Midway council approves $750,000 toward conservation easement for Pear Tree property

Midway City Council on a unanimous vote authorized up to $750,000 from the Midway Open Space Bond Fund to help purchase a conservation easement on roughly 40 acres near 850 South Center Street known in the meeting as the Pear Tree property.

Council members said the award would help preserve working agricultural land that is visible across much of Midway and the Heber Valley, and would leverage other funds to protect habitat and native sagebrush. The money was approved along with staff findings and revisions to two proposed conditions that the council discussed during the meeting.

The council considered a staff presentation and materials from Utah Openlands showing the parcel's estimated value at $6,500,000 and saying the owners would contribute about 25 percent of the sale price. Utah Openlands and the applicants requested a city contribution of $750,000; staff presented that level of support as producing roughly a 7-to-1 leveraging ratio for Midway's contribution based on currently identified sources.

City staff and Utah Openlands described how the parcel sits north of 850 South and contains about 40 acres, of which about 18 acres were reported as leased to a dairy operation. Staff presented a recommended set of findings and proposed conditions addressing the city's master street and trail plans, an eastern trail alignment, a 10-foot trail easement to accommodate agricultural access, and a request from the applicants that the trail not be opened to public use until the current owners die or title transfers.

Marissa Fenwick, a representative of Utah Openlands, told the council the planning commission and staff will still review the city's master-street and master-trail plans for the area. "We do have an application to look at the master street plan and master trail plan," Fenwick said, noting that planning review will occur separately from the council's funding decision.

Council members discussed two conditions at length. One would amend the master plan to remove a planned road through the parcel if the land is permanently encumbered by a conservation easement; the other would seek an agreement from the applicants not to oppose future annexation petitions if the property were swept into an annexation of surrounding acreage. Wendy (last name not specified), an online representative participating in the discussion, said she did not support placing an annexation requirement inside a conservation easement. "So just plainly no, we would not be putting in annexation provision in the conservation easement," she told the council, adding that donor-intent language or deed restrictions might instead be used to record expectations without jeopardizing federal funding.

Council members instructed staff and the applicants to refine the annexation language so it would be "legally permissible" and would not negatively affect the conservation easement or the ability to obtain other conservation funds. The applicants and Utah Openlands indicated they were willing to accept the revised conditions.

The Whites, the property owners who appeared in person, spoke briefly in support of conservation. "We want to see it preserved," one of the Whites said during public remarks.

Council action: a motion to accept the request for $750,000 from the Midway Open Space Bond Fund, adopt the staff findings and approve the two revisions to the conditions carried unanimously. The roll call vote recorded in the transcript shows all participating council members voting in the affirmative.

The council's decision is limited to funding authorization and findings; the master plan and trail/street plan changes discussed at the meeting will be processed separately through planning commission and any required follow-up council actions. Staff and Utah Openlands told the council they will continue to refine deed and easement language so it meets conservation requirements and the city's conditions without jeopardizing other funding sources.

The council and staff emphasized that some elements remain subject to subsequent legal review and separate planning approvals, including the exact wording related to annexation and how trail access will be recorded and enforced.