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\ [acLriiirni l.vre t 0ij
(rcf. Fec llook # I 740) rcviscd Scpt 2I[3
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COVENANTS AND RESTRICTIONS
MOUNTAIN LICK RUN SUBDIVISION
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The President, Secretary and Treasurer of Mountain Lick Run Property Owners

Association (P.O.A) hereinafter referred to as the Association, being the Managers of

Certain Lands in Allen District, Morgan County, West Virginia, designated as Mountain
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Lick Run, a subdivision recorded in the Office of the Clerk of the Commission of Morgan
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County, West Virginia in Map Book 4, Page 148, have established a general plan for the F
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Owners' maintenance of those lands, dnd the Association do hereby declare and establish P
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the following covenants, conditions, ro$ervations, easement and restrictions upon those O
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Iands.
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1. Residential Use -No lot shall be used for other than all year round or seasonal o
residential or seasonal camping purposes, and no building shall be erected
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thereon other than a single family dwelling, one carport and/or garage, neither rt
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structure to accommodate more than (3) vehicles, and outbuildings for storage F.
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and/or workshops, no one such building to exceed 600 square feet. No F
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seasonal firmp9r shall exceed 55' in length. Not more than one half of the o
living area (including basement) of a building used as a dwelling is to be used
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for professional, business or handicrafl/workshop purposes, and no business I
conducted shall customarily employ more than two (2) persons at any one tsd
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time. o
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2. Setback Linqs -No building shall be located on any lot closer than 50 feet to o
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any road line or closcr than 35 feet to any interior line of the lot. qci
J. Subdivision - No lot shall be further subdivided. o
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4. Construction - The exterior construction of any building must be completed o
within one year'from the date it is started. ts
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5. Temporar.v Structures - Unless approved in writing by thg Association for
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temporary pu{poses, no mobile home or structure shall be permitted on any lot o
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except for a temporary construction shed during the period of actual exterior o
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construction of any building on the lot. Except for such construction shed, no rt
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building other than a fully completed dwelling shall be occupied unless such o
occupancy is approved in writing by the Association. Camping and camping
tents on any lot will be permitted so long as all camping equipment and E
vehicles ale removed from the lot when the property is not being occupied for o
more than thirty days. tn
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Size- The living area of any dwelling crected on a lot must not be less than
600 square feet, excluding basement, breezeways, carport and garage. @
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7. Architectural Contr.ol - Buildings or other improvements erected or altered
will be in accordance with architectural guidelines for building in the
Mountain Lick Run SuMivision.
8. Architectual Control Procedure - Residential Structure plans must be
submitted to the Association through its Secretary for comments on
conformity with covenants, reshictions and architectural controls. Failure by
the Association to reply within thirty days will be considered by the owner to
be a positive reply and commence building, providing that such plans meet
current Morgan County Restictions and Guidelines'
g. Easeml:nts- All easements and righs-of-way shall remain as established by
the developer of the subdivision for the installation and maintenance of
utilities and other purposes incidental to the enhancement of the property.
Such easements and rights-of-way shall be confined to ten (10) feet along all
lines of any lot and to the sheets or roads rights-of-way of the subdivision.
No part of any lot may be used as a road or as a righfof-way to any property
outside of this subdivision
10. Water and Sewer- All water supply systerns and sewage disposal systems
shall be located, constructed and operated in accordance with the requirements
and standards of the West Virginia Department of Health and with the
approval of the Association. No pit privies will be permitted. Temporary
self-contained toilet sheds shall bc placed in a secluded areq if available.
Culverts of at ldast 12 inchcs in diameter must be used in all driveways from
subdivision roads unless waived, in writing, by the Association.
11. Maintenance of Lots *No refuse pile or unsightly objects (anything which
detracts from the value of the property around it) shall be allowed to be placed
or to remain on any lot. Trash, garbage or other waste shall be kept in sanitary
containers. Equipment used for the storage of materials shall be kept in an
orderly, clean and sanitary condition. In the event that the owner of any lot
shall fait oi refuse to remove such refuse. piles or other unsightly objects, then
the Association may (in its' sole discretion and judgment as to the
unsightliness or non-sanitary conditions) proceed at law at the expense of the
lot owner to compel compliance with the tbrms of this covenant. Entry into
such lot to compel compliance shall not be deemed a tespass. All expenses
incurred to correct such violations will be paid by the lot owner within thirty
(30) days after the owner is billed therefore.
12. Animals -Animals may be kept on any lot providing that they do not become
(in the judgment of the majority of lot owners) a nuisance or endangerment.
13. Sigrrs.-No signs of any nature shall be displayed on any lot except a name
and address sign; a directiohal or informational sign placed by the
Association, of a sign advertising the property for sale or rent. In the case of a
professional oflice or harrdicraft strip, the sign may not be larger than 6"x 18".
14. Vehicles -No tnrck, tailer, bus or inoperative or unsightly vehicle of any
type may be left dr abandoned on any lot. No commercial or habitable vehicle
ofany nature shall be kept or stored on any sheet or on any lot unless it is
entirely hidden from yiew from the street and adjoining lots.
210 @64s

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shall be permiued on any lot which is or
15. Nuisances -No activity or condition
may become (in the sole judgment of the Association) a nuisance.
16. Assessments - The Association hereby reserves the right and power to subject
each lot to an annual maintenance charge for a per lot share of the cost of
maintaining the common roads and facilities of the subdivision. Any
assessment pursuant to this paragraph shall be made by the first.day of April
of each yeal and shall be paid by the fust day of June of the same yeiu. In the
event that the assessment against any lot is not paid when due, a lien shall be
created in favor of the Association and against such lot for the amount of the
assessment and all costs incurred in all actions required to compel a
compliance with the terms of this covenant. The Association will proceed to
recover all costs incurred to compel compliance.
17. Property Ow$ers Association - Each lot ovrner, in accepting a deed for any
lot, agrees to and shall be a member of and be subject.to the obligatiolp,and., ,. '..
the Articles of Association.of the Mo*unrain Lick $un'Prgpe$y Owners
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Association. The Articles of Associiiion'as recorded in the office of the
County Clerk of Morgan County, West Virginia in Book 120 atpage26l.
18. Propertv Owners Association (P.O.A-) -T-lre Aqgpciatio.*gieserves all rights to
enforce these covenants, c<inditions, ieservations,"easements and reitrictions. .

19. These covenants, conditions, reservations, easements and restrictions shall run
with the land and shall be binding on the owner of any lot until such time as
they are amended, deleted or terminated by written instrument, duly recorded,
by a majority of the property owners.

Addendum: Architectural Guidelines for Building in the Mountain Lick Run


Subdivisionl drallcd Jan. l, 1986 and revised Sept. 27, }aCB)
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1. New dwellings will be either white or earth tones.


2. Spark arrestors are required for all chimneys.
3. Sheds and other buildings witl be of similar materials or complementary to
primary dwelling.
4. Maintain "natural wood screening" between boundaries of property owner'S
lot ensure maximum individual privacy.
5. No dwelling will exceed 35 feet in height. A 5% variance increase can be
approved by the Board of Directors.
6. All fences are discOuraged and prior approval must be granted by the
Association's Board of Directors before installation.
7. Flat roofs on all dwellings are prohibited.
8. To discotrage vandalism, signs which indicate the location of the suMivision
are prohibited.

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In WITNESS THEREOF,TerryJohnston, President, Pat Buller, Secretary, and
Bil I Johnsto,a Treasurer,
Lick Rtrn Property Owners Association to be cxecuted this fl { day of_ I
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Witness:

., Treasurer

Cawttt Cleth's Ofilac SP 2a m


Dlorgan GountS, Wcct Vlrgftrr" ]' ;
*r* Sorcgoiig rariffmg, roar lhts dag preseatcd
In salri infi" aidttretarptm4dinfrtef, to tecosil
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