UP threatens to block Gertrudis crossing

Residents of northeast Rio Rico wanted the right to traverse a country lane in Tumacacori to reach Interstate 19. Residents of Santa Gertrudis Lane wanted to keep their gravel road closed to through traffic.

Now both groups may be barred from using the lane from Pendleton Drive to East Frontage Road.

At least 75 non-residents of the lane staged a public protest near the east end of Santa Gertrudis at Pendleton Drive on May 30.

After they cut a lock on the Union Pacific Railroad gate, railroad representatives on the scene vowed to close the rail crossing that bisects the lane farther west.

“If you cut this gate, you’ll be cited,” said Roy Gallardo of the Union Pacific Police.

When someone pulled the gate down last fall, it wasn’t reported to the Santa Cruz County Sheriff’s Office, said Lt. Raoul Rodriguez. But the railroad replaced the gate, which sits on property owned by the Santa Gertrudis Lane Association.

Larry Leslie, a resident of the Salero Ranch northeast of the lane, called for the Saturday morning protest.

“If you live on the Baca Float, you have a deeded easement through that lane,” Leslie told the crowd.

The Baca Float is a Spanish land grant that forms all of Rio Rico and a portion of southeast Tubac and stretches east to Coronado National Forest, including Patagonia Lake, said Kathi Campana of Rio Rico. She and Ken Hallock are co-chairs of the Baca Float Coalition Inc., which did not participate in the protest.

“As a board, we unanimously decided to remain neutral,” Campana said. “I hope they (the protesters) didn’t hurt themselves and the rest of the people who want to cross.”

The coalition is trying to preserve the historical access routes granted to property owners east of the Santa Cruz River, Campana said.

“About 1,200 cars a day use this crossing,” said Larry Collins, Union Pacific track manager, who confronted the protesters at the gate. “It’s a tremendous liability to my company.”

After Lester Weil used a torch to cut a lock that belonged to the Tubac Fire District, protesters pushed the gate open and nearly knocked Collins to the ground, he told the Nogales International. He was unhurt, but filed a complaint with a sheriff’s deputy. Weil also filed an assault complaint and both complaints will go to the Santa Cruz County Attorney’s office, Rodriguez said.

“We (Union Pacific) agreed to give them (residents east of the river) Palo Parado, 2.4 miles away,” Collins said.

He referred to the rail and river crossing to the south where Union Pacific has agreed to work with Santa Cruz County to create a public crossing with a paved road and signals.

Campana said the Baca Float Coalition met with residents of Santa Gertrudis Lane last fall.

“Basically, they don’t want anyone crossing who doesn’t live there,” Campana said. When trucks pull heavy loads across the gravel surface, “it makes it rough and bumpy and tears up the road,” which the residents maintain.

“Our goal is to work with all our neighbors and the Baca Float Coalition to get the Palo Parado Crossing open with a bridge,” said Katie Sayre, a resident of Santa Gertrudis Lane.

If the rail crossing is closed, it will create a dilemma for at least one residence and a horse ranch on the south side of the lane. They lie between the railroad tracks and the Santa Cruz River, which swells during the summer monsoon season and becomes impassable for vehicles. Another property on the north side of that section, Avalon Gardens, has its own access to Pendleton Drive.

“It’s an unfortunate turn of events,” said Luis Heredia, director of public affairs for Union Pacific. He declined to comment on what action the railroad would take.

Since the protest, Leslie has requested help from U.S. Sen. Jon Kyl, (R-Ariz.) U.S. Rep. Raul Grijalva (D-Ariz.) and the Arizona Corporation Commission, he said. He also consulted an attorney about a class-action lawsuit against the railroad.