Committee to review developer's agreement with Iron Mountain properties

STAGECOACH - Complaints about unacceptable road conditions have placed a long-standing agreement between a developer and the county under scrutiny.

Residents living in the Iron Mountain subdivision, north of Highway 50 about 10 miles east of Dayton, say the developer of the five- and 10-acre properties has not lived up to conditions in a 1987 agreement.

Property owner Dr. Claudio Del Core last week told Lyon County commissioners he has been unsuccessful in getting Iron Mountain Ranch owner/developer Gene Empey to respond to requests for proper access to his parcel on the northwest corner of the project.

"Mr. Empey has had ample opportunity to cooperate and chosen not to. With no access, we have been forced to pay to have a road cut," Del Core told commissioners. "We don't expect a boulevard. We just ask for 25 feet to be able to access our property in a humane way."

Del Core's attorney, Joan Wright, asked the county to enforce the agreement.

Along with other property owners, Del Core also complained about the condition of Iron Mountain Boulevard, the subdivision's primary access road.

According to the agreement, the developers agreed to improve Iron Mountain Boulevard to county gravel road standards and to create county standard access to all other parcels. Iron Mountain Boulevard is to be paved upon the completion of 50 homes.

Approximately 25 homes have been built. The roads are privately owned and all are to be maintained by the Homeowner's Association.

Assistant District Attorney Steve Rye stressed the county should be concerned only with enforcement of issues related to the agreement and had no jurisdiction over continued maintenance of the private roads.

"I have not been able to find any bonding for road improvements. This is a primary issue," he said. "There may be an issue of the condition of the roads. We reviewed the agreement a year ago and found the terms of the agreement have been met. Today's meeting is to see that we are all on the same page."

Rye said it appeared to be a controversy between the developer and several homeowners, "And I suspect they are trying to interject the county into it."

County Road Superintendent Gary Fried said he did not believe all conditions of the agreement were being lived up to.

"To the best of my knowledge, no the agreement is not being met. I do not know if Iron Mountain Boulevard meets county standards, but I do know some roads are not there."

The board directed Rye to arrange a meeting between all involved parties and report back to the commission as to the status of the agreement.