Perpetuity: Eternal, forever
August 11, 2021
Our town administration agreed with the Hedlin family on a restricted covenant on the Maple Avenue property it bought. The covenant states a 24,000 square foot park in perpetuity. When does “in perpetuity” begin? Wouldn’t a rational person say, at the point of sale to the town?
Not so, according to our town lawyer. In the sales agreement with the developer, Landed Gentry, are several amendments, including:
“8. The seller (town) shall create a temporary construction easement in favor of the buyer (Landed Gentry) at Closing over the eastern forty (that’s 40’ x 120’) feet of the proposed park property as identified on Exhibit B. This area may be stripped of sod and graveled at Buyers expense and used for ingress and egress and construction parking and staging during construction.”
In a later document from Gentry titled “Agreement for Extinguishment of Easement” (which is 40’ x 120’):
“PARTIAL Extinguishment of Easement.” ... extinguishing only ingress and egress provisions ... but retaining an easement for utilities.”
There is no mention of extinguishing the easement for staging the construction in the park. Since the construction platform in the park was not mentioned, therefore, we must assume Landed Gentry can still use the park as a staging platform for construction.
The covenant for the park is in perpetuity. Now perpetuity means after the last unaffordable house is built, if ever.
Additionally, in the amendments of the sale of the ballfield to Landed Gentry, there is no mention of restoring gravel in the park back to grass growing on our rich Skagit silt loam. Who is responsible for the restoration? Did our town administrators grant another favor to Landed Gentry?