La Conner Weekly News - Your independent hometown award-winning newspaper

A Maple Avenue park property scorecard

By Ken Stern

CORRECTION TO PRINT EDITION: Last item updated and corrected. See note at bottom of article.

This set of definitions offer terms for navigating the Maple Avenue property dispute between residents and the Town.

What: Statutory Warranty Deed

When: April 16, 2021

Why: To guarantee that the grantor holds full and clear title to the property and will compensate the buyer against claims against the title in the future

Whom: Grantor: Hedlin family, as the Elizabeth Koudal, LLC; Buyer: Town of La Conner

Purpose: Filed concurrently with a restrictive covenant signed by the Town of La Conner. “The Restrictive Covenant shall run with the land described therein and be binding upon the Grantee’s successors and assigns.”

Why it matters: Residents, led by Hedlin family members, insist that the Town adhere to the deed’s terms and protect a 24,000 square foot park.

What: Restrictive Covenant

When: April 16, 2021

Why: An agreement included in a deed to real property that the buyer will be limited in the future use of the property.

Whom: Grantor: Town of La Conner; Grantee: Public

Purpose: “Restrictions Applicable to the Protected Property. … a. the Protected Property shall be used in perpetuity only for open space and/or for recreational activities open and available to the community and the public. All other uses shall be prohibited; … d. the Protected Property shall be comprised of no less than 24,000 contiguous square feet.”

Why it matters: The Town, through its attorney, Scott Thomas, states the option agreement takes precedence over this covenant.

What: Agreement – Option to Purchase Hedlin Property

When: May 26, 2020

Why: Town Council approved agreement for option to buy Hedlin family Maple Avenue property.

Whom: Owner: Hedlin family; Optionee: Town of La Conner

Purpose: “Owner agrees to sell and Optionee agrees to buy the Property and both parties agree to execute a contract for such purchase and sale of the Property.”

Why it matters: Includes “7. g. Deed Covenant. The deed conveying the Property to the Optionee shall include a covenant running with the land, restricting no less than 20,000 square feet of the Property to use as open space and/or recreational activities.” The Town’s position is that this clause takes precedence over the restrictive covenant.

What: Real Estate Purchase and Sale Agreement

When: April 10, 2021 (signed)

Why: “Subject to the terms and conditions of this Agreement and the terms of the Option Agreement incorporated herein by reference, at Closing Seller will sell the Property to Buyer and Buyer will purchase the Property from Seller.”

Whom: Seller: Elizabeth Koudal, LLC; Buyer: Town of La Conner

Purpose: “as provided for in Section 7 of the Option Agreement, the parties have agreed to enter into a contract for the purchase and sale of the Property in accordance with the terms set forth in the Option Agreement.”

Why it matters: This is the signed document between the Hedlin family and the Town incorporating the restrictive covenant and protecting “24,000 contiguous square feet.”

What: Joint Use Easement

When: April 16, 2021

Why: Town, while owning the Maple Avenue property, bundled parcels together “in order to develop” then assigned easements, including “as owner of Parcel A, does hereby grant a non-exclusive easement over, under and across a portion of Parcel A, the description and location of which is described in Paragraph 2 (c) herein, for the purpose of ingress, egress and utilities, for the benefit of Parcel B.”

Whom: Grantor: Town of La Conner; Grantee: Town of La Conner

Purpose: An easement is a non-possessory interest in another’s land that entitles the holder only the right to use such land in a specified manner.

Why it matters: The Town created easements while owning the property that violated the restrictive covenant, then sold the property to Landed Gentry, granting them access over a portion of the park land.

Correction:

The La Conner Town Council discussed but did not act on extinguishing the easement across Maple Field July 13. The Weekly News was wrong in writing “The Town succumbed to residents’ insistence that the Town uphold the restrictive covenant it signed with and for the ‘Public.’” Council did not take action. Also wrong was the “whom.” This is between the Town and Landed Gentry, the developer and owner of the easement.

Here is the corrected scorecard:

What: Release of Easement – Maple Ball Field

When: July 13, 2021 (no action taken)

Why: Developer Landed Gentry presented the Town with an agreement to extinguish its easement across a portion of Maple Park protected by the Town’s restrictive covenant.

Whom: La Conner Town Council; Landed Gentry as "Maple Fields"

Purpose: "Maple Fields, for and in consideration of the promises and agreements specifically set forth in Paragraph 2 herein [below, editor], agrees to the partial extinguishment of Easement C, extinguishing only ingress and egress provisions, but retaining an easement for utilities and the utilities maintenance responsibilities associated therewith."

Why it matters: Landed Gentry presented an agreement to extinguish that included these two items: “2. Consideration. La Conner specifically acknowledges that the Proposed Homes meet the Square Footage Limitation as set forth in the terms and conditions of the Purchase Agreement.

“3. Default. Should La Conner fail to approve the size of the Proposed Homes, this Agreement shall lack consideration and Maple Field will be entitled to full reinstatement of Easement C, among all other legal and equitable remedies available to Maple Field, including, but not limited to, specific performance and damages."

The Weekly News regrets this error.