RECIPE FOR RANCHING - 3-14-06
When Arizona Land and Ranches purchased Windmill Ranch and divided the land east of Hwy. 93 into 240 forty acre and larger parcels, a plan was put in place for the ranch to operate much as before. AZL&R retained ownership of the Windmill Ranch cattle grazing operation. The cattle operation has now been sold; with all real property, leases and easements transferred to the new owner. This grazing area, including the lease on the state sections that checkerboards with the private ranch land, adds up to about 50 square miles. They also kept all watering tanks, wells, windmills and real property necessary to the larger ranch operation. Most importantly to the smaller 'ranchers', or parcel owners, AZL&R, and now the present owner, is granted an easement for access along the outer 30' of each of the 240 parcels sold. This is so the cattle can move freely over the ranch to reach state and private land even if most of the parcels eventually are fenced. Parcels not fenced fall under the Arizona Open Range Laws. The cattle need to move from watering holes out to their grazing areas just as they have always done. The ranch wranglers also need this easement to work with the cattle. This easement and the other assets are part of the necessary ingredients to make the ranch work for the current owner of the Windmill Ranch Operation.
Also granted access to these 30' easements along the edge of each of the parcels is every other parcel owner. The result of this for the grantees is the right to walk or ride horses around the ranch between the parcels. Since no fencing will be built blocking these easements, hiking and riding trails can be possible. It can also be thought of as a nature area. Anyone intending to block these accesses will be depriving each other parcel owner, in addition to the Ranch operator, of a right agreed to by the act of purchasing the property.
The Property Owners' Association created by AZL&R is not a grantor of these rights, nor is it a grantee of these rights. These rights cannot be taken from the parcel owners even if 100% of the parcel owners agreed, as they are not the sole grantees. The role a POA could play would be to advise parcel owners of the purpose of the easements and encourage compliance. This exception to the use of the private parcel runs with the land and is not a CC&R in the sense that it is changeable by a vote of the POA membership or by the elected directors or elected or appointed officers of the POA.
Within the larger ranch, parcel owners can have their own livestock operation. Upon fencing out the open range cattle, you have established grazing rights on your parcel or that portion of your parcel fenced. A standard of fencing, usually referred to as a 'legal' fence, is required so that the fence serves the purpose of separating the herds. Range cattle that have not been around fences may go through even a well built fence; they don't know what they are for. Having your home in an open range area may have its attractions, but be aware that cattle may take a liking to your dog food, bird bath, etc. Cattle brought in by a new Lease Holder may behave differently than the old cattle. Just remember, they have a right to be here; as do the rancher and the ranch workers.
