Midway Council extends deadline for Lundin Farm conservation easement, ties funds to water-share security and access conditions

Midway City Council on Monday voted unanimously to extend the city eadline for a conservation-easement purchase agreement on the Lundin Farm and approved revised conditions tying open-space bond funds to explicit security and access requirements.

The council moved to extend the May 15, 2024, deadline to Dec. 31, 2024, and authorized the mayor to sign a purchase agreement consistent with the revised conditions. Funds from Midway nd Wasatch County will be dispersed only after the parties execute the purchase and sale agreement and the required securities are in place.

Councilmember Kevin, who made the motion, said the changes are intended to preserve the agricultural character of the property while ensuring a workable emergency access. "This is a win for the community," he said during debate. The motion passed with Councilmembers Lisa, JC and Craig voting aye.

Why it matters: The Lundin property is a 119-acre parcel (19 acres lying within the Midway growth boundary, per staff) in a visible valley location. The council pproved use of up to $1,000,000 from Midway nd referenced $2,000,000 from Wasatch County toward the conservation easement in earlier actions; delaying formal recordation of the easement raised a fiscal risk the city required be secured.

Key terms approved by council - Water-share security: Staff and Utah Open Lands reported the Lundin family agreed to secure 40 Midway Irrigation shares that will "remain with the land" as part of the conservation easement. An additional 10 Midway Irrigation shares will be escrowed or otherwise secured for a total of 50 shares as protection for the open-space bond funds until recordation of the easement.

- Emergency access and trail conditions: The conservation easement must include an emergency-access/wildfire-evacuation route and a public trail. The parties identified a preferred southern access (through Sunburst Phase 3 and the "probe stitch" route up the western side of the Lundin property) and a guaranteed southern default via Lucerne Drive. The council also agreed that, if necessary, a narrower northern default route could be limited to evacuation-only under specific terms rather than be a full public access road.

Arguments and technical constraints Brandon, counsel for the Lundin clients, told the council that constructing a 20-foot switchback northern road could jeopardize eligibility for NRCS (Natural Resources Conservation Service) funding and ‘‘would make the whole point of this null and void." He urged flexibility so the family could preserve the funding strategy they had pursued.

Laura Lundin, speaking for the family, described the farm s an active agricultural operation with sprinkler risers and a historic plum orchard that would be affected by any alignment that required extensive grading or switchbacks. "The 3 of us were all in for the 20 feet, emergency access, trail across the probe stitch," she said, and stressed that the family must have funding in place by Dec. 15 under existing commitments or the property could be offered for sale.

Staff and Council response City staff and Utah Open Lands staff said they had negotiated compromises to limit city exposure while trying to protect the preferred emergency access route. Staff proposed removing language referring specifically to "switchbacks" and allowed for a default evacuation-only alignment if the preferred northern easement could not be secured. Staff also said the city would work with the Lundins to relocate or separate agricultural water lines if access construction impairs irrigation infrastructure.

Public input and neighboring HOA positions Debbie Farrell, president of the Swiss Oaks homeowners association, told the council the HOA board had discussed the proposal and was "more than willing to work with the county" to provide an easement if the board votes to do so. Doug Kronquist, treasurer for the Sunburst Ranch HOA, said Sunburst supports the conservation outcome and urged council to secure the conservation district.

Next steps The council pproved the motion to extend the deadline and authorized the mayor to sign the conservation-easement purchase agreement consistent with the revised findings and conditions. City staff and Utah Open Lands will continue to work with the Lundins, the Swiss Oaks HOA and Wasatch County to finalize easement descriptions, complete needed surveys and secure the listed water-share security. Disbursement of Midway open-space bond funds is conditioned on execution of the purchase and sale agreement and satisfaction of the escrow/security provisions.

Action taken: Council voted to extend the deadline to Dec. 31, 2024, authorize the mayor to sign the purchase agreement consistent with the revised conditions, and authorize dispersal of open-space bond funds upon execution of the purchase-and-sale agreement (motion passed unanimously).