AZ Daily Star Article: Saguaro Ranch / Public Easement Lawsuit

[Tortolita Public Easement]

It is very interesting to read the various opinions this article has provoked among certain members of the public.
The fact of the matter - the easement spoken of in this article is specifically "CONVEYED TO THE PUBLIC." It is specific to a surveyed legal description of land attached to the recording. Included in the easement dedication is the statement "THE ACTUAL ROAD THAT HAS BEEN IN USE AT ALL TIMES." (Docket 7718, pages 333-338)
This is not a trail or hiking path. It IS, and has always been, a ROAD! A road which historically had always been maintained by area landowners, myself included.
Although the original easement was dedicated "TO THE PUBLIC" back in the 70's, the road itself had existed many, many years prior to the original recordings.
Several generations have used this road with or without knowing that they are one in the same.(I.e., a public easement / a dirt road into the Tortolita's.)
For those who may not be as familiar with this situation, this public easement is located/accessed from the north end of Thornydale Road; dirt portion going over the hill (over the Saguaro Ranch tunnel) where it meets this public easement and travels in a north east direction where you meet the paved portion of the easement that travels through Saguaro Ranch and continues north towards the mountains.
This ROAD existed, and is one of two roads that was available to Mr. Phinny to access the area when he began purchasing parcels, and also during his designing and development approval process of the Saguaro Ranch Development.
(Take a look at the final plat approved by Marana in 2003, it identifies this easement: Docket 7718, pages 333-338. But, don't stop there, look at the Arizona Dept of Real Estate Sub-Division Report- It also lists the easement.)
Somewhere between Mr. Phinny obtaining his development approvals, building his tunnel, and certain other improvements, it appears he must of decided it would be worth more if it were ALL his. Sometime in mid/late 2007 he appeared to begin trying to take it for himself by placing gates w/locks across the recorded public easement. When that didn't keep the public out, he then began blocking the access with boulders. And now, has resorted to parking abandoned vehicles or construction equipment across the road.
Shame on you, Mr. Phinny!
The lots within Saguaro Ranch are private, but the road that travels through it; as described in the recorded easement, is PUBLIC. And, it is NOT just for being able to walk, ride bicycles or horses on. It is a ROAD that has always provided the ability for recreational use and/or scenic drives as well as accessing properties on the other side of the Tortolita's, etc..
We are currently in process of completing a survey to verify exactly where the public easement is located through the Saguaro Ranch Development. Something, it appears, Saguaro Ranch and it's developer doesn't want the public to see. Additionally, the survey has provided confirmation that the McClintock's restaurant has, indeed, been built across the RECORDED PUBLIC easement!
Theresa (Tracy) Chamberlain
www.youtube.com/TortolitaEasements

[Daniel D]

Marana wil abandon this path. It is not a public road. You people will need to find someone else to waste your time fighting.
Good luck to whover you set your sights on next.... One tip, don't use a felon to lead the charge next time.

[Tucson Resident]

Daniel D wrote:

Marana wil abandon this path. It is not a public road. You people will need to find someone else to waste your time fighting.
Good luck to whover you set your sights on next.... One tip, don't use a felon to lead the charge next time.

This is the type of thinking that will ultimately undermine the good reputation Marana is building for itself.

I have worked for developers my entire career, but fortunately never for this idiot type. Typically, they fall into development because there are no specific skills required to run a development company and they are born with money or connections, but if they get caught in a down cycle (like the current one), they lose their shirts because as I mentioned, they have no skills to begin with. Maybe that will happen here.

Hopefully Marana will realize also that padding the pockets of these clods is not worth tarnishing their reputation as a forward thinking municipality. I fully support granting developments private access points to parks, etc., where often they are also helping secure park borders, but not giving away an established road.

[Bob]

This is a historical case! Today, I'm going up the hill with my motorcycle to view and enjoy my entitled mountains! This trip will allow me to witness the case first hand.

We, the public already lost Ruelas Canyon in the tortillas to exclusive development. This is a classic battle between the rich and the common people. Should will feel bad for the developer because he has already spent millions and he can not have his exclusive private "ranch"? I say he took a risk and he thinks the town of Marana can give it to him. Let the people have their word. Government for the people by the people. Don't forget to follow the money too, is it in Marana's best interest to do away with the easment? Follow the money. My hope is that, money will not have its way, Well all voted for change! let it start here with this case.

Granted most people don't access this area, but does mean the town of Marana should let the easment go away? Who benefits? Save Marana's best mountains so that all future generations can enjoy it, not just the very wealthly. See you near the tunnel.

Bob

[Bob]

Tortilitas.