The solution:  A 3/4 mile, 24 foot wide, paved access route beginning at Oak Creek Cliffs Drive, approximately 200 feet west of its intersection with SR 179, that would travel parallel to SR 179 southwest and then turn toward Oak Creek.  At that point, a 450 foot long bridge crossing Oak Creek would be constructed.  The bridge would be 70 feet high on the north end and 40 feet high on the south end.

Source: Tobias-Flynn Environmental Study

A 450 foot bridge across Oak Creek?  Certainly there must other less intrusive access routes. And why would the City of Sedona allow a bridge to be built to provide access to land that, when developed, would accommodate only about 20 homes? (the zoning allows for one home per 3/4 acre lot.)

The answer:  The access route in question runs through the Coconino National Forest and is owned by the Forest Service - not the City of Sedona.  It's out of the City's hands (theoretically).  All the City Council can do is make a recommendation to the Forest Service.  Since the Forest Service requested that the Sedona City Council make its recommendation by April 13th, it was on the agenda at the council's regularly scheduled meeting on April 10th.

As background, the land locked parcel in question was originally part of a larger parcel owned by the Babbitt Brothers Trading Company, and it had an access route.  However, a portion of the land without an access route was sold to Tobias/Flynn is 1993.  At that time, Tobias/Flynn contacted the Forest Service about providing an easement for an access route, but were told to exhaust all access routes via private land before requesting use of the national forest.

Unfortunately, no agreement could be reached with private landowners, although there is currently a low lying private crossing over Oak Creek available to the home owners of Oak Creek Cliffs.

Tobias and Flynn then sued in Coconino County Superior Court to have private land condemned for an access way but were denied because they might obtain access via federal land.  Tobias and Flynn subsequently sued the United States in the United States District Court for the District of Arizona.  In 2002, they won.  The Court found that they had a right to an easement by necessity under the National Environmental Policy Act.

Since that time they have been working with the Forest Service on an easement location that would minimize the visual impact to the national forest.  In a letter dd. 2/9/2007 requesting public comment on a proposed easement signed by Red Rock District Ranger, Heather Provencio, it stated that "the proposed easement will meet the requirements for protection of special status species, cultural resources, floodplains, and wetlands....[and is] consistent with the Coconino National Forest Land and Resource Management Plan..."

In comments made by Paul Laef, President - Oak Creek Cliffs Homeowners Association at the April 10th council meeting, there has been serious conflict between [Tobias and Flynn] and the homeowner's association for a number of years and he doubted a resolution could be reached between the Oak Creek Cliffs homeowners and [Tobias/Flynn].

Barbara Litrell, President of Keep Sedona Beautiful, spoke and urged the City to work to declare Sedona a federally protected National Scenic Area.

One option available to the City Council is to use its power of eminent domain to condemn a portion of private property to make way for a less intrusive access way.  The City would have to prove that its use of eminent domain is in the best interest of Sedona and the City would have to pay the private land owner fair market value for the land condemned.

In the end, the City Council in a 7-0 vote encouraged Tobias and Flynn to exhaust any remaining efforts to work with the owners of Oak Creek Cliffs to utilize the private crossing and private road. The City Council isn't currently ready to condemn private property.