Robert Spitzer of Garvey Schubert Barer, P.C., contacted Health District staff on April 16, 2018, regarding a mutual encroachment between the Rucker and Potala Village buildings.

Health District staff notified legal counsel who reviewed applicable code for the appropriate resolution. Legal counsel advised staff of the need for a second survey to confirm the validity of the encroachment. Weed Graafstra worked with Garvey Schubert Barer, P.C., to draft the boundary line agreement (Exhibit A.) between the District and Potala Village, LLC, for consideration of the Board. The boundary line agreement was recommended by legal counsel because it provides a permanent resolution to the encroachment issue, eliminating the potential for property line complications in the event of a future Rucker Building sale.

On October 9, the Board of Health authorized the Administrator to sign the agreement and tasked staff with ensuring its filing. The agreement was properly recorded with Snohomish County on November 7, 2018.

RCW 58.04.007: Affected landowners may resolve dispute over location of a point or line. Consistent with Resolution 11-36 (12/13/11) and SHD’s “Division of Responsibilities,” the Board of Health retains contract approval authority for building purchase, construction, renovation, and leasing.

Briefing only. No action required.