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02/15/2006: "CC Settles Land Bank-Auge Dispute"

(Land Bank Map of disputed properties)


The County Council came out of an Executive Session late Tuesday to announce they had agreed to settle a dispute between the Land Bank and an adjoining land owner over a narrow strip of land on Westside Road on San Juan Island. According to a memo sent to the Council by Linclon Bormann, Director of the Land Bank, the "issue concerns a dispute between Sharmon Auge and the Land Bank over the boundary of the Land Bank's Westside Preserve adjacent to the Auge property. In 1993, the Land Bank purchased the Rosenfelt property that became the Westside Preserve. It is adjacent to Westside County Road. The Auge's own the property across the road to the east, (map above).


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In 1994, the County Road right-of-way was moved eastward to conform the location of the right of way with the location of the road. However, the deed which should have changed the legal descriptions of both properties to show that the Preserve boundary extended to the road was never recorded due to an oversight by the surveyor.

The Auge's attorney, William Weissinger, has made the argument that this leaves a strip of land west of the road under his client's ownership. He maintains that they could potentially place a trailer there as a rental unit. It so happens that the property in question is precisely where the entrance to the Westside Preserve is located.

While the merits of the Auge's case are arguable, County staff and the County Attorney have determined that settling the case outside of court is the preferred option. This course poses the least risk and is very likely the least costly choice. The County Attorney and the Auge's attorney have agreed that the Auges will quitclaim the property to the county for the sum of $15,000." The Council agreed with the memo and voted to approve the settlement, thereby potentially saving the County the cost of legal action that may, or may not, have gone in the favor of the County.