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SOLD
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Terms and
Conditions:
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You are bidding on the
Full purchase price of this
property.
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This is
not a down payment.
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You
will receive a title insurance
policy for the full purchase price.
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You
will receive a Warranty Deed
free and clear of all liens and encumbrances.
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Winning bidder must arrange for payment
within 5 days of auction ending.
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$100.00
will be added to your purchase price for preparation and
recording of the deed and transfer return.
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This is a broker owned parcel
and it's being sold to the highest bidder with no reserve.
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This property is being advertised for sale locally and I reserve the right
to end the auction early if I receive an acceptable bid.
·
Please ask all questions prior to bidding.
It is expensive to list property on Ebay.
Please don't bid if you have
no intention of purchasing.
For a personal showing of this parcel, you
may call me at the toll free number
888-696-8695 or email me
:
john@thelandman.net
www.thelandman.net
Toll Free: 888-696-8695
Wisconsin River
Access
This is a
gorgeous wooded Cabin-site just north of Wisconsin Dells. It will
provide you and your family with access to the most exciting and best
known recreational opportunities Adams County has to offer. Miles of
boating, fishing and exploring will keep the pioneers happy while those
looking for culture will enjoy the quaint shops and eating places in the
Dells.
Adams county
also offers many small lakes for swimming & fishing as well as Castle Rock
lake and Lake Petenwell, which have over 35,000 acres of excellent water.
These lakes are 15 minutes away from the land. Public land is
abundant too along with many miles of snowmobile and ATV trails.
Call for a map or ask us to show you around the area.
Lot Size:
1/2 acre
Taxes:
$108.00
Lot Amenities:
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Guaranteed buildable.
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Blacktop road frontage.
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Electric & Phone at road.
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Lot map on file.
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Fully wooded.
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Shared ownership of 5 wooded acres on
the Wisconsin River.
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15 minutes north of Wisconsin Dells.
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Easy access year round.
Covenants:
DEER
TRAILS
SPRINGVILLE WISCONSIN
Conditions, Covenants, Restrictions,
Reservations,
and Easements affecting the property of:
DEER TRAILS SUBDIVISION
THIS
DECLARATION, made this 1st day of June, A. D., 1978,
by CARL M. KAKENMASTER and HELEN L. KAKENMASTER,
hereinafter called Declarant.
WITNESSETH
WHEREAS, Declarant is the owner of the real property described in Clause I
of this declaration, and is desirous of subjecting said real property to
the conditions, covenants, restrictions, reservations, and easements
hereinafter set forth, each and all of which is and are for the benefit of
said property and each owner thereof, and shall inure to the benefit of
and pass with said property, and each and every parcel thereof;
-
NOW
THEREFORE, Declarant hereby declares that the real property described in
and referred to in Clause I hereof is,
and shall be, held, transferred, sold, conveyed, and
occupied subject to the conditions, covenants, restrictions, reservations,
and easements (sometimes hereinafter collectively referred to as
“Covenants”) hereinafter set forth.
CLAUSE I
Property Subject to This Declaration
The
real property which is, and shall be, held, transferred, sold, conveyed,
and occupied subject to the Covenants set forth herein is located in the
Town of Springville, Adams County, Wisconsin, and is more particularly
described as follows, to-wit:
Parcel
1
Lots 1 through 94 inclusive, outlots 1 and
2, all being in Deer Trails, a recorded Subdivision, Town of Springville,
Adams County, State of Wisconsin.
Parcel 2
Certified survey map No. 673, recorded
March 14, 1978 at
2:05 P.M. in Volume 3 of Certified Surveys,
on
pages 285—286, as Document No. 259244,
all of
which real property is hereinafter referred to collectively as “Deer
Trails,” a subdivision plat of which is recorded in the Office of the
Recorder of Deeds of Adams County, in Wisconsin.
CLAUSE II
General Purposes of This Declaration
The
real property in Clause I hereof is subjected to the Covenants hereby
declared to insure proper use and appropriate development and improvement
of Deer Trails and every part thereof; to protect the owners of property
therein against such improper use of surrounding lots as may depreciate
the value of their property; to guard against the erection thereon of
buildings built of improper or unsuitable materials; to insure adequate
and reasonable development of said property; to encourage the erection of
attractive improvements thereon, with appropriate locations thereof; to
prevent haphazard and inharmonious improvement; to secure and maintain
proper setbacks from streets, and adequate free spaces between structures;
and in general to provide adequately for a highest type and quality of
improvement in Deer Trails; and to insure desired high stands of
maintenance and operation of community facilities and services benefited
to all owners of property by maintaining and promoting the desired
character of the entire Deer Trails and convenience to all residents.
CLAUSE III
Definitions
BUILDING. Any structure having a roof, supported by columns or by walls
and intended for the shelter, housing, or enclosure of any person, animal,
or chattel.
—2—
BUILDING, ACCESSORY. A subordinate building or portion of a principal
building the use of which is incidental to that of the principal building
and customary in connection with that use.
DECLARANT. Carl M. Kakenmaster and Helen L. Kakenmaster, their successors
and assigns.
DWELLING. A residential building or portion thereof, but not including
hotels, motels, rooming houses, nursing homes, tourist homes, or trailers.
FAMILY.
One or more persons each related to the other by blood, marriage, or legal
adoption, or a group of not more than three persons not all so related,
together with his or their domestic servants, maintaining a common
household in a dwelling.
LOT.
A parcel of land, under common fee
ownership, occupied by or intended for occupancy by one dwelling and
having frontage upon a street. Therefore, a “lot” may or may not coincide
with a lot of record.
LOT
AREA. The area of a horizontal plane, bounded by the vertical planes
through front, side, and rear lot lines.
STRUCTURE. Anything erected or constructed, the use of which requires more
or less permanent location on or in the ground, or attached to something
having a permanent location on or in the ground. A sign or other
advertising device, detached or projecting, shall be construed to be a
separate structure.
CLAUSE IV
General Restrictions
1. LAND
USE AND BUILDING TYPE
All
lots in Deer Trails shall be used for private residence purposes only,
except out lots 1 and 2 and certified survey map No. 673 labeled Community
Grounds which shall be used for recreational purposes only, and no
building except as specifically authorized elsewhere in this Declaration,
shall be erected, re—erected or maintained thereon, except one dwelling
erected for occupancy by one family, and a private garage.
—3—
2.
General
Requirements
a) Only
one single family residence shall be erected or maintained for the sole
use of the owner on any one lot.
b) No
other building may be erected prior to the Completion
of
the
residence and then only one other building may be erected or maintained
and must conform in external appearance to said residence.
c) No
residential building shall be erected or maintained having a ground floor
area of less than 880 square feet, exclusive of porches, projections and
garages.
d)
Building, including porches and extensions must have a full foundation.
e) No
outside toilet or privy shall be erected or maintained. Septic system must
meet State Board of Health requirements.
f) The
placing of housetrailers on any lot shall be prohibited.
g) Only
the usual household pets shall be permitted.
3. Easements
In the
recorded Plat of Subdivision of Deer Trails, Declarant has:
a) Granted an easement to Wisconsin Electric
Company and Wisconsin General Telephone company and their respective
successors and assigns within the area as shown by dotted lines on the
plat and marked “Utility Easement” to install, lay, construct, renew,
operate and maintain underground utility pipes and conduits and other
underground equipment for the purpose of serving the subdivision with
telephone and electric service; also the right to use the streets for said
purposes, the right to enter upon the lots at all times to install, lay,
Construct, renew, operate and maintain within said easement area said
pipes and conduits and other underground equipment and finally the right
to cut down and remove any trees, shrubs, or saplings that interfere or
threaten to interfere with any of the aforesaid uses or rights therein
granted. No permanent buildings or trees shall be placed on said easement
but some may be used for gardens, shrubs, landscaping and other purposes
that do not then or later interfere with said uses or rights therein
granted.
4. Home Occupations, Nuisances, and Livestock
No
gainful occupation or profession, or other non—residential use, shall be
conducted on property or in any buildings located in Deer Trails. No
noxious or offensive activity shall be carried on,
in or
—4—
upon
any premises, nor shall anything be done thereon which may be, or may
become, an annoyance or nuisance to the neighborhood. No livestock,
poultry, or more than two dogs or cats, over four months of age, shall be
kept or maintained on any lot. No burning of refuse shall be permitted
outside the dwelling, except that the burning of leaves is permitted. The
use of any garage, carport, driveway, or parking area which may be in
front or adjacent to or part of any lot as a habitual parking place for
commercial vehicles is prohibited. The parkway located between the
pavement and the lot line of each lot shall not be used for the parking of
private or commerCial vehicles or boats or trailers. The term “commercial
vehicles” shall include all trucks and vehicular equipment which shall
bear signs or have printed on the side of same, reference to any
commercial undertaking or enterprise.
5.
Temporary Structures
No
trailer, basement of an uncompleted building, tent, shack, garage, barn,
and no temporary building or structure of any kind shall be used at any
time for a residence either temporary or permanent. Temporary buildings or
structures used during the construction of a dwelling shall be on the sane
lot as the dwelling, and such buildings or structures shall be removed
upon the completion of construction.
6.
River and Community Grounds
The
river and community grounds within Deer Trails may be used by all
residents of Deer Trails and their guests for recreational purposes.
Boating, fishing, and other aquatic sports will be permitted.
7.
Underground Wiring
No
lines or wires for communication or the transmission of electric current
or power or telephone service shall be constructed, placed, or permitted
to be placed anywhere in Deer Trails other than within buildings or
structures or attached to their walls, unless the same shall be contained
in conduits, or approved cables constructed, placed, and maintained
underground.
8. Deer Trails Company Option to Purchase if Sold
Deer
Trails reserves to itself, its successors and assigns, an assignable
option to purchase any real property together with any improvements
thereon in Deer Trails on the same terms and conditions as nay be
contained in any bona fide offer that any owner from time to time of
—5—
any
such property and improvements may receive for the purchase thereof. Said
Deer Trails shall have 15 days from actual receipt by it of notice from
any such owner of any such offer to exercise its option to purchase said
property and improvements. Said notice shall specify the terms and
conditions contained in such offer, the name of the offeror, his residence
address and his business and social affiliations. Said option shall be
effectively exercise, if at all, by a written notice from Deer Trails
mailed or delivered to said owner within said 15 day period wherein Deer
Trails Company agrees to purchase said premises on said terms and
conditions. Should Deer Trails fail within said period so to exercise its
option, then the owner of said premises shall have the right to sell said
premises to said offeror on said terms and conditions subject to each and
every restriction, limitation and condition herein contained. This option
shall terminate 21 years after the date on which this Declaration is
recorded unless sooner terminated.
9. Deviations by Agreement With
Declarant
Declarant hereby reserves the right to enter into agreements with the
grantee of any lot or lots (without the consent of grantees of other lots
or adjoining or adjacent property) to deviate from any or all of the
Covenants set forth herein, provided there are practical difficulties or
particular hardships evidenced by the grantee, and any such deviation
(which shall be manifested by an agreement in writing) shall not
constitute a waiver of any such Covenant as to the remaining real property
in Deer Trails.
CLAUSE
V
Deer
Trails Community Association
1.
CREATION AND PURPOSES
There
shall be formed a Wisconsin not—for—profit association to be known as the
Deer Trails Community Association (hereinafter referred to as the
“Association”), whose purposes shall be to insure high standards of
maintenance and operation of all property in Deer Trails by Declarant for
the common use of all residents and owners of property therein and to
insure the provision of services and facilities of common benefit, and in
general to maintain and promote the desired character of Deer Trails.
—6—
2.
MEMBERSHIP AND VOTING
Deer
Trails, its successors and assigns and every record owner of a fee simple
interest in Deer Trails shall become and be a member of the association
and each such member, icluding the declarant, shall be entitled to one
vote on each matter submitted to a vote of members for each lot owned by
him or it, provided that where title to a lot is in more than one person,
such co-owners acting jointly shall be entitled to but one vote.
3.
POWERS AND DUTIES OF THE ASSOCIATION
The
Association shall have the following powers and duties:
a. To
manage and control the community grounds within Deer Trails.
b. To
the extent such services are not provided by any governmental body.
(1) To
care for, spray, trim, protect and replant trees on all streets and in
other public places where trees have once been planted, and to care for,
protect and replant shrubbery and grass in the parkways which are in the
streets and in the parks set aside for the general use of residents and
owners of property in Deer Trails.
(2) To
provide for the plowing and removal of snow from public sidewalks and
streets.
(3) To
provide for the cleaning of streets, gutters, catch basins, public
sidewalks and for the repair and maintenance of storm sewers and
appurtenant drainage facilities-
(4) To
spray and to take other measures for mosquito and fly abatement within
Deer Trails,
c. To mow, care for, and maintain vacant
and unimproved property and remove rubbish from same and to do any other
things necessary or desirable in the judgment of the officers of the
Association to keep any vacant and unimproved property and parkways in
front of any property in Deer Trails neat in appearance and in good order.
d. To provide for the maintenance of
facilities in any public street or park, or on any land set aside for the
general use of the property owners and residents in Deer Trails.
—7—
e. To
own or lease such real estate as ma/ be reasonably necessary in order to
carry out the purposes of the Association, and to pay taxes:
(i) On
such real estate as may be owned by it; and (ii) which may be assessed
against the community grounds whether or not owned by the Association.
f. To
make such improvements to the community grounds and parkways within
streets in Deer Trails and provide such other facilities and services as
may be authorized from time to time by the affirmative vote of two—thirds
of the members of the Association acting in accordance with its
constitution and by—laws, provided, however, that any such action so
authorized shall always be for the express purpose of keeping Deer Trails
a highly desirable residential community.
4.
METHOD OF PROVIDING GENERAL FUNDS
a. For
the purpose of providing a general fund to enable the Association to
exercise the powers, and make and maintain the improvements and render the
services herein provided for, the Board of Governors of the Association
shall determine for each year the total amount required of such fund for
such year and may levy an annual assessment uniformly against each lot in
Deer Trails,
b. In
the event of failure of any owner to pay any assessment on or before 30
days following notice to such owner of such assessment, or the scheduled
due date thereof, if later, then such assessment shall become delinquent
and shall bear interest at the rate of seven per cent per annum from the
due date thereof to the date of payment, and the Association shall have a
lien on each lot against which such assessment is levied to secure payment
thereof, plus interest. When delinquent, payment of both principal and
interest may thereafter be enforced against the owner personally, or as a
lien on said real estate. It shall be the duty of the Association to bring
suits to enforce such liens before the expiration thereof. The association
may, at its discretion, file certificates of non-payment of assessments in
the office of the Recorder of Deeds whenever any such assessments are
delinquent. For each certificate so filed, the Association shall be
entitled to collect from the owner or owners of the real property
described therein a fee of $10.00, which fee is hereby declared to be a
lien upon the real estate so described in said certificate. Such fee shall
be collectible in the same manner as the original assessments provided for
herein and in addition to the interest and principal due thereon.
—8--
c. The
liens herein provided shall be subject and subordinate to the lien of any
valid mortgage or deed of trust mow existing or which may hereafter be
placed on said real property.
d.
Such liens shall continue for a period of five years from the date of
delinquency and no longer, unless within such time suit shall have been
filed for the collection of the assessment, in which case the lien shall
continue until the termination of the suit and until the sale of the
property under execution of the judgment in such suit.
5.
EXPENDITURES LIMITED TO ASSESSMENT FOR CURRENT YEAR
The
Association shall not expend more money within any one year than the total
amount of the assessment for that particular year, plus any surplus which
it may have on hand from previous assessments; nor shall said Association
enter into any contract whatever binding the assessment of any future
year, except for contracts for utilities, and no such contract shall be
valid or enforceable against the Association.
6.
PROCEDURE FOR AMENDMENTS
This
Clause may be amended at any time by written consent of two—thirds of the
members of the Association evidenced by an agreement or agreements for
that purpose duly executed and acknowledged by such members and recorded
in the Office of the Recorder of Deeds of Adams County, Wisconsin.
CLAUSE VI
General Provisions
1.
Each of the Covenants set forth in this Declaration shall continue and be
binding as set forth in paragraph 2 of this Clause VI for an initial
period of 30 years from the 1st day of June, 1978, and thereafter
for successive periods of 25 years each.
2. The
Covenants herein set forth shall run with the land and bind Declarant,
their successors, grantees and assigns, and all parties claiming by,
through or under them. Declarant and each owner or owners of any of the
above land from time to time shall have the right jointly and separately
to sue for and obtain a prohibitive or mandatory injunction to prevent the
breach of, or to enforce the observance of,
—9—
the
Covenants above set forth, or any of them, in addition to the right to
bring an ordinary legal action for damages. Whenever there shall have been
built on any lot in Deer Trails any structure which is and remains in
violation of the Covenants above set forth, or any of the, for a period of
30 days after actual receipt of written notice of such violation from
Declarant by the owner of such lot, then Declarant shall have, in addition
to the foregoing rights, the right to enter upon the property where such
violation exists and summarily abate or remove the same at the expense of
the owner, and such entry and abatement or removal shall not be deemed a
trespass. In no event shall the failure of Declarant and such owners to
enforce any of the covenants herein set forth as to a particular violation
be deemed to be a waiver of the right to do so as to any subsequent
violation.
3. The
record owners in fee simple of the residential lots in Deer Trails may
revoke, modify, amend or supplement in whole or in part any or all of the
covenants and conditions contained in this Declaration and may release
from any part any or all of said covenants all or any part of the real
property subject thereto, but only at the following times and in the
following manner.
a. Any
such change or changes may be made effective at any time within ten years
from the date of recording of this Declaration if the record owmers in fee
simple of at least three—fourths of said lots consent thereto.
b. Any
such change or changes may be made effective at the end of said initial 30
year period or any such successive 25 year period of the record owners in
fee simple of at least two—thirds of said lots consent thereto at least
five years prior to the end of any such period.
c. Any
such consents shall be effective only if expressed in a written instrument
or instruments executed and acknowledged by each of the consenting owners
and recorded in the Office of the Recorder of Deeds of Adams County,
Wisconsin.
Provided, however that the prior clause may be amended at time in the
manner therein set forth. A recordable certificate by an accredited
abstractor or title guaranty company doimg business in Adams County,
Wisconsin, as to the record ownership of said property shall be deemed
conclusive evidence thereof with regard to compliance with the provisions
of this section. Upon and after the effective date of any such change or
changes, it or they shall be binding upon all persons, firms, and
— 10 —
corporations then owning property in Deer Trails and shall run with the
land and bind all persons claiming by, through or under any one or more of
them.
4. All
Covenants, liens and other provisions herein set forth shall be subject to
and subordinate to all mortgages or deeds of trust in the nature of a
mortgage now or hereafter executed, encumbering and of the real property
in Deer Trails, and note of said Covenants, liens or other provisions
shall supersede or in any way reduce the security or affect the validity
of any such mortgage or deed of trust in the nature of a mortgage.
However, if any such property is acquired in lieu of foreclosure, or is
sold under foreclosure of any mortgage or under the provisions of any deed
of trust in the nature of a mortgage. or under any judicial sale, any
purchaser at such sale, his or its grantees, heirs, personal
representatives, successors, or assigns shall hold any and all such
property so purchased or acquired subject to all the Covenants, liens and
other provisions of this Declaration.
5. If a
court of competent jurisdiction shall hold invalid or
unenforceable any part of any
Covenant or provision contained in this Declaration, such holding shall
not impair, invalidate or otherwise affect the remainder of this
Declaration which shall remain in full force in effect.
6.
Declarant reserves the right to vest the Association with all or any of
the rights, privileges, easements, powers and duties herein retained or
reserved by the Declarant by written instrument or instruments in the
nature of an assignment which shall be effective when recorded in the
Office of the Recorder of Deeds of Adams County, Wisconsin, and Declarant
shall maintain a file of such addresses and make the some available to the
Association. A written or printed notice, deposited in the United States
Post Office, postage prepaid, and addressed to any owner at the last
address filed by such owner with Declarant shall be sufficient and proper
notice to such owner wherever notices are required in this Declaration.
IN WITNESS HEREOF, CARL M. KAKENMASTER and HELEN
L.
—
11
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AMENDMENT OF BYLAWS
—
DEERTAILS CONDOMINIUM ASSOCIATION
Whereas, Section 1, of Article III of the bylaws off the Deer Trails
condominium Association reads as follows:
Number,
election and term of Office. The Board of Directors of the Association
(sometimes referred to herein as the “Board”) shall consist of six (6)
members (hereinafter referred to as “directors’). Directors shall be
elected by a majority of the votes
present
at the regular annual meeting of
Association members. Each person elected to the Board at the first
annual election and
thereafter shall hold office for a term of three (3) years and until his
successor shall be elected and qualified.
Now therefore be it resolved, that said
Section I
of Article III of said bylaws be and hereby
is amended so as to read as follows:
Number, election and term of office.
The Board of
Directors of the Association (sometimes referred to herein as the Board
shall consist of one (1) member (hereinafter referred to
as directors). Said director shall be
elected by a majority
of the
votes present at the regular annual meeting of Association
members. Said director shall hold office
for a term of one
year and until his successor shall
he elected and qualified.
BOARD
OF
DIRECTORS JANUARY
31,
1984
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_________________________ __________________________
THOMAS WEILAND ROBERT
ALTON
_______________________
________________________
CARL STREHLE
CARL KAKENMASTER
888-696-8695
www.thelandman.net
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