HomeMy WebLinkAbout39. 17-388 JULY 25, 2017 17-388 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: ORDER ASSESSOR'S PLAT FOR 1300 BLOCK OF CEAPE AVENUE
INITIATED BY: PETITIONERS—OWNERS OF CERTAIN LOTS WITHIN THE
PROPOSED ASSESSOR'S PLAT
WHEREAS, the City has received a petition from C. Danae Steele requesting the
Common Council to order an Assessor's Plat for the north side of the 1300 block of Ceape
Avenue; and
WHEAREAS, the petitioners request the City to order an Assessor's Plat for their
properties to rectify erroneous platting conducted in 1868 & 1894; and
WHEREAS,pursuant to§70.27(1)of the Wisconsin Statutes an Assessor's Plat may
be ordered by the City Council whenever in the judgment of the Council the description
of one or more parcels cannot be made sufficiently certain and accurate for the purposes
of assessment, taxation or tax title procedures without noting the correct metes and
bounds description or when gross errors exist in lot measurements or locations such that
difficulty is encountered in locating new structures, public utilities or streets; and
WHEREAS, the 1300 block of Ceape Avenue was originally platted in 1850 prior
to the incorporation of the City of Oshkosh and replatted in 1868 and 1894 with lot lines
being shifted to an angle not consistent with the already established homes and land uses
in the area; and
WHEREAS, the conflicting long term uses of the properties in this area and
description of the parcels based upon the original plat and replats of the properties in this
area have created difficulties in lot measurements, location of structures, determination
of setbacks and issuance of permits, and the determination of accurate assessments for
property tax purposes.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that an Assessor's Plat is hereby ordered to be prepared for the north side of the
1300 block of Ceape Avenue incorporating the following addresses:
JULY 25, 2017 17-388 RESOLUTION
CONT'D
1316 Ceape Avenue
1322 Ceape Avenue
1326 Ceape Avenue
1330 Ceape Avenue
1334 Ceape Avenue
1338 Ceape Avenue
1340 Ceape Avenue
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized
and directed to take such steps as are necessary and appropriate to prepare or cause to
be prepared the Assessor's Plat pursuant to this Order.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: July 20, 2017
RE: Resolution Ordering Assessor's Plat for 1300 Block of Ceape Avenue
BACKGROUND
The City has received a petition from the property owners of 1316, 1322, 1326, and 1334 Ceape
Avenue requesting the Common Council order an Assessor's Plat for the north side of Ceape
Avenue from 1316 to 1344 Ceape Avenue. The petitioners have been in contact with City staff
regarding this issue for some time and have attempted to work through the property issues
privately but have not been able to resolve the issues. In June, city staff contacted the property
owners in this area and invited all of the property owners to a meeting to discuss the property
line issues and the possibility of ordering an Assessor's Plat to resolve the issues surrounding
the property lines in this area.
The area encompassing the 1300 block of Ceape Avenue was originally platted in 1850 prior to
the city incorporating. This block (Block 3) was part of the Andreae and Priess Addition to the
Town Plat of Oshkosh. The land along Ceape was divided into a series of 40 -foot wide lots
with lot lines drawn perpendicular to Ceape Ave., with exception to the easternmost lot which
had a 80.5 -foot frontage.
In 1868 a surveyor named Palmer recorded his plat, Palmer's Plat of the 2nd Ward. The Plat re-
divided Block 3 by "twisting" the lot lines by approximately 17 degrees so the lot lines were no
longer perpendicular to Ceape Ave., but parallel with Rosalia St. (the intersection of Ceape and
Rosalia is not a 90 degree corner). This was done after homes and land uses were established
and created the problem we have today.
In 1894, a surveyor named Leach replatted the block (now Block 30) as part of Leaches map of
the 8th Ward. Leach did not modify any of the lots on the south side of the block. He only
further divided the north half. This plat is the current plat for this area.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Oshkosh
In 1934 the Department of Public Works surveyed this area and documented problems with
the existing land uses and lot lines in the area. The last three lines of the analysis state that,
"the lots as per Palmer's Map were not located as shown on Palmers Map and that the paper
title is incorrect and that a replat and quit claim deeds are necessary to clear the titles".
Although there appear to have been concerns raised through the years related to the lot lines
in this area, no replat was ever done.
Attached to this memorandum are copies of the plats for the area and an aerial from 2015
showing the proposed Assessor's Plat area and current lot lines as identified on Leach's Map
(not survey accurate). This aerial map shows historic uses not matching the lots of record for
this area.
ANALYSIS
Section 70.27(1) of the Wisconsin Statutes allows the City Council to order an Assessor's
Plat whenever in the judgment of the Council the description of one or more parcels cannot be
made sufficiently certain and accurate for the purposes of assessment, taxation or tax title
procedures without noting the correct metes and bounds description or when gross errors exist
in lot measurements or locations such that difficulty is encountered in locating new structures,
public utilities or streets. In this case, the 1300 block of Ceape Avenue was originally platted in
1850 prior to the incorporation of the City of Oshkosh and replatted in 1868 and 1894 with lot
lines being shifted to an angle not consistent with the already established homes and land uses
in the area. Current aerial photos clearly show a conflict between the existing uses in the area
and lot lines as established in the most recent plat. The conflicting long term uses of the
properties in this area and description of the parcels based upon the original plat and replats of
the properties in this area have created difficulties in lot measurements, location of structures,
determination of setbacks and issuance of permits, and the determination of accurate
assessments for property tax purposes.
Because of the confusion in establishing ownership interests in the parcels in this area
and the inability of the property owners to agree upon a resolution, staff recommends that the
Council order an Assessor's Plat be created for the north side of Ceape Avenue from 1316 to
1344 Ceape Avenue to accurately establish property lines for all purposes moving forward.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, W154903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
If an Assessor's Plat is ordered, the City will contract with a surveyor who will review
the existing documents pertaining to this area as well as survey the properties and existing
structures and create a new plat for this area. The plat, when completed will be brought back to
the Common Council for approval and upon approval will establish the property lines for this
area as of the date of approval. During the process of the Assessor's Plat, the property owners
will receive notice of the creation of the plat and have the opportunity to examine the maps and
make any comments upon them that they may wish the surveyor to consider. Property owners
would also have an opportunity to file suit to contest the Assessor's Plat prior to its final
adoption by the Council. Statutes provide that the costs for an Assessor's Plat be paid by the
governing body but that these costs may be assessed against the property included within the
plat. In this case, the City has identified Community Development Block Grant funding that is
available for this purpose and proposes to use that funding to address this neighborhood issue.
FISCAL IMPACT
It is anticipated that the costs for an Assessor's Plat will be approximately $3000. The City
proposes to use available CDBG funds for this purpose so there will be no cost directly to the
City or to the property owners for the Assessor's Plat.
RECOMMENDATION
Staff recommends adoption of the Resolution ordering the Assessor's Plat.
Respectfully Submitted,
jnnA. Lorens
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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To the4�e Ma!,,v, Cwmm.-pf the City of Oshkosh:
The petition of the undersigned JUdent of id city respectfully represents: L
That your petitioners are residents of the said city, and that each of them resides in the street of the said city Q f WOf H
respectively written below after their names(s), ON THE WATER
Name of Petitioner
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Proposed Ceape Avenue Assessor's Plat
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)/datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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Printing Date: 7/20/2017
Prepared by: City of Oshkosh, WI
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