Attachment E - Comcern - Z-54-23-6.pdf

City of Phoenix — Formal (2024-05-01)

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ATTACHMENT E

i@: Robson

‘eane®™ COMMUNITIES

Pamela H. Gulsvig

Legal Department

Phone: 480-895-4237

Fax: 480-895-4347

Email: Pamela.Gulsvig@Robson.com

April 17, 2024

VIA Email Anthony.grande@phoenix.gov and US Mail

Anthony Grande, Planner

Planning and Development Department
City of Phoenix

200 West Washington Street, 2° Floor
Phoenix, Arizona 85003

Re: Z-54-23-6 and GPA-CE-2-23-6
Mr. Grande,

| am in house legal counsel for Robson Communities, Inc. and its affiliates, including without limitation, 526
Street and McDowell, LLC that is the owner of certain real property (Lot 1 of FINAL PLAT FOR LOFTIN ANNEX 52)
that abuts the site of the above referenced applications for zoning change and general plan amendment. In
particular, | am contacting you to make the City aware of the ownership and rights relating to the joint access at the
traffic signal on 52° Street south of McDowell so that you can consider the impact of such easements on the
proposed redevelopment of the site that is the subject of the above referenced applications as well as any other
entitlement, including any site plan, approvals to occur hereafter. Please note that the entire joint access is located
across the northernmost portion of our property. A smaller version of the access easement was granted in 2008 by
the declaration of access easement recorded 2008-0587153 and a separate slightly larger access easement was
granted in 2020 by the access easement agreement recorded 20201132057. | have attached an illustration of both
the 2008 easement area and the 2020 easement area across our property.

More specifically, we want to advise the City of the following:

First, only certain parcels (i.e. Lots 7, 8, 9, 10 and 11 of the plat recorded at Book 1263 of maps, page 14,
but not all of the parcels included as part of the applicant's project, have the right to use joint access easement at
the traffic signal on 52" Street south of McDowell. | have attached an illustration of what portions of the applicant's
project have the right to use the 2020 easement across our property. An even smaller portion of the applicant's
project (i.e. only Lot 7) has the right to use the smaller 2008 easement across our property.

Second, any changes (such as changes in the location, size or configuration of the access or granting any
additional portions of applicant's project the right to use the access) proposed or required to that joint access will
require our specific written consent thereto.

Please feel free to contact me with any questions or if you want to discuss this matter.
Be:
aM

Pamela Gulsvig
General Counsel

ce: City Attorney's Office, City of Phoenix (VIA US Mail and Fax 602-732-2768)

9532 East Riggs Road Sun Lakes, Arizona 85248 e Telephone: (480) 895-9200 e Fax: (480) 895-4347
Robson Ranch-Arizona  PebbleCreek ¢ Sun Lakes ¢ SaddleBrooke « The Preserve e SaddleBrooke Ranch « Quail Creek * Robson Ranch-Texas

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