Town residents push Council to reverse Maple park easement

Ken Stern | Jul 14, 20210

Last night’s La Conner Town Council meeting, the first in-person community discussion in 16 months, promised to be a crowded, long and loud affair as pushback by area residents again put before council demands that the Town follow the commitments it made for a 24,000 square feet park for public use and open space when it bought the Hedlin family’s Maple Avenue property in April.

On the council agenda was “Release of Easement – Maple Ball Field.” Council approval will mean terminating the easement across a portion of this new park, protected by the Town’s restrictive covenant. That follows Administrator Scott Thomas’ statement at the June 22 council meeting, when he said developer Landed Gentry’s plans were to have the sole access into their subdivision from Maple Avenue, eliminating the need for an easemen for accesst from Talbott Street.

The Town created the easement in April, the day it purchased the property from the Hedlins and sold it to Landed Gentry.

Residents have organized, rallying support the last three weeks, continuing to pressure council and the mayor. That included a second letter from Hedlin family members Jules Riske and Kai Ottesen and signed by 46 people, emails, meetings, phone calls and an ad in the July 7 Weekly News inviting engagement “in your local community government” and attendance at the July 13 council meeting.

This duplicates the effort ahead of the June 22 council meeting, when Riske and Ottesen sent a letter signed by 32 area residents to the town government June 10. That night people spoke for close to an hour, pushing the Town to follow the statutory warranty deed and restrictive covenant the Town signed the day it purchased the property from the Hedlins. The property was immediately sold to the developer Landed Gentry.

The pushback by area residents demanding the Town of La Conner follow its commitments to a 24,000 square feet park for public use and open space when it bought the Hedlin family’s Maple Avenue property in April continued at last night’s town council meeting. The story will be in the July 21 Weekly News, which went to press before the meeting.

Real estate and legal term definitions: page 2.

A Maple Avenue park property scorecard

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.