Residents in the far northeastern corner of Patagonia, already facing disruption from construction of the Cross Creek Connector (CCC), the road connecting South32’s mining operation to Highway 82, are now dealing with a new transportation concern.
On April 19, they became aware of an unexpected blockage of a previously accessible right-of-way connecting Emily Lane to the Cross Creek Road.
At some point prior to the 19th, barricades were erected on the north end of Emily Lane, beyond Patagonia’s town limits, cutting off access between the roads. With the closure, area residents can now only access Highway 82 via San Antonio Road, about a half-mile south of where the CCC intersects with the highway.
South32 spokesperson Lina Betancourt confirmed in writing that the barricades “were placed on County land by South32 under County awareness at the point the path enters the South32 easement” and directed further questions to the Jesus Valdez, the county manager.
Residents are concerned about emergency access/egress between their homes and the highway in the event of fire, or flooding in Sonoita Creek during heavy rains. The dip that crosses Sonoita Creek on San Antonio Road is significantly deeper than the crossing on the Cross Creek Road.
“I moved to Patagonia in 1996,” said Paula Schaper, who lives on Emily Lane (which is spelled Emely Lane on county maps). “We’ve always had access on that road. It [San Antonio] truly is a hardship when the monsoon comes. It gets wrecked. We would get trapped in or out if we can’t use that [Emily] road.”
Lars Marshall, another Emily Lane resident, expressed an additional concern: medical emergency.
“I’m not in the best of health,” he said. “When the monsoon starts, we’re kind of trapped back here. We need access to get out. San Antonio will sometimes be eight or nine feet deep. Cross Creek is still dangerous, but it will dissipate.”
Dr. Gregg Gorton, who lives on Cross Creek Road, submitted a letter, signed by 16 residents of the area, to Santa Cruz County supervisors Bruce Bracker, Rudy Molera and Manuel Ruiz, county manager Jesus Valdez, public works director Leonard Fontes Jr. and county attorney George Silva requesting (1) that the county designate a “legally valid easement” connecting Emily Lane and Cross Creek Road “for use by the community,” and (2) that the barricades on Emily Lane “be removed immediately” to maintain an emergency evacuation route “while county officials deliberate our request for a permanent easement.”
“This publicly accessible right-of-way—passable at all times of the year—has served for many years as an important passageway between Cross Creek Road to the north and San Antonio Road to the south,” Gorton’s letter says. “It serves as a critically important evacuation route in the event of fire along Highway 82 at Cross Creek Road or along Highway 82 at San Antonio Road, for residents, small businesses and nonprofits, and—very notably— the Patagonia Fire Department.”
The letter continues: “This traditionally utilized passageway also has allowed neighbors to rapidly assist one another in emergencies, which have occurred more than once (e.g., a resident unable to exit a temporarily flooded San Antonio Road—in order to receive his radiation therapy for cancer —was successfully transported via Emily Lane and Cross Creek).”
Where the right-of-way becomes problematic is that while the connected roadway has been used for as long as anyone can remember, the dedicated easement for Emily Lane does not extend all the way to Cross Creek Road. It stops at the property line of the former Cross Creek Cottages.
“While there have been roads that people have used over the years, it was never a legal easement,” public works director Fontes said. “We are trying to work with the residents because we understand their concerns. We’re not the ones stopping this. [The County] did not block it.”
The Cross Creek Cottages were sold to South32 and became county property as part of a cooperative agreement, but South 32 reserved an easement across the property, according to county manager Valdez.
“We have to work out the particulars with the easement holders,” Valdez said. “That easement sits on county land, but it is an easement granted to South32. We have to engage them to see if we can accommodate access. I think we can establish a resolution.”
Bracker echoed those sentiments: “We’re working on getting Emily Lane reopened. Even though it sounds very simple, there are some agreements that have to be reached. Unfortunately, that’s how government works.”
For residents, with the fire and monsoon seasons approaching, it’s a matter of timing.
Bracker said “I don’t expect it to take very long,” but Valdez said his understanding was that the barricades would remain until Phase 3 of the Cross Creek Connector construction is completed. Valdez, however, said he was unaware that the crossing on San Antonio Road could be more problematic than Cross Creek. “I don’t have an answer for you right now,” he said when asked about the more difficult terrain.
Gorton, Schaper and Marshall said none of the residents received any notification of the road’s closure and might not have known about it until they needed to use it.
“The reason I love Patagonia, we all kind of take care of each other, help each other, talk to each other,” Marshall said. “I know things change, but what the hell is wrong with that? Let’s all be neighbors. That’s what we need.”