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Commission tables easement request from Kandor after some members say they were unaware of the recorded easement
Summary
The commission tabled a request to grant an ingress/egress easement through county land that was part of an earlier sale to Kandor; county members asked staff to recheck closing documents and the recorded plat before making a decision.
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The Iron County Commission on Monday voted to table action on a request by Kandor (represented by DME Real Estate) for an ingress/egress easement across county property that had been sold to Kandor in 2023. Commissioners said some elected officials were unaware the easement had been shown on the plat or agreed to during negotiations, and they asked staff to review closing documents and title work before bringing the matter back.
Rick (DME Real Estate), who said he represents Kandor, told the commission the easement and plat were prepared prior to the closing and that the easement was part of the original sale terms presented to the county. He said the plat showing the dedicated access was recorded and that the parties had discussed the easement as part of the negotiated sale: "When Candor bought this property... the easement as shown on the plat map was always discussed and always part of selling that property."
Several commissioners responded that they had not seen the easement shown on the materials they reviewed before voting to buy the property and raised concerns about granting a road easement across county land without explicit written consideration at closing. One commissioner suggested that if the easement had not been properly disclosed during closing the county should seek compensation equivalent to the land value crossing the county parcel.
County legal staff and the title company will be asked to pull the recorded plat, closing packet, deed references, and survey information (ALTA) so the commission can verify whether the easement was properly conveyed at the time of sale. Commissioners set the item to return to a future meeting after staff research.
