPORATIO,,{

A MARYLAND CORPORATION

GAITHERSBURG (9TH) DISTRICT MONTGOMERY COUNTY, MARYLAND

SURVEYORS

BEING part of the lands acquired by The Central Corporation, a Maryland Corporation from . .

Hampton Park Corporation, a Maryland Corporation by deed dated December 24, 1986 and recorded

among the aforesaid Land Records of Montgomery County, Maryland in Liber 7934 at Folio 594;

and being more particularly descn"bed as follows

BEGINNING for the same at a point on the curved northerly right of way line of Clopper

Road., (variable width) as shov,-a on a plat of dedication entitled "Dedication Plat No.1 of 8, Clopper

Road", recorded among the aforesaid Land Records in Plat Book 23 as PIat No. 7027, said point

being also distarit, North 02°14'09" East, 65.53 feet from a stone found on the southerly right ofway

line as shown on said plat of dedication, and moojog thence with and binding on said right of •

way line, as now surveyed, and continuing along the northerly right of way lines as shown on -.... '­

Montgomery County right of way plats entitled "Right-of-Way Plct, Great Seneca Highway -

Phase 3" filed among the Montgomery County Right of Way Plats, files No. 114 and 116, as now

surveyed, the following three (3) courses and distances

1. 542.47 feet along the arc of a curve, deflecting to the right, having a radius of 1402.39 feet

and a chord bearing and distance of North 72 °38'12" West, 539.09 feet to a point,

thence

2. North 61 °33'19" West, 531.76 feet to a point, thence

1751 ELTON ROAD. SILVERSPRING.MARYLAND • 20903 • (J01)4J4-7000 • FAX(J01)434-9J9(

FAIRFAX. VA

", ,

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

LF 14133.048

THIS SUPPLEMENTARY DECLARATION, is made the ~ day of , ". . ..,) ~

1996, by STILES FARM, LC., a Virginia limited liability company (hereinafter referre to as "Declarant") and FOUNTAIN HILL LIMITED LIABILITY COMPANY, a Virginia limited liability company (hereinafter referred to as "Owner").

ci .:1:

>= Recitals:

=~,!z:, WHEREAS; the Declarant and the Owner are each the owner of. a portion of that "- 0 ~ l:b~ain property' located in Montgomery. County, Maryland, which is more particularly N :l ~ ~~cribed in Exhibit A, attached hereto and incorporated herein by reference. C'.J I. -;......Ja:W >- --lWk

;2 ~ rj g WHEREAS, the Declarant executed a document entitled "Declaration of Covenants, Cr;g,ditions and Restrictions - Fountain Hills Community Association", dated March 28, 1996, and recorded among the Land Records of Montgomery County, Maryland, in Liber 14031, folio 193 (the "Declaration of Covenants").

WHEREAS, Article II, Section 2 of the Declaration of Covenants provides as follows:

"Section 2. Additions. Additional property may be 'annexed to the above­described property without the consent of the Class A members of the Association, if any, provided that such property is a part or all of that property described on Exhibit B attached hereto and by this reference made a part, and provided that such annexation occurs within seven (7liY.iaf~iltlf$ the date this Declaration is recorded, Any other annexation of prope(jyl\¥i'l'JifE be approved by two-thirds (2/3) of each class of the memb~~t 9.t~e Association. The scheme of the within Covenants and Restrictiomfshall[ljpt, however, be extended to include any such additional property uflless'~' until the same is annexed to the real property described on "Exhibit A" as hereinafter provided.

Any annexations of Single-Family and Townhouse Lots made pursuant to this Article, or otherwise, shall be made by recording a Supplementary Declaration of Covenants and Restrictions among the Land Records for Montgomery County, Maryland, which Supplementary Declaration shall extend the scheme of the within Declaration of Covenants and Restrictions to such annexed property. Annexations of Condominium Units made pursuant to this Article, or otherwise, may be made in the foregOing manner, or may be made by the inclusion of specific annexation language within the Declaration of Condominium creating such Condominium Units, which

-'

'. LF 1~133*O~9

language subjects such Condominium Units to the terms and conditions of this Declaration.

WHEREAS, the Declarant and Owner, pursuant to Article II, Section 2, of the Declaration of Covenants, desire to annex the property described on Exhibit A, so that the same shall be subject to all of the terms and conditions of the Declaration of Covenants.

WHEREAS, the property described on EXhibit A is a part of that property described on Exhibit B attached to the Declaration of Covenants.

NOW, THEREFORE, the Declarant and Owner hereby declare that all of the property described on Exhibit A, attached hereto, shall be held, sold and conveyed, subject to the easements, restrictions, covenants and conditions, as set forth in the "Fountain Hills Community Association - Declaration of Covenants, Conditions and Restrictions," dated March 28, 1996 and recorded among the Land Records of Montgomery County, Maryland on April 2, 1996, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in, the described properties or any part thereof, their heirs, successors and

. assigns, and shall inure to the benefit of each owner hereof.

. IN WITNESS WHEREOF'Je undersigned Declarant and Owner, have hereunto set their hands and seals this .11:!!.. day of ~ ,1996.

• WITNESS: STILES FARM, L.C.

/ . . a Virginia limited liability company /'/ q ~;~~.(-J By: J·1 ~ 'Ma t: 1Y1 wJJ}EAL) Th6mas E. Marshall~ Manager

FOUNTAIN HILL LIMITED LIABILITY COMPANY a Virginia limited liability company By: The Ie C t ction 0., Manager

-:-:-":::;y~~~====-(SEAL)

[JURATS FOLLOW]

2

, ..

r_ .. \V

LF IYI33.DSO

STATE OF '\l \ ;'1;fr.v:o. ,FsClJJ\ eu A I COUNTY, to wit:

I HEREBY CERTIFY, that on this 'd-4ayof ("I")r~ < ,1996, before me, the subscriber, a Notary Public in and for the State and County afo~said, personally appeared THOMAS E. MARSHALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within and foregoing Supplementary Declaration of Covenants, . and acknowledged that he is the manager of Stiles Farm, LC., and that he, as such Manager, being authorized so to do, executed the same, for the purposes therein contained, by signing the name of said limited liability company by himself as such Manager.

WITNESS, my hand and Notarial Seal.

. . NOTARY PUBLIC My Commission Expires: '3 .. :s\.gg

STATE OF ,G(l(. ... c.,,- ,Fa-u.k..-~rt: COUNTY, to wit: d

,J]) A' . I HEREBY CERTIFY, that on this {) day of 117 c./ , 1996, before me, the subscriber,a Notary Public in and for the State" and Cbunty aforesaid, personally appeared KENNETH G. MALM, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within and foregoing Supplementary Declaration of Covenants, and acknowledged that he is the President of The Gables Construction Company, Manager of Fountain Hill Limited Liability Company.., and that he, in such capacity, being authorized so to do, executed the same, for the purposes therein contained, by signing the name of said limited liability company by himself on behalf of the Manager.

WITNESS, my hand and Notarial Seal. .

(~{.-n .. m1- '-Tn 111/,-~t:J?/ My Commission Expires: tP~/..7P

NOTARY PUBLIC.

3

.- .

LF IY133.0SI

ATTORNEY'S CERTIFICATION

THIS IS TO CERTIFY, that the within instrument was prepared by, or under the supervision of the undersigned, an attorney duly admitted to practice before the Court of Appeals of Maryland.

Michael A Faerber .

TAX IDENTIFICATION NUMBERS: See attached list

After recordation, please return to:

Michael A. Faerber, Esquire· Samek & McMillan, p.e .. 1901 Research Boulevard, Suite 220 Rockville, Maryland 20850

F:IDOCUMENT'CUENTSISTIl.ES,/,OUNHILLSUP:D41896

4

• . ~ . '. ... ..

LOTS

PARCELS

EXHIBIT A

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

LF 1~133.05Z

Lots 242 through 257, Lots 266 through 297 and Lots 320 through 325, Block A, in a Subdivision known as "Fountain Hills," as per plat thereof entitled "Lots 242 through 257, 266 through 297, 320 through 325 & Parcels 0 & P, Block A, Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 179, Plat No. 20019.

Parcels 0 and P, Block A in a Subdivision known as "Fountain Hills," as per plat thereof entitled' "Lots 242 through 257,266 through 297,320 through 325 & Parcels 0 & P, Block A, Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 179, Plat No. 20019. .

_. -_._._- ._- '_.-._. ;;J, LF 14133.D53

LO].'. 242 243 244 245 246 247 248 249 250 -251 252 253 254 255 256 257 266 267 268 259 270 271 272 ZT3 274 275 _ 276 277 276 279 260 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 320 321 322 323 324 325

Parcel 0 Parcel P

BLOCK I TAX I.D JIG. r '-A 09(03133072. : i i 1

I 1

1

1

I 1 1

! I 1

1

! , 1

! 1

1 I

I i 1 I I I I 1 I

I , , , I

i ,

I ! I 1

I I I ! I 1

1

1

1

1

I 1

I

A A A A A A A A A A A A A A A

'A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A

-A A A A

A A

i 09-03133083 1 09-03133094 1 09-03133106 I 09-03133117 I 09-03133128 1 09-03133130 ! 09-03133141

-I 09-03133152 ! 09-03133163 I 09-03133174 i 09-03133185 : 09-03133196 I 09-03133208 I 09-03133210 I 09-03133221 1 09-03133232 I 09-03133243 1 09-03133254 1 09-03133285 I 09-03133276 1 09-03133287 ,

09-03133298 -I

I 09-03133301 . I 09-03133312 I 09-03133323 ! 09-03133334 I 09-03133345 1 09-03133355 I

1 09-03133357 1 09-03133378 I 09-03133380

. i 09-03133391 I 09-03133403 1 09-03133414 1 09-03133425 I 09-03133436 I 09-03133447 i 09-03133458 I 09-03133460 I 09-03133471 I 09-03133462 1 09-03133493 1 09-03133505 I 09-03133516 1 09-03133527 I 09-03133538 j 09-03133540 ,

09-03133551 I

1 09-03133562 ! 09-03133573 I 09-03133584 1 09-03133595 I 09-03133607

09-88-3133050 09-88-3133061

P;"::;~ 2/. *-::r-----

5116196

c:; e

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

~ THIS SUPPLEMENTARY DECLARATION, is made the ZLcf"j.day of JW/\£.. , -; 199~, by STILES FARM, L.C., a Virginia limited liability company (hereinafter referred ; to as "Declarant") and consented to by FOUNTAIN HILL LIMITED LIABILITY COMPANY, ~ a Virginia limited liability company (hereinafter referred to as "Owner").

~ Recitals:

WHEREAS, the Declarant is conveying or has conveyed to the Owner certain real property locafeain Montgomery CoUnty, Maryland, which is more particularly described in Exhibit A, attached hereto and incorporated herein by reference.

WHEREAS, the Declarant executed a document entitled "Declaration of Covenants, Conditions and Restrictions - Fountain Hills Community Association", dated March 28, 1996, and recorded among the Land Records of Montgomery County, Maryland, in Liber 14031, folio 193 (the "Declaration of Covenants") .

.> IF:P FD SUfi $ 2,,&3 WHEREAS, Article II, Section 2 of the Declaration of CovenafSiQI~J{5Vfaes as ~.~

~ II " IUIHL cr:.\l!:l ,0 ows: R'~':' i#,'"~~ :;1",.,,", J. l~~i

... :iT I r:.lui 1\ ... 1' I, t "i' ... ..ru .. "", Bf"' ." + M"" Ifl~\ ' iii H11~ 'i' Ctj:1tl

"Section 2. Additions. Additional property may be annexedl ~Jt1ie7 fl2:4B f~ above-described property without the consent of the Class A members of the Association, if any, provided that such property is a part or all of that property described on Exhibit B attached hereto and by this reference made a part, and provided that such annexation occurs within seven (7) years of the date this Declaration is recorded. Any other annexation of property must be approved by two-thirds (2/3) of each class of the members of the Association. The scheme of the within Covenants and Restrictions shall not, however, be extended to include any such additional property unless and until the same is annexed to the real property described on "Exhibit A" as hereinafter provided. "

Any annexations of Single-Family and Townhouse Lots made pursuant to this Article, or otherwise, shall be made by recording a Supplementary Declaration of Covenants and Restrictions among the Land Records for Montgomery County, Maryland, which Supplementary Declaration shall extend the scheme of the within Declaration of Covenants and Restrictions to such annexed property. Annexations of Condominium Units made pursuant to this Article, or otherwise, may be made in the foregoing manner, or may be made by the inclusion of specific annexation language within the Declaration of Condominium creating such Condominium Units, which language subjects such Condominium Units to the terms and conditions of this Declaration.

40

LF ~5J05.566

WHEREAS, the Declarant, pursuant to Article II, Section 2, of the Declaration of Covenants, desires to annex the propertY described on Exhibit A, so that the same shall be subject to all of the terms and conditions of the Declaration of Covenants and Owner wishes to evidence its consent thereto.

WHEREAS, the property described on Exhibit A is a part of that property described on Exhibit B attached to the Declaration of Covenants'.

NOW, THEREFORE, the Declarant hereby declares that all of the property described on Exhibit A, attached hereto, shall be held, sold and conveyed, subject to the easements, restrictions, covenants and conditions, as set forth in the "Fountain Hills Community Association - Declaration of Covenants, Conditions and Restrictions," dated March 28, 1996 and recorded among the Land Records of Montgomery County, Maryland on April 2, 1996, in Liber 14031, folio 193, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and ' be binding on all parties having any right, title or interest in, the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefrt of each owner hereof.

AND, by execution hereof, the Owner consents thereto.

IN WITNESS WHEREOF, the undersigned Declarant and Owner, have hereunto set their hands and seals this '2k#t day of ,1/41,C. , 199.1.. ' ,

WITNESS: STILES FARM, L.C. a Virginia limited liability company

B<il:r.~a~ti~J/ (SEAL)

Manager

FOUNTAIN HILL LIMITED LIABILITY COMPANY a Virginia limited liability companY, By: Craftstar Homes, Inc., Manager

By: ~' (SEAL) M. COU ney Tre\Jth, Vice President

[JURATS FOLLOW]

2

LF 15005.567

STATE OF \hCOlvUQ< ,tai(fo.'t COUNTY, to wit: J

I HEREBY CERTIFY, that on this ZU0.day of .J1LlLf ,199.1:, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared THOMAS E. MARSHALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within and foregoing Supplementary Declaration of Covenants, and acknowledged that he is the Manager of Stiles Farm, L.C., and that he, as such Manager, being authorized so to do, executed the same, for the purposes therein contained, by signing the name of said limited liability company by him .. ",1f

such Manager.

WITNESS, my hand and Notarial Seal.

,-, .

My Commission Expires,,'lUW 10.2toD co. }

STATE OF , @rf'rt.K COUNTY, to wit:

I HEREBY CERTIFY, that on this '2IotJ day of \fu..tAJ. , 199:1., before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared M.COURTNEY TREUTH, known to me (or satisfactorily proven) to be the person whose.name is subscribed to the within and foregoing Supplementary Declaration of Covenants, and acknowledged that he is the Vice President of Craftstar Homes, Inc., Manager of Fountain Hill Limited Liability Company., and that he, in such capacity, being authorized so to do, executed the same, for the purposes therein contained, by signing .... , the name' of said limited liability company by himself on behalf of the ~anager. .' ,.,~;",.,,'j'"

WITNESS, my hand and Notarial Seal.

My Commission Expires:.jUW :aD ].DOD I

3

LF 15005.568

CERTIFICATION

THIS IS TO CERTIFY that the within instrument was prepared by, or under the supervision of the, undersigned, the Manager of one of the parties hereto.

Thomas E. Marshall, Ma'liager Stiles Farm, L.C.

TAX IDENTIFICATION NUMBERS: See attached list

After recordation. please return to:

Stiles Farm, LC. c/o ESDC, Inc. 6820 Elm Stree~ Suite 200 McLean. Virginia 22101 Attn: Mary

K:\WPDOC\SUPDOC,FOU:041 B96

4

LOTS

!J 15005.569

EXHIBIT A

SUPPLEMENTARY DECLARATION OF COVENANTS FOUNTAIN HILLS COMMUNITY ASSOCIATION

Lots 258 through 265, Block A, in a Subdivision known as "Fountain Hills," as per plat thereof entitled "Lots 234 through 241 and Lots 258 through 265 and Lots 298 through 319 and Parcels R & S, Block A, Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 181, Plat No. 20188.

Tax Account Nos.

09-03149751

09-03149762

09-03149773

09-03149784

09-03149795

09-03149807

09-03149818

09-03149820

LF 15005.570

it' , oJ)O

LF 15005.581

CONSENT TO ANNEXATION

THIS CONSENT is made this '2lo~day of vune..... , 199.1., by tTAIN fl Itt- I.. k· (.... , a \fil2tqltJ lit LIM,n::Q c.:./Afut.IN (hereinafter "Owner"). (]j M. P iHoJ,!

~ WHEREAS, the Owner is the fee simple owner of certain property located in ~ontgomery County, Maryland and more particularly described on Exhibit A attached ,t:::hereto and incorporated herein by reference (hereinafter collectively referred to as the ~ "Lots"). .

.. ~ WHEREAS, all of the Lots described on Exhibit A are to be subjected to the Declaration.' of Covenants; Conditions .. and ... Restrictions, ..... Eountain Hills'. Community Association (the "Declaration"), recorded or intended to be' recorded amcing the Land Records of Montgomery .County, Maryland immediately prior to ~he recordation of this Consent to Annexation. . .

WHEREAS, the Lots were conveyed to the Owner prior to being subjected to the effect of the Declaration.

WHEREAS, the Declarant named in the Declaration has annexed the Lots, pursuant to Article II, Section 2 of the Declaration, which annexation is evidenced by the recordation of the Declaration. .

WHEREAS, the Owner wishes to confirm and consent to the encumbering of the Lots by the Declaration.

NOW, THEREFORE, in consideration of the foregoing recitals, each of which is made a part hereof, and for other good and valuable consideration, the receipt and sufficiency of which the Owner does hereby acknowledge, the Owner does hereby covenant, consent and agree that the Lots are, and shall be, subject to the effect of the

. Declaration, to the same extent as if the Declaration had, pursuant to the Declaration, been made applicable to the Lots prior to the acquisition of title to the Lots by the Owner. The provisions hereof and thereof shall be binding upon, and .inure to the benefit of, the Owner and its respective heirs, successors and assigns forever, and shall be deemed covenants running with the land: .The terms and provisions of this Consent shall be construed in accordance with the laws of the State of Maryland.

IT WITNESS WHEREOF, the Owner has signed, sealed and delivered these presents, as its own free act and deed, as of the day and year first above written.

LF 15005.582

WITNESS/A TIEST:

STATE OF ~ j:jjj,p.;o . COUNTY, 10 w;1

I HEREBY CERTIFY, that on this 21ot::!1- day of Si1Ml , 199.::L, before me, the subscriber, a Notary Public in ·and for the State and County aforesaid, personally appeared t"y!. UJJfl."fllkl rO·0Jftf , known to me (or satisfactorily proven) to be the person whose name is. subscribed to the within and foregoing Consent to Annexati0'l, and acknowledged that . (s)he is \I·If(. P!P5"de1tlt of t:itJ,,:!Jt"IYl Hill /....Lc.. , and that (s)he, as such V~p..6)rlW!+ , being authorized so to do, executed the same, for the purposes therein contained, by signing his as /YI. CouI1..T/.Jt;i;'/ ft§.!fllthereof, and further acknowledged, in his (her) cal='aci,W

~~(1®1 k.l-~t s~e to be the free act (and

WITNESS my hand and Notaria.1 Seal.

My Commission Expires: <!lW "20,1-000 ..

I

F:'DOClJMENT'CUENTSISTLES'FOUNT AlN\ANNEXFRM

2

(.~.; ... '.

LOIS

LF 15005.583

EXHIBIT A

CONSENT TO ANNEXATION FOUNTAIN HILLS COMMUNITY ASSOCIATION

Lots 258 through 265, Block A, in a Subdivision known as "Fountain Hills," as per plat thereof entitled "Lots 234 through 241 and Lots 258 through 265 and Lots 298 through 319 and Parcels R & S, Block A,

- Fountain Hills" and recorded among the Land Records of Montgomery County, Maryland, in Plat Book 181, Plat No. 20188.