Buck Park transfer stalls over ‘First Right of Use’

After over two years of deliberation, Orcas Island School district and the Orcas Island Park and Recreation District remain at an impasse over the potential transfer of Buck Park ownership to OIPRD.

by MEREDITH M. GRIFFITH

Sounder contributor

After over two years of deliberation, Orcas Island School district and the Orcas Island Park and Recreation District remain at an impasse over the potential transfer of Buck Park ownership to OIPRD.

“We want OIPRD to have the park, but … we just need some concrete assurance that the school district will come first [for park use],” said school board member Janet Brownell at the September 26 meeting, also officially attended by the OIPRD board.

Attorney Adina Cunningham, representing OIPRD, said that the 1987 quit claim deed by donor Robert Buck expressly designated the land for public park and recreational uses, with transfer possible only to a nonprofit or recreation district. The school district accepted ownership in 1992 to obtain state grant funding in order to develop it as a public park, and the grant secured certain park use rights for Washington state residents. Cunningham said OIPRD would be “walking a fine line” in that regard by promising the school any exclusive use rights to Buck Park.

“We clearly have advice from our attorney that conflicts with Adina,” said school board vice-chair Scott Lancaster, suggesting the school board “at the very least, break off the whole thing and offer a lease for four or five years.” OIPRD currently manages the park under a lease agreement.

The school board has proposed a quit claim deed to Buck Park that would transfer ownership to OIPRD, but reserves first right of use for school athletics and classes, and shared use of the well, both free of charge. OIPRD would maintain the park to a predetermined standard, and could not transfer interest in the property without school approval. And if OIPRD dissolved or failed to fully observe all conditions, park ownership would revert back to the school district.

OIPRD commissioners Martha Farish and Bob Eagan questioned the need for the school board to include such requirements in a quit claim deed instead of an interlocal agreement.

“This community has always supported our kids,” said Eagan. “If we didn’t give the kids priority, we would have people chewing us up one side and down the other.” School board member Tony Ghazel questioned whether that priority would be secure 10-20 years in the future.

“We should not govern from the grave,” said Farish. “This may not be appropriate in 2030 or 2050.”

The school board discussion concluded with Lancaster’s unanimously approved motion to approve the proposed quit claim deed and to invite OIPRD to a board-to-board meeting.

For a Buck Park history timeline, go here.