Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Open Space topic
No spam. Unsubscribe anytime.
Midway council extends open-space bond funds for Lundin property to July 1
Summary
The Midway City Council approved an extension of open-space bond funds tied to the Lundin property, citing recent court developments and ongoing negotiations; councilors conditioned the extension on prior findings and said staff will return with revised paperwork.
The Midway City Council voted to extend the open-space bond funds allocated to the Lundin property through midnight on July 1, approving the extension with the same findings and conditions attached to prior approvals.
The extension request followed a February dismissal of a right-of-first-refusal lawsuit involving Robert Fuller and Lending Farms, developments in settlement negotiations and continued coordination with county staff, the family and attorneys. Wendy (project representative) told the council the dismissal changed which provisions needed to appear in the purchase-and-sale agreement and asked for more time to redraft the document so a final, recorded conservation easement could accompany bond disbursement.
Wendy said the court dismissal “would not trigger the right of first refusal,” and that several passages in the judge’s order indicate an easement can be placed without forcing sale of the fee title. She asked the council to extend the April 30 deadline because the family has a status hearing in June and the parties want to ensure the purchase-and-sale agreement and required documents are correct before returning to the council.
Council members questioned timing and security for public funds. One councilor noted the county’s obligation of funds and asked whether the family would escrow water shares or use another instrument as collateral before recording the easement. Corbin, the city attorney, was asked to clarify legal and drafting options.
Speakers and county staff discussed a separate but related federal grant timeline: Midway had applied for an RCPP (Regional Conservation Partnership Program) grant and submitted its project package. Wendy said some federal funds were frozen by the administration in January, though she reported that some previously frozen funds had been unfrozen by late February. That uncertainty contributed to the request for more time.
Council discussion referenced prior deadlines: a missed settlement deadline on Dec. 20, a subsequent extension into January, and an April 30 extension the council had set earlier. Council members who spoke said they were comfortable granting a single, time-limited extension to allow staff and the family to finish revised legal documents rather than returning a partially drafted agreement.
The council made a motion to extend the open-space funds allocation to the Lundin property through July 1, with the extension conditioned on the prior findings and conditions previously adopted. The motion was seconded and passed on a recorded voice vote; Craig, Kevin, Jeff and JC voted “aye.”
Councilors and staff said if the package is not ready by July 1 the council can consider another extension, but noted they preferred to see finalized documents, including whatever collateral arrangement is chosen, before final disbursement. Wybie Fisher of Utah Openlands attended and was acknowledged during the item.
Next steps: city and county attorneys will work with the Lundin family’s counsel to redraft the purchase-and-sale agreement to reflect the court dismissal and to define collateral or escrow arrangements acceptable to the city and county. The council expects staff to return with the revised agreement for final action at or before the July 1 meeting.
