Adopt Resolution 11-47, authorizing the acquisition of Salcido Ranch Road and Claras Way across State Trust Lands in the Benson area and authorize an amendment to the Cochise County Maintained Road System Maps to accurately reflect the alignment of Claras Way.

Salcido Ranch Road together with Claras Way run northwest from Mescal Road into Pima County. Salcido Ranch Road appears on Highway department road maps dated 1951 and the current alignment of what is known as Claras Way has been maintained by the County since 1983. In the relatively recent past, property associated with the Cumaro Valley Road Improvement Association (CVRIA) within Pima County was developed, which utilizes these two roads as their primary access. The roads lie entirely within State Trust lands and while portions were open for public use since 1950, a right-of-way across the Arizona State Land Department (ASLD) was not perfected.

ASLD has since cited the CVRIA with trespass which prompted the CVRIA to initiate acquiring a right-of-way. During this process ASLD has recommended that the CVRIA contact both Pima and Cochise County to see if they would accept the right-of-way in the public’s name. ASLD informed this department that their purpose behind this request is that it provides greater benefit to legitimize the use of the road for the general public as opposed to only one entity being CVRIA. Pima County has decided not to partner with CVRIA due to the fact that the roads within Pima County are not a part of their maintenance system and they do not foresee adding the roads within the near future. Cochise County’s situation is different in that we currently maintain both roads up to the County boundary.

At any time CVRIA can file an application on their own behalf, however they are willing to work with the County. The added cost of this partnership would be an additional application processing fee of $500. The reason for this addition is because there will now be two applications to be filed by two separate lease holders, one application by CVRIA for the roads within Pima County and one application by Cochise County. Due to the fact that this fee is added due to partnering with the County, staff recommends that the County contribute this cost out of the Right-of-way Miscellaneous Fund. The remaining costs associated with the acquisition, including survey, archaeological reports, appraisal, acquisition, etc., will be paid by CVRIA. CVRIA has already expended funds and obtained the survey for a 30’ wide road alignment and archaeological report.

Regarding the revision to the maintenance maps for Claras Way, the road first appears per a 1975 version of the department’s “County Functional and Maintained Road System” maps. Since 1975 the road alignment has been known as Salcido Ranch Road, Bell Road, and eventually Claras Way. The 1975 alignment was approximately 0.8 miles south of what is currently signed and known as Claras Way. In 1983 it appears that maintenance activities ceased for the 1975 alignment and began on the current alignment. In 1989 the Board adopted the Maintained Road System Maps per Resolution 89-107 and it is believed that the 1989 maps utilized the 1975 version to depict this remote road location. However the 1975 alignment is overgrown and appears to no longer be utilized. Further in 2005, when the road name was again changed, the alignment 0.8 miles to the north of the 1975 alignment was signed as Claras Way. Regarding continued maintenance of the current alignment, recently ARS 28-6705 was amended to allow maintenance of roads opened after June 13, 1975, accepted for maintenance before June 13, 1985 and not constructed to standards. This change became effective October 1, 2011 and provides a method to continue primitive maintenance for this 1983 alignment.

In as much as partnering with CVRIA to perfect 7.9 acres or 2.2 miles of currently maintained right-of-way and correcting the maintenance maps benefits both the area residents and public at large, this department recommends adoption of the accompanying resolution to amend the Cochise County Maintained Road System Maps and submit an application to ASLD for $500 to acquire the right-of-way utilizing CVRIA funds.

If approved, staff will coordinate with CVRIA to receive the archeological report and survey. Staff will submit an application to ASLD and acquire a perpetual right-of-way lease.

Should the item not be approved, CVRIA will submit an application on their behalf and the right-of-way lease acquired will be assigned to CVRIA as opposed to the public at large. Further the Cochise County Maintained Road System Maps will need to be addressed regarding the maintenance of Claras Way.

Please sign and mail the letter together with recorded copy of resolution. Please forward a copy of the recorded resolution and the letter to Highway Right-of-way division.