HomeMy WebLinkAboutS-0964-D ApplicationCity of Little Rock
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File No
IIIIIIIIIIIII Ililll IIIIIIIIIIIIIII�I III 2017002588
PRESENTED: 01-11-201708:47:22AM RECORDED: 01-11-2017 08:52:23 AM
In Official Records of Larry Crane Circuit/County Clerk
PULASKI CO, AR FEE $25.00
PLAT AND BILL OF ASSURANCE
OF
WAL-MART TRACT "R" & OUTLOT E SPENCER ADDITION
BEING A REPLAT OF WAL-MART TRACT, SPENCER ADDITION
TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS
PM LITTLE ROCK, LLC
WAL-MART REAL ESTATE BUSINESS TRUST to the Public
KNOW ALL MEN BY THESE PRESENTS:
That PM LITTLE ROCK, LLC, being the owner of Outlot E (defined below), and WAL-
MART REAL ESTATE BUSINESS TRUST, being the owner of Wal-Mart Tract "R"
(defined below) (each a "Grantor" with respect to its parcel) hereby plats the above
described land as Wal-Mart Tract "R" and Outlot E both within Spencer Addition in the
City of Little Rock, Pulaski County, Arkansas, as shown and represented on the attached
plat (which is recorded simultaneously with this Bill of Assurance) and henceforth
description and conveyance by such designation or part thereof, as shown and represented
on said attached plat, shall be a proper and sufficient description thereof.
Permanent easements for drainage, vehicular access, for laying and maintaining sewer pipes
and mains and for the installation and maintenance of utilities are created and reserved over,
across and through said lands as shown on attached plat.
Invalidation of any covenant, restriction, requirement of provision set forth herein or any
part thereof by an order, judgment or decree of any Court or otherwise shall not invalidate
or affect any of the other covenants and/or restrictions or any part thereof as set forth herein
as they shall remain in full force and effect.
This Plat and Bill of Assurance may not be amended, modified or canceled except by
written instrument signed by all of the then owners of the Wal-Mart Tract "R" and Outlot E.
[SIGNATURES ON NEXT TWO PAGES] p T-J:�7 7C)179K) Z >
sat
EXECUTED on January 4, 2017.
PM Little
By:
Name:
Its:
STATE OF ARIZONA )
COUNTY OF MARICOPA )
ry company
t.:"iy f3r inC us.*.* ri of milli11:. rn
inquired Ly 0-io City of Little Rock suWivision remlatioM.
Bill of P—tsurance provisions estz7—;shod hyrth3
developer may exceed minimum regulations of the
LitHe subdvision and zoning or inances.
city of Litt! ock Planning Cornmission
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, Perry Mann, Member
of PM Little Rock, LLC, and stated and acknowledged that he had so signed, executed and
delivered the instrument to which this acknowledgement is attached for the consideration,
uses and purposes therein mentioned and set forth.
WITNESS my hand this 4ch day of January, 2017.
Notary j
My Co!I s l �
(SEAL)
Pa
TAMMY KIRBY
Notary Public - Arizona
Marleopa County
*MY Comm. Expires Sep 30, ZCt g
EXECUTED on January 5 , 2017.
Wal-Mart Real Estate Business Trust, a Delaware statutory trust
By:
Name: Nick Goodner
Its: Senior Director
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day personally appeared before the undersigned, a Notary Public within and for the
County and State aforesaid, duly qualified, commissioned and acting, Nick Goodner, Senior
Director of Wal-Mart Rea Estate Business Trust, a Delaware statutory trust, and stated and
acknowledged that he had so signed, executed and delivered the instrument to which this
acknowledgement is attached for the consideration, uses and purposes therein mentioned
and set forth.
WITNESS my hand this day of , 2017.
o&ary Public f _
My Commission Expires:
L
IZABETH E. ROBBINS
(SEAL) Benton County
ission Nurnber 12B9192G
tary Public - Arkan:. ;
rnmis'! Expires 0 ay C.
�.
Little Rack
Wastewater
September 9, 2016
Mr. Thomas Pownall, P.E.
Thomas Engineering Company
3810 Lookout Road
North Little Rock, AR 72116
RE: Freddy's Frozen Custard
127-2-1619
Dear Mr. Pownall:
Little Rock Wastewater has reviewed the above referenced plans. They are approved
as submitted with one (1) copy being returned to you for your files with this letter.
Approval is being granted to the applicant to construct and install a sewer main
extension. The applicant shall be responsible for all costs associated with the
installation of the sewer main extension in order to obtain wastewater service from
the Little Rock Wastewater (LRW). Please be advised that this approval is based on the
following standard and special conditions:
1. All significant changes in the plans for the proposed construction must be approved
prior to construction and all construction shall comply with the applicable
requirements and specifications of the latest edition of the Little Rock Wastewater
Standard Specifications For Sewer Construction In The City of Little Rock.
2. Continuous project responsibility by the engineer is an express condition of this
plan approval. Reference is made to Part 4 of Section 01100 Standard Specifications
For Sewer Construction In The City of Little Rock.
3. The name of the Resident Inspector shall be furnished to LRW prior to the start of
construction. No construction may begin until this Approval Letter is
acknowledged by the Applicant (Owner) and returned to Little Rock
Wastewater along with all applicable charges shown on Page 3 of this
Approval Letter.
4. This approval letter shall be in force for a period of one (1) year. If construction of
the project has not begun within the one year period, LRW's approval of the project
will expire. No fees paid to the Little Rock Wastewater for this project shall be
reimbursed should the project approval expire.
5. Sanitary sewer lines shall be kept a minimum horizontal distance of 5' from all
underground utilities (Including Storm Drainage) except water lines, which shall be
kept a minimum distance of 10' from sanitary sewer lines.
11 Clearwater Drive I Little Rock, AR 72204 1 501-376-2903 1 www.irwu.com
September 9, 2016
6. Connection of the proposed sewer main to the existing sewer main shall not
be made until the proposed sewer main has been tested, inspected, and
accepted by the Little Rock Wastewater. The applicant shall convey title to the
sewer main extension together with all necessary easements, free and clear of
all liens and encumbrances, by the appropriate documents. All Final
Paperwork must be submitted to LRW prior to the connection of the proposed
sewer mains being made.
7. Ductile Iron Pipe shall be used on this project as shown on plans and any time the
cover to the existing or proposed ground is less than thirty inches (30") or where
clearance between two pipes is less than eighteen inches (18"). It shall be the
Engineer's and the Contractor's responsibility to check the depth of cover and the
clearance.
8. All Existing and Proposed Manholes shall be located outside of the top bank of all
existing or proposed ditches and shall be at such an elevation as not to allow
rainwater entry during periods of normal rainfall. Manholes with a difference in
elevation of two feet or greater shall be a Drop Manhole unless approved by LRW.
Manhole Steps are not allowed in Little Rock Wastewater Standard
Specifications For Sewer Construction in The City of Little Rock.
9. All sewer mains shall be constructed within easements meeting Utility
Specifications or in a public right of way. Minimum width of proposed easement
shall be ten (10') feet (or the depth of cover whichever is greater) and shall be equal
distance either side of the sewer main as constructed.
10. No sewer main may be constructed under or within ten feet of any existing
detention basin or any detention basin being constructed for this project.
11. All buildings must be capable of being served by gravity sewer service. If minimum
floor elevations are required, it is the responsibility of the Developer to notify the
builder or Owner to assure gravity service is maintained. Individual pump stations
will not be accepted without LRW approval. This includes basement floor elevations.
12. Applicant agrees to obtain all necessary permits and approvals from all other
governing agencies including any applicable Improvement District prior to the start
of construction. APPLICANT SHOULD MAKE AN INDEPENDENT
DETERMINATION OF the existence, status or amount of any fees which may be due
third parties, such as Improvement Districts, which may be owed to the third party
in addition to those fees due to Little Rock Wastewater for sewer lines and or sewer
facilities installation proposed by applicant. The Little Rock Wastewater and Little
Rock Sanitary Sewer Committee have no such information of amounts due third
parties, if any, and assume no responsibility for furnishing such information to
Applicant and expressly disclaim any such duty or liability of any nature whatsoever
arising out of Applicant's failure to make that determination.
13. This approval applies only to that portion of the proposed sewer mains which are to
be dedicated to the public, however all other sewer line work must also comply with
Little Rock Wastewater Standard Specifications.
September 9, 2016
Special Conditions
1. Applicant agrees to pay the following charges prior to start of construction of
the project:
N/A
2. This Project Will Not be eligible for reimbursement.
Approval of this project is conditional on the items mentioned above. It shall be the
Engineer's responsibility to notify the Applicant (Owner) and the Contractor of all the
items mentioned above. Failure to notify the Applicant of any of the items mentioned
above does not relieve the Applicant from constructing the project according to Little
Rock Wastewater Specifications and the terms of this approval letter.
If you have any questions concerning this matter, I may be reached by telephone at the
numbers listed below.
Sincerely,
WASTEWATER
3: Viri nt Hotho,/F.E.
Developer Funded Engineer/Program Supervisor
Department of Engineering Services
Office Phone 501-688-1452
Cell Phone 501-442-6042
Email vince.h tho lrwu.coni
cc Vern Stubbs, Construction Inspector
enc.
Acknowledeement:
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ArkasasWater
Essential Exceptional
August 10, 2016
TA Little Rock, LLC
8765 STOCKARDDR, SUITE 203
FRISCO, TX 75034
RE: FREDDYS FROZEN CUSTARD
CAW PROJECT NO.4295
Enclosed you will find contract documents covering installation of water facilities and fire protection to
serve the above described property. The contract should be signed and returned to this office for
completion. The attached procedures are for your use.
DO NOT begin construction until you have:
1. Complied with the first six (6) requirements on the GREEN procedures sheet.
2. Enclosed a check in the amount of $3,250.00 to cover the charges itemized in Section F.1. on page 3
of the contract.
NOTES:
All public facilities shall conform to the latest revision of Central Arkansas Water Standard Pipeline
Materials and Construction Specifications. All public fire hydrants and private fire hydrants that are
maintained by Central Arkansas Water shall be painted silver (aluminum) and all other private fire
hydrants shall be painted red.
Your attention is directed to paragraph C (page 2) of the Contract for Water Facilities. This paragraph
outlines the responsibilities of your engineer on the project. These responsibilities include your engineer
submitting a written inspection report to Central Arkansas Water during the progress of the construction
of facilities. An acceptable form for preparation of these reports is available from Central Arkansas Water.
These reports must be submitted every seven (7) calendar days from the start of construction. The
reports must be prepared daily and include the date, name of the inspector, the time the inspector arrived
and departed the job site, and a detailed explanation of the work occurring on the job site at the time.
These reports may be faxed to us at (501) 210-4980. No water service will be available to this project until
the engineer has completed all required submittals to Central Arkansas Water.
221 East Capitol Ave PO Box 1789 Little Rock, AR 72203
C'�"sw
Arkansas nWater
Essential & Exceptional
Page 2
RE: FREDDYS FROZEN CUSTARD
CAW PROJECT NO.4295
NOTES CONTINUED:
The cost for construction of FACILITIES does not include service charges such as meter connection charge
and meter deposit.
If you have any questions as to the contracts or the procedures to follow, you should contact this office
before beginning any work under this contract.
En
RAL ARKANS WATER
Lowder, Engin eying Technician
Enclosures
cc:
221 East Capitol Ave PO Box 1789 Little Rock, AR 72203
THIS INFORMATION IS FOR YOUR USE - READ CAREFULLY
CENTRAL ARKANSAS WATER
CONTRACT FOR WATER FACILITIES - PROCEDURES TO FOLLOW
THE DEVELOPERS - ENGINEERS SHALL:
1. Have Contract for Water Facilities signed by developer and returned to CENTRAL ARKANSAS WATER, along with a
check for the amount designated on Page 3, Paragraph F.1 of the Contract.
2. Secure all applicable un-platted easements required by CENTRAL ARKANSAS WATER on standard CENTRAL
ARKANSAS WATER easement forms (provided upon request).
3. Secure written approval from the Arkansas State Department of Health Engineering Division and have copies on file at
CENTRAL ARKANSAS WATEWS office.
4. If applicable, Secure, or furnish, all information and bonds necessary for obtaining permits required for the installation of
water facilities (city, state, county, railroad, gas/oil pipeline). Central Arkansas Water will submit applications for
State Highway Permits.
5. Secure written approval from the City Planning Commission and/or County Planning Commission. Submit to
CENTRAL ARKANSAS WATER if requested.
6. If applicable, Obtain written approval or permit from applicable Department of Public Works on projects crossing and/or
paralleling principal (existing or proposed) street, highway or drainage facilities. Submit to CENTRAL ARKANSAS WATER
if requested.
NO INSTALLATION OF WATER FACILITIES CAN BE ALLOWED UNTIL ALL SIX 6 OF
THE ABOVE REQUIREMENTS HAVE BEEN SATISFIED!
7. Notify the CENTRAL ARKANSAS WATER Engineering Department twenty-four (48) hours in advance of any
construction. No uroiect shall start on a Saturday, Sunday, or holiday. Special notification shall be given for work to be
scheduled on weekends. No work under Contract for Water Facilities contracts shall be scheduled on holidays observed by
CENTRAL ARKANSAS WATER.
8. Furnish an inspector to be responsible for the project; and who is competent to supervise and inspect work, capable of
staking out water mains and appurtenances, securing "as built" information and approving installation and blocking.
9. "As Built" drawings will be fumished upon completion of water facilities with Central Arkansas Water As -Built Guidelines
criteria. Contact CAW for a copy of As -Built Guidelines
10. Know that CENTRAL ARKANSAS WATER will furnish only spot inspection to insure that plans and specifications are being
followed. CENTRAL ARKANSAS WATER or its inspector shall be consulted on any change in the water layout that may be
required during construction of the project.
11. Be informed that CENTRAL ARKANSAS WATER shall retain the right to issue a "stop order" on the project if it is not being
installed in accordance with CENTRAL ARKANSAS WATEWS specifications; that CENTRAL ARKANSAS WATEWS
plans and specifications shall supersede those of the Project Engineer on points of conflict.
12. Notify your contractor that filling and/or flushing of any main shall be under the direct control of the Project Engineer.
Flushing plans shall be approved by CENTRAL ARKANSAS WATER.
13. Know that testing of water mains and appurtenances shall be under direct control of CENTRAL ARKANSAS WATER.
Project Engineer is responsible for pre -testing of mains prior to scheduling tests with CENTRAL ARKANSAS WATER.
14_ Be aware that the public water facilities may be taken over for maintenance " ninety (90) days after sterilization, if all the
above requirements have been met. Any repairs made during the ninety (90) day maintenance period shall be made
by the Developer's contractor. In event of an emergency (consumer without water), CENTRAL ARKANSAS WATER
will make emergency repairs and bill the Developer for costs, plus twenty-five (25%) percent.
• SEE Supplemental Agreement 1, Section A, paragraph 4, Contract for Water Facilities for EXCEPTIONS.
June 2016 ScproCAW.Doc
CENTRAL ARKANSAS WATER
CONTRACT FOR WATER FACILITIES
FREDDYS FROZEN CUSTARD
Date of Agreement between Central Arkansas Water and Developer:
Developer:
Engineer:
TA Little Rock, LLC
Thomas Engineering Co.
Estimated Cost of Construction of Public Facilities: $50,194.00
Actual Cost of Construction of Public Facilities as Certified by Engineer:
A. DEVELOPER AND CENTRAL ARKANSAS WATER AGREE AS FOLLOWS:
Section: 041 N13W
Project: 4295
Job:
Checked items are a part of this contract.
1.1. W An approved plat is attached showing Facilities, Public and/or Private, which Developer
plans to install or adjust in the locations shown.
1.2.❑m An approved plat, prepared by Developer or Developers Agent/Engineer and dated:
is attached and incorporated by reference, showing Facilities, Public and/or Private, which Developer
plans to install or adjust in the locations shown.
1.3. ® An approved sketch is attached, showing Facilities, Public and/or Private, that Developer plans to
install or adjust in locations shown to be constructed according to detailed plans and specifications
as required in Section B.1 below.
2. Attached are supplemental agreements for the following type(s) of Facilities:
2.1. W Agreement for Installation or Adjustment of Public Facilities by Developer
2.2. L Addendum to Establish Capital Investment Charges in Conjunction with the Installation of Public
Facilities
2.3. Agreement for Installation and Maintenance of Private Fire Hydrants
2.4. ® Agreement for Installation and Maintenance of Private Fire Facilities
2.5. ® Service Agreement for Customer Owned Lines
2.6 ® Special Addendum to Contract
B. DEVELOPER WILL:
1. Prepare detailed plans and specifications for Facilities which comply with applicable Central Arkansas Water material and
installation requirements.
2. Pay entire construction costs of Facilities except as indicated as Central Arkansas Water Participation in Section G of this
Agreement.
3. Obtain Central Arkansas Water's approval of all plans and specifications before their submission to other governmental
agencies and before beginning work.
4. Follow Central Arkansas Waters current rules, regulations, policies, approved plans (as may have been modified by CAW)
and specifications. Current Standards may be obtained from Central Arkansas Water Engineering Department or obtained
on-line at www.carkw.com.
S. Hire a Professional Engineer, licensed to practice in the State of Arkansas, and pay all engineering costs if total
construction cost, as estimated by Central Arkansas Water, is more than $10,000 or if Central Arkansas Water, at Central
Arkansas Water's sole discretion, deems an Engineer is necessary for the project. It is Developer's responsibility to see
that Engineer carries out the responsibilities as outlined in Section C.
6. Notify the appropriate agency of plans for proposed Facilities. Submit plat attached to this Agreement or plans for Facilities
which have been approved by Central Arkansas Water to the following:
6.1 Appropriate planning authority within municipalities or Extra -Territorial Jurisdiction thereof.
6.2 Appropriate County Planning Board if any part of Facilities will be located outside a municipality planning jurisdiction.
6.3 Begin work only after the review and approval by applicable departments/agencies.
7. Have plans and specifications that conform to requirements of the Arkansas Department of Health and any federal, state,
county or local governmental agency responsible for regulating construction within the rights -of -way of public roads, streets
and/or highways.
7.1 Be responsible for following the requirements of the above agencies and submitting plans and specifications to them
for review and paying all fees connected to the review and/or construction.
7.2 Begin work only after the review and approval by applicable agencies listed above.
7.3 Furnish approval(s) to Central Arkansas Water.
8. Before beginning work, contact Central Arkansas Waters Engineering Department if there are any questions as to the
Contract or the procedures to follow.
9. Notify Central Arkansas Waters Engineering Department of Developers intent to begin work no less than forty-eight hours
before beginning any construction.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 1 of 4
10. Construct Facilities so that they will not interfere with any proposed future street, highway or drainage improvements.
11. Obtain all permits, bonds and/or insurance required in construction of Facilities except permits that specifically require that Central
Arkansas Water be designated as permittee, typically Highway and Railroad crossing permits. In that case, Developer must prepare
and submit to Central Arkansas Water all documents and drawings necessary for such permits.
12. Pay cost of all fees, bonds and other expenses associated with obtaining all required permits including those that require Central
Arkansas Water as the permit or bond holder.
13. Conform to all provisions in permits and coordinate all post -construction inspections required by issuer of permits.
14. Open up and grade to within one (1.0) foot of grade all streets and easements where Facilities are to be constructed prior to
installation of Facilities.
15. Stake property lines adjacent to location of Facilities before beginning construction.
16. Acquire exclusive easements, with easement drawings, in a form acceptable to Central Arkansas Water if rights -of -way do not exist
for the Facilities, and convey them to Central Arkansas Water. Any required easements must be obtained, filed with Circuit/County
Clerk and submitted to Central Arkansas Water prior to start of construction. All easement acquisition costs shall be borne by the
Developer.
17. Pay total charges due upon execution of the Contract as specified in Section F.1 of this Agreement. These include but are not
limited to:
17.1 Engineering Services (includes costs for engineering planning, plan review, contract management, inspection services, and bacteriological
sampling and testing).
17.2 Capital Investment Charges (based on size of connection). Additional Capital Investment Charges, based on size of connection, may apply for
any metered connections to this property including those off private fire service lines.
17.3 Cost of any Facilities that may have been installed by Central Arkansas Water prior to execution of this Agreement or may be installed in the
future by Central Arkansas Water, if specified in Section F.1 of this Agreement.
18. Pay total charges due upon completion of construction as specified in Section F.2 of this Agreement. These include, but are not
limited to:
18.1 Penalties assessed by Central Arkansas Water against the Developer or Developer's Contractor for failure to conform or comply with
specification Section 40 of the Central Arkansas Water Standard Pipeline Construction Specification.
18.2 Other charges for work if performed by Central Arkansas Water personnel including but not limited to correction of work and emergency work.
19. Provide, if requested by Central Arkansas Water, copies of invoices for materials used in construction of Facilities.
20. Allow Central Arkansas Water, at Central Arkansas Water's discretion, to inspect the work periodically. Such CAW inspection does
not negate nor reduce the inspection services of the Developer's Engineer to properly and adequately inspect the work. Developer
shall employ his Engineer to inspect all materials and work for the Facilities and ensure compliance with the approved plans, Central
Arkansas Water specifications and Arkansas Department of Health requirements.
21. Obtain and present to Central Arkansas Water, prior to receiving water service from Central Arkansas W ater for the Facilities,
executed acknowledgements of payments of all sums due to Contractors and subcontractors and releases of all liens and potential
lien claims, including but not limited to mechanic's and material men's liens, satisfactory to Central Arkansas Water, from any party
having lien rights, which acknowledgements of payment and releases of liens shall cover all work, labor, equipment, materials done,
supplied, performed or furnished for the construction of the Facilities.
C. DEVELOPER MUST ENSURE THAT ENGINEER WILL:
1. Prepare or directly supervise preparation of plans and specifications for construction of Facilities when total construction cost of
Public Facilities as estimated by Central Arkansas Water is over $10,000 or when Central Arkansas Water in its sole discretion
deems services of an Engineer are required.
2. Design the Facilities in accordance with Central Arkansas Water and Arkansas Department of Health minimum standards and
requirements.
3. Submit plans of other non -water facilities such as sanitary sewer and storm drainage so that their relationship with water Facilities
can be reviewed and commented by Central Arkansas Water.
4. Issue plans and specifications for construction of Facilities that have been revised as per comments and requirements of Central
Arkansas Water and the Arkansas Department of Health.
5. Mark and stake the proposed alignment of Facilities.
6. Provide continuous construction inspection services on work being performed under this contract. Engineer may designate a
representative who is under their direct supervision and competent to supervise and inspect the construction work. Failure of the
Engineer, or another party approved in writing by Central Arkansas Water, to provide construction inspection may result in the
termination of the Contract and/or may result in Central Arkansas Water not accepting the installed Facilities. ADH approval of
Facilities also requires Engineer's inspection.
7. Submit written inspection reports, including completed thrust blocking forms, in acceptable format to Central Arkansas Water and to
Developer at least every seven days during construction of Facilities.
S. Prepare and deliver As -Built Drawings conforming to the latest revision of the As -Built Requirements, certificates and other required
documents to Central Arkansas Water. It is required that acceptable As-Builts, Inspection Reports, Thrust Block Forms, GPS
information and revised/corrected easements be submitted to Central Arkansas Water before Developer's Contractor may enter into
the bacteriological testing phase of Facility construction; delay by the Engineer could impact the Contractor's schedule and the
Developer's use of the Facility.
D. CENTRAL ARKANSAS WATER WILL:
1. Review all plans and specifications for Facilities submitted by Developer in a timely manner and, if acceptable to Central Arkansas
Water, approve the plans and specifications. Developer shall not submit Facilities plans and specifications to other government
agencies except the Arkansas Department of Health before Central Arkansas Water approves plans and specifications.
2. Withhold acceptance and approval for service until required plans, certificates, elevations, GPS/survey coordinates and associated
documents and other requirements have been submitted and approved.
3. Pay Developer upon acceptance of Public Facilities the amount due, if any, as specified in Central Arkansas Water's Participation in
Section G of this Agreement less any amount due Central Arkansas Water. Payment will be based on Estimated or Certified Unit Bid
Prices, whichever is less. Reimbursement for footage or quantities will be based on amount actually installed per approved plans.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 2 of 4
E. DEVELOPER AGREES:
1. Central Arkansas Water will not set water meters and will not provide full water service (excluding water for testing purposes) to the Facilities until
Developer, Developer's Engineer and Developers Contractor fulfills all obligations as outlined in this Agreement including payment of any money
due Central Arkansas Water.
2. Central Arkansas Water has the right to connect to and make extensions from Facilities, after acceptance of Facilities, without payment to
Developer except as may be specified in an attached Addendum to Establish Capital Investment Charges.
3. Central Arkansas Water has the option of performing work to remedy defects at Developers expense if Developer does not remedy defects in a
timely manner. Central Arkansas Water has the right to bring an action at law, or in equity, for damage resulting from any violations regarding
quality of work, labor, materials, equipment or performance, whether initial or corrective, at any time after their discovery until the expiration of the
statute of limitations for written contracts.
4. That protection of public water supply against pollution is the essence of this contract and is more important than any other single feature herein.
Any pollution resulting from acts of omission by Developer or his agent shall, in addition to other remedies, be cause for termination of this contract
without notice.
5. That this Agreement contains many separate provisions and outlines separate obligations, and if any provision conflicts with, violates or is invalid
under federal, state or any other court of law, only the specific provisions declared invalid shall be invalid. The rest of the Agreement will be
considered valid. The rights and obligations of the parties shall be enforced. All prior negotiations along with all written addenda to this Agreement
constitute the entire Agreement of the parties.
6. This Agreement does not cover service charges such as meter connection charge, deposit and some other special fees.
F. DEVELOPER'S COSTS:
1. Due to Central Arkansas Water upon execution of this Agreement
A. Engineering Fees ees (Refer to Section B.17.1): $3,250.00
B. Capital Investment Charges (Refer to Section B.17.2):
C. Fees for services provided by Central Arkansas Water (taps, hydro -stops, previously installed facilities, and similar services.
Refer to Section B.17.3).
2. Due to Central Arkansas Water upon completion of construction and prior to acceptance by Central Arkansas Water.
A. Assessment of penalties against the Developer for Developer or Developer's Contractor's failure to conform or comply with
Specifications Section 40 of the Central Arkansas Water Standard Pipeline Construction Specifications (Refer to Section
B.18.1).
B. Other charges may apply if Central Arkansas Water's personnel perform other functions or services, including but not limited
to, connections to water mains, correction of work and/or emergency work (Refer to Section B.18.2).
G. ESTIMATED CENTRAL ARKANSAS WATER'S PARTICIPATION (See Section D.3)
1. Actual amounts to be paid by Central Arkansas Water will be determined by the provisions of this contract and may vary
from the estimated amounts stated on this page.
H. MAINTENANCE OF PRIVATE FIRE HYDRANTS (Applicable to Supplemental Agreement 3 only)
Check here if you desire to have Private Fire Hydrant(s) maintained by Central Arkansas Water.
Check here if you do NOT desire to have Private Fire Hydrant(s) maintained by Central Arkansas Water
The following Checked Supplemental Agreements are attached:
❑O 1 ❑® 2 W 3
BOARD OF COMMISSIONERS,
CENTRAL ARKANSAS WATER
By
Chief Operating Officer
® 4 ® 6 ❑® 6
TA LITTLE ROCK, LLC
By:
Title:
Printed Name:
Mailing Address:
City, State, Zip:
Phone:
Email:
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 3 of 4
EJ
DEFINITIONS/TERMS
1. As -Built Drawings/As-Builts — Set of Plans prepared by the Engineer in accordance with Central Arkansas Waters As -Built
Requirements, which depict the Facilities as finally constructed.
2. Certified Cost of Construction — Actual Cost of Construction of Public Facilities as Certified by Engineer.
3. Estimated Cost of Construction — Central Arkansas Water's preliminary estimate of Cost of Construction of the Public Facilities.
4. Private Facilities — Water lines and appurtenances installed, owned, operated and maintained by the Developer.
5. Public Facilities — Water mains and appurtenances installed by the Developer with ownership, operation and maintenance
transferred to Central Arkansas Water upon acceptance of the facilities by Central Arkansas Water.
6. Facilities — Private and/or Public Facilities singularly or in combination in the Developer's project.
7. Developer — Entity requesting installation of Facilities within the service area of Central Arkansas Water.
8. Engineer— Professional Engineer (individual, partnership or corporation) registered in the State of Arkansas to perform engineering
design as retained by Developer for design, inspection and construction management of the proposed Facilities.
9. Central Arkansas Water (CAW) — Board of Commissioners, Central Arkansas Water or designated officer.
10. GPS/Surveyed Coordinates — State Plane Coordinates Arkansas North Zone 0301 in US Survey Feet North American Datum 1983
to four (4) point accuracy using no commas or leading zeros.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 4 of 4
SUPPLEMENTAL AGREEMENT 1 Section: 041N13W
AGREEMENT FOR INSTALLATION OR ADJUSTMENT Project: 4295
OF PUBLIC WATER FACILITIES BY DEVELOPER Job:
FREDDYS FROZEN CUSTARD
A. DEVELOPER WILL:
1. File the following with Central Arkansas Water before the Facilities will be considered complete and acceptable:
1.1 Set of plans, called As-Builts or As -Built Drawings, which show the Facilities as finally constructed. These
plans shall be provided as per the As -Built Requirements, latest revision, as issued by Central Arkansas Water.
Current As -Built Requirements may be obtained from the Central Arkansas Water Engineering Department or
obtained on-line at www.carkw.com. These plans must be provided prior to testing of the Facilities.
Delay in submittal of the As -Built Drawings could cause delay in the testing, completion and placement into
service of the Facilities.
1.2 Certificate showing total cost of construction of the Facilities, and if requested by Central Arkansas Water, a
copy of invoices for materials used in the construction of the Facilities.
1.3 Central Arkansas Water will not accept Facilities for service until testing is complete, bacteriological samples
are obtained on two consecutive days with negative results, and all required documents such as easements,
As -Built plans, signed and recorded Final Plat, certificates, elevations, GPS/surveyed coordinates, inspection
records, certification that Facilities were installed to Central Arkansas Water specifications, associated
documents and other requirements mentioned previously have been submitted to and approved by Central
Arkansas Water and the Engineer assures Central Arkansas Water that construction of Facilities and needed
restoration of pavement and vegetation, etc. is complete and that valves and hydrants are operational.
2. Acknowledge that this is an Agreement for Installation of Facilities only and not a contract for water service; full
water service will not be provided until all requirements in this Contract have been met.
3. Acknowledge that:
3.1 Furnishing of water by Central Arkansas Water is a governmental function and that Central Arkansas Water
does not agree to furnish any minimum amount of water volume or water pressure.
3.2 Water will be delivered only to customers who enter into separate service contracts with Central Arkansas
Water and subject to rules, regulations and policies that may be in effect.
3.3 Water furnished under a separate service contract will be supplied at whatever pressure and quantity available
without liability for damage due to variable or fluctuating or high or low pressure or interruption of flow.
4. Promptly remedy any defects or relocate the Facilities to the satisfaction of Central Arkansas Water after receiving
written notification by Central Arkansas Water. If, within one (1) year after acceptance of Facilities by Central
Arkansas Water, any part of Facilities is damaged or valve boxes are covered or removed or if within two (2) years
after acceptance any part of Facilities requires relocation, in the opinion of Central Arkansas Water, due to
construction of street, road, highway or drainage improvements or other structures Developer must remedy or
relocate Facilities to Central Arkansas Water's satisfaction.
B. DEVELOPER ACKNOWLEDGES ALONG WITH CENTRAL ARKANSAS WATER THAT:
1. Upon completion of the construction and acceptance by Central Arkansas Water, that Central Arkansas Water
becomes the owner without any other conveyance. Facilities thereafter become a part of the distribution system of
Central Arkansas Water.
2. Water service to existing customers must be maintained during construction and may be provided from the new
facilities installed after those Facilities are determined by Central Arkansas Water to provide water that is safe for
human consumption.
C. DEFINITIONS/TERMS
1. GPS/surveyed Coordinates — State Plane Coordinates Arkansas North Zone 0301 in US Survey Feet North
American Datum 1983 to four (4) point accuracy using no commas or leading zeros.
Revised - May 13, 2015 Supplemental Agreement 1 - Page 1 of 1
SUPPLEMENTAL AGREEMENT 3 Section: 041N13W
Account No AGREEMENT FOR INSTALLATION & MAINTENANCE Project: 4295
Service No. OF PRIVATE FIRE HYDRANTS Job:
(for use byCA.W) FREDDYS FROZEN CUSTARD
A. DEVELOPER:
1. Desires the installation of Private Hydrant(s) in the quantities and locations as stated in attached Schedule 1 of this
document.
2. Agrees to install Private Fire Hydrant(s) at Developer's expense in accordance with Central Arkansas Water's
Standard Pipeline Materials and Construction Specifications. Current Standards may be obtained from the Central
Arkansas Water Engineering Department or obtained on-line at www.carkw.com.
3. If Developer chooses, as indicated in Section H of the Contract for Water Facilities, to have Central Arkansas Water
provide normal Maintenance on these Private Fire Hydrant(s), Developer agrees to paint Private Fire Hydrant(s)
with aluminum paint as follows: Aluminum (Sliver) as per the Central Arkansas Water Standard Specifications.
4. If Developer chooses, as indicated in Section H of the Contract for Water Facilities, to not have Central Arkansas
Water provide normal Maintenance on these Private Fire Hydrant(s), Developer agrees to maintain the Private Fire
Hydrant(s) in good operating condition at all times and shall paint and maintain the Private Fire Hydrant(s) with
enamel paint as follows: Red as per the Central Arkansas Water Standard Specifications.
5. Agrees to be responsible for repair or replacement of Private Fire Hydrant(s) damaged by any means such as by
misuse, improper operation, accident, weather, or age.
6. Grants to Central Arkansas Water the right to enter upon Developer's property to inspect and use Private Fire
Hydrant(s) for any purpose at any time.
7. Agrees not to operate Private Fire Hydrants(s) or permit others to operate Private Fire Hydrant(s) except for fire
protection purposes by an organized Fire Department or other agencies engaged in authorized fire flow testing.
8. Agrees to the duties of ownership of said Private Fire Hydrant(s) with all associated responsibilities including:
payment of applicable fees, maintenance of hydrant(s) and maintenance of access to hydrant(s) by Central
Arkansas Water and the Fire Department having jurisdiction to protect the property being served. Duties of
ownership shall be transferred to subsequent property owners, heirs and/or assigns. Developer must obtain written
approval of Central Arkansas Water to transfer these responsibilities to subsequent responsible parties.
9. Acknowledges that this is not a contract for furnishing fire protection by Central Arkansas Water.
B. CENTRAL ARKANSAS WATER:
1. Agrees to maintain Public Fire Hydrant(s) without cost to Developer.
2. Agrees to provide Maintenance of Private Fire Hydrant(s) if Developer requests Maintenance by Central Arkansas
Water as indicated in Section H of the Contract for Water Facilities and Developer pays applicable Annual Fees and
Maintenance Charges.
C. DEVELOPER AND CENTRAL ARKANSAS WATER AGREE AS FOLLOWS:
1. These Private Fire Hydrant(s) will be connected to mains owned by Central Arkansas Water.
2. If these Private Fire Hydrant(s) are, in the future, located within public street or road rights -of -way they will become
Public Fire Hydrants.
3. If any terms, provisions or conditions of this contract are violated, including nonpayment of charges and fees,
Central Arkansas Water is entitled to remove Private Fire Hydrant(s) installed under this Agreement and terminate
all service provided under this Agreement without liability to Developer, including ingress and egress across the
Developer's property to the hydrant(s).
D. DEFINITIONS/TERMS
1. Public Fire Hydrant: A fire hydrant that is off a public main, is accessible to the public and located within or
adjacent to the right-of-way of a public street, road or highway. Central Arkansas Water owns and maintains these
hydrants.
2. Private Fire Hydrant: A fire hydrant inaccessible to the public or located outside the right-of-way of a public street,
road or highway. These hydrants are owned by the Developer, however title to the connecting valve and pipe
between the hydrant and the public main belongs to Central Arkansas Water.
3. Maintenance of Private Fire Hydrant: Routine lubrication, painting and replacement of worn parts that result from
normal usage as determined by Central Arkansas Water; also including replacement if necessary due to accidental
damage, vandalism, theft or obsolesce.
Revised - May 13, 2015 Supplemental Agreement 3 - Page 1 of 1
PLOTTED 819/2016
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Instnunent## 2016080267 Page 1 of 5
UUu, My nuu inn
No Tifle U&14'
RECORDED AT THE REQUEST OF:
Lawyers Title of Arizona, Inc.
WHEN RECORDED MAIL TO:
TradeCor, LLC
Attn: Tammy Kirby
4455 E. Camelback Road, Suite E180
Phoenix, AZ 85018
2016080267
PULASKI CO. AR FEE $35.00
PRAkpNyvn A Rprrm npn
12/19/2016 12:05:40 PM
LARRY CRANE
Ck�A i County Ckrk
BY: RACNEAL JULAN
DEPUTY RECORDER
DO NOT REMOVE THIS COVER SHEET. IT IS NOW PART OF THE RECORDED
DOCUMENT.
DOCUMENT TO BE RECORDED:
Right of Way Easement
Coulot sy Recording
No Me Liability
RECORDED AT THE REQUEST OF:
Lawyers Title of Arizona, Inc.
WHEN RECORDED MAIL TO:
TradeCor, LLC
Attn: Tammy Kirby
4455 E. Camelback Road, Suite E180
Phoenix, AZ 85018
Iak�IQ -L
DO NOT REMOVE THIS COVER SHEET. IT IS NOW PART OF THE RECORDED
DOCUMENT.
DOCUMENT TO BE RECORDED:
Right of Way Easement
r=cv.
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Wal-Mart Real Estate Business Trust, a Delaware statutory trust,
("GRANTOR"), for the sum of Ten Dollars ($10.00) and other valuable consideration
paid by the Board,of Commissioners, Central Arkansas Water, the receipt of which is
hereby acknowledged, does hereby, subject to prior recorded mortgages and
easements, if any, grant, bargain, sell and convey unto Central Arkansas Water, and
unto its successors and assigns forever, the following described easements:
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting Central Arkansas Water to clear and keep clear the surface of the
right-of-way and to lay, construct, maintain, repair, replace, test and inspect
underground water mains, whether one or more, and surface appurtenances thereto,
now and at different times in the future, without the payment of additional compensation
therefor. Subject to prior easements of record and except as hereinafter stated, Central
Arkansas Water shall have the exclusive use of this right of way pertaining to utilities.
The GRANTOR may hereafter use the surface of the easement for any purpose not
inconsistent with the rights hereby conveyed, but may not place a building, footing, wall,
structure or other improvement upon the right-of-way except that, after the initial Central
Arkansas Water construction is completed, the GRANTOR may pave the easement
surface and may use it for access driveways, walks or parking areas. The GRANTOR
may permit other utility services to cross this easement at approximately right angles,
but only if such utilities first comply with whatever specifications Central Arkansas Water
may designate at the time for the protection of its own facilities. This permanent
easement shall be upon a portion of the parcel of property described in "Exhibit A"
attached to this document, being the following described lands situated in Pulaski
County, Arkansas, to -wit:
A UTILITY EASEMENT LYING IN THE WAL-MART TRACT OF SPENCER ADDITION AND
ALSO IN THE NW1/4, SW1/4, SECTION 4, TOWNSHIP 1 NORTH, RANGE 13 WEST, CITY
OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF OUTLOT E OF SAID SPENCER
ADDITION;
THENCE N 820 00' 04" W ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF CHENAL
PARKWAY AND ALSO BEING THE NORTHERN LINE OF SAID WAL-MART TRACT FOR
48.36 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1415.68 FEET;
THENCE ALONG SAID CURVE AND SAID NORTHERN BOUNDARY BY A CHORD BEARING
N 780 32' 02" W FOR 171.26 FEET TO THE POINT OF BEGINNING;
THENCE S 270 30' 32" E FOR 71.68 FEET;
THENCE S 880 01' 34" E FOR 48.15 FEET;
THENCE S 010 58' 26" W FOR 11.90 FEET TO THE NORTHERN LINE OF OUTLOT E OF
SAID SPENCER ADDITION;
THENCE N 880 01' 34" W ALONG SAID NORTHERN LINE FOR 34.93 FEET;
THENCE S 010 58' 26" W ALONG THE WESTERN LINE OF SAID OUTLOT E FOR 8.10
FEET;
THENCE N 880 01' 34" W FOR 24.89 FEET;
THENCE N 270 30' 32" W FOR 101.99 FEET TO THE NORTHERN LINE OF SAID WAL-
MART TRACT AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
1415.68 FEET;
THENCE ALONG SAID CURVE BY A CHORD BEARING S 740 30' 45" E FOR 27.34 FEET
TO THE POINT OF BEGINNING, CONTAINING 2,532 SQUARE FEET, MORE OR LESS.
2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting Central Arkansas Water to remove all timber and obstructions
therefrom and to make excavations, store excavated materials, tools, supplies and
equipment and provide working space. This temporary easement shall begin when
Central Arkansas Water commences its initial work on the permanent easement and
shall terminate two years from that date or when that work is completed, whichever is
earlier. This temporary easement shall be upon a portion of the parcel of property
described in "Exhibit A" attached to this document, being the following described lands
situated in Pulaski County, Arkansas, to -wit:
A TEMPORARY CONSTRUCTION EASEMENT LYING 10 FEET EITHER SIDE
OF THE ABOVE DESCRIBED PERMANENT EASEMENT.
Upon completion of the initial or any subsequent work by Central
Arkansas Water, Central Arkansas Water shall backfill and thoroughly compact all
excavations to minimize settling and shall level the surface over its excavations and
pipelines, remove all excess excavated materials and debris and leave the premises in
a clean sanitary condition. If the initial or any subsequent work by Central Arkansas
Water damages any fence, curb or paved surface upon the rights -of -way, Central
Arkansas Water, at its expense, shall repair or replace the damaged portion with
materials of like quality as nearly as possible to its prior condition.
The execution of this easement does not give the GRANTOR the right to
connect to or receive service from any Central Arkansas Water facility; the right to make
connections and receive service shall be subject to the rules, regulations, policies or
ordinances in effect at the time of application.
To have and to hold said easements, rights and privileges unto the
GRANTEE, and unto its successors and assigns forever, for the purposes aforesaid.
And GRANTOR covenants with GRANTEE, its successors and assigns,
that subject to prior recorded mortgages and easements, if any, it will forever warrant
and defend the title to said easements and rights against the claims of all persons
whomsoever and that GRANTEE, its successors and assigns, shall have at all times the
quiet use and enjoyment of said easements and rights.
rJ�Crr
WITNESS my hand this day of ��ir' , 2Q1�0
GRANTOR Wal-Mart Real Estate Business Trust,
a Delaware statuto trust
By:
Name: Nick Goodner
Its: Senior Director
STATE OF ARKANSAS )
ACKNOWLEDGMENT
COUNTY OF,�iri )
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified, commissioned and acting,
Nick Goodner, Senior Director of Wal-Mart Rea Estate Business Trust, a Delaware
statutory trust, the GRANTOR in the foregoing easement, and stated and acknowledged
that he had so signed, executed and delivered said instrument for the consideration,
uses and purposes therein mentioned and set forth.
WITNESS my hand this �day of -� 20 4
vtary Pu lic -
My Commission Expires:
EL: E. RaB6lNS
/ Benton County
commission Number 12690925
Notary Public - Arkansas
My commission Expires MaY 01, 2025
(SEAL)
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NWI14, SWI/4, SECTION 4, TOWNSHIP 1 NORTH, RANGE 13 WEST, CITY OF LITTLE ROCK, PULASKI —
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF OUTLOT E OF SAID SPENCER ADDITION;
THENCE N 82' 00' 04" W ALONG THE SOUTHERN RIGHT-OF-WAY LINE OFCHENAL PARKWAY AND
ALSO BEING THE NORTHERN LINE OF SAID WAL-MART TRACT FOR 48.36 FEET TO THE BEGINNING I
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1415.68 FEET;
THENCE ALONG SAID CURVE AND SAID NORTHERN BOUNDARY BY A CHORD BEARING N 78° 32' 02'
W FOR 171.25 FEET TO THE POINT OF BEGINNING;
THENCE S 27° 30' 32' E FOR 7L68 FEET;
THENCE S 88' 01' 34' E FOR 48.15 FEET;
THENCE S Ol' S8 26' W FOR 11.90 FEET TO THE NORTHERN LINE OF OUTLOT E OF SAID SPENCER
ADDITION;
THENCE N 88' 01' 34• W ALONG SAID NORTHERN LINE FOR 34.93 FEET;
THENCE S 01- 58 26" W ALONG THE WESTERN LINE OF SAID OUTLOT E FOR 8.10 FEET;
THENCE N 880 01' 34' W FOR 24.09 FEET;
THENCE N 2r 39 32' W FOR 101.99 FEET TO THE NORTHERN LINE OF SAID WAL-MARTTRACT AND
THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1415.68 FEET;
THENCE ALONG SAID CURVE BY A CHORD BEARING S 74' 30 45' E FOR 27.34 FEET TO THE POINT DATE: 11(3/16
OF BEGINNING, CONTAINING 2,532 SQUARE FEET, MORE OR LESS. SCALE. 1" _ 49
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►A,.-uaRr TRACT 1sn
SPSNCA'F Aa.11.
James, Donna
From: Tamara Guffey <tguffey@whitedaters.com>
Sent: Monday, January 18, 2016 12:50 PM
To: Vincent Hotho Steven.Hotho@lrwu.com; Jason Lowder (Jason.Lowder@carkw.com);
THOMPSON, THEODIS; Bates, Joni B.; 'MANION, JOSEPH Ejm4138@att.com'
Cc: James, Donna; Floriani, Vince; Joe White; Daniel Havner
Subject: Re -Plat Approval-Wal mart Tract, Spencer Addition
Attachments: REPLAT1 -1 5-16.pdf
Attached for your approval is the plat copy of Walmart Tract, Spencer Addition, Little Rock. The owner is re -
platting to add Outlot E and would like to file the plat by Tuesday, January 26th, 2016
An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to
review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any
questions may be directed to Dan Havner at dhavnerO-whitedaters.com or Joe White at
9white(cbwhitedaters.com or 821-1667.
We appreciate your timely response.
Tamara Guffey
Office Manager
White-Daters & Associates, Inc.
24 Rahling Circle
Little Rock, AR 72223
P: (501) 821-1667
F: (501) 821-1668
CIVIL ENGINEERING DIVISION
FINAL PLAT FILING APPROVALS
FINAL PLAT NAME: WAL MART RE -PLAT
INSPECTOR REPORT
I have made a final inspection of the improvements and find that:
All improvements shown on construction drawings for the development are constructed and in conformance
with City requirements/standards.
Certain Improvements remain uncompleted and a punch list has been prepared and sent.
Engineering Specialist
ADDRESSING SPECIALIST REPORT
Date:
1 have reviewed the plat and find that the street names and street configuration are acceptable.
Addressing Specialist Date:
TRAFFIC ENGINEER REPORT
I have reviewed the plat and find that:
All streetlight installation, striping, signage and other traffic improvements have been constructed and are in
conformance with City requirements/standards.
street signs should be ordered and billed to developer. Work orders have been prepared for signage.
Certain improvements remain uncompleted and a punch list has been prepared and sent.
Approved engineering drawings for streetlight system have been received and approved. Applicant is
responsible to furnish as -built drawings once streetlights have been installed.
Traffic Engineer
CIVIL ENGINEER REPORT
I have reviewed the file for this matter and find that:
Date:
The maintenance bond has been submitted and it is the proper type and amount.
Financial assurance for the uncompleted improvements listed above has been received.
As -built drainage plans in electronic form have been submitted.
All other requirements for final plat approval have been satisfied.
Civil Engineer 1/1I Date:
SURVEYOR REPORT
I have reviewed the plat and find that:
—i� All requirements for final plat approval have been satisfied.
MANAGER APPROVAL
Surveyor Date
All Civil Engineering requirements for filing this final plat have been satjisfied. `
.. —
Design Review Engineer/Civil Engineering Manager
FITealive: January 21, 2016
A�o
i
'.Instxvment# 20I6080267 Pace 1 of 5
�uuj Luby nt:L;Ur(jj[jy
No Tde Liabifay
RECORDED AT THE REQUEST OF:
Lawyers Title of Arizona, Inc.
WHEN RECORDED MAIL TO:
TradeCor, LLC
Attn: Tammy Kirby
4455 E. Camelback Road, Suite E180
Phoenix, AZ 85018
131"i I -c)c)3
CO ury".
ti
N
sfir�u�rr{, F�,�r
2016080267
PULASKI CO. AR FEE $35.00
PFL F.c FNT MX ngrngnFn
12/19/2016 12:05:40 PM
LARRY CRANE
MI." I County GNrk
BY: RAGHEAL JUUAN
DE►ViIRBGORDER
DO NOT REMOVE THIS COVER SHEET. IT IS NOW PART OF THE RECORDED
DOCUMENT.
DOCUMENT TO BE RECORDED:
Right of Way Easement
oLI tes Recording
NO T�Ue Liabil Nt
RECORDED AT THE REQUEST OF:
Lawyers Title of Arizona, Inc.
WHEN RECORDED MAIL TO:
TradeCor, LLC
Attn: Tammy Kirby
4455 E. Camelback Road, Suite E180
Phoenix, AZ 85018
DO NOT REMOVE THIS COVER SHEET. IT IS NOW PART OF THE RECORDED
DOCUMENT.
DOCUMENT TO BE RECORDED:
Right of Way Easement
«cevr
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT Wal-Mart Real Estate Business Trust, a Delaware statutory trust,
("GRANTOR"), for the sum of Ten Dollars ($10.00) and other valuable consideration
paid by the Board of Commissioners, Central Arkansas Water, the receipt of which is
hereby acknowledged, does hereby, subject to prior recorded mortgages and
easements, if any, grant, bargain, sell and convey unto Central Arkansas Water, and
unto its successors and assigns forever, the following described easements:
1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting Central Arkansas Water to clear and keep clear the surface of the
right-of-way and to lay, construct, maintain, repair, replace, test and inspect
underground water mains, whether one or more, and surface appurtenances thereto,
now and at different times in the future, without the payment of additional compensation
therefor. Subject to prior easements of record and except as hereinafter stated, Central
Arkansas Water shall have the exclusive use of this right of way pertaining to utilities.
The GRANTOR may hereafter use the surface of the easement for any purpose not
inconsistent with the rights hereby conveyed, but may not place a building, footing, wall,
structure or other improvement upon the right-of-way except that, after the initial Central
Arkansas Water construction is completed, the GRANTOR may pave the easement
surface and may use it for access driveways, walks or parking areas. The GRANTOR
may permit other utility services to cross this easement at approximately right angles,
but only if such utilities first comply with whatever specifications Central Arkansas Water
may designate at the time for the protection of its own facilities. This permanent
easement shall be upon a portion of the parcel of property described in "Exhibit A"
attached to this document, being the following described lands situated in Pulaski
County, Arkansas, to -wit:
A UTILITY EASEMENT LYING IN THE WAL-MART TRACT OF SPENCER ADDITION AND
ALSO IN THE NW1/4, SW1/4, SECTION 4, TOWNSHIP 1 NORTH, RANGE 13 WEST, CITY
OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF OUTLOT E OF SAID SPENCER
ADDITION;
THENCE N 820 00' 04" W ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF CHENAL
PARKWAY AND ALSO BEING THE NORTHERN LINE OF SAID WAL-MART TRACT FOR
48.36 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
1415.68 FEET;
THENCE ALONG SAID CURVE AND SAID NORTHERN BOUNDARY BY A CHORD BEARING
N 780 32' 02" W FOR 171.26 FEET TO THE POINT OF BEGINNING;
THENCE S 270 30' 32" E FOR 71.68 FEET;
THENCE S 880 01' 34" E FOR 48.15 FEET;
THENCE S 010 58' 26" W FOR 11.90 FEET TO THE NORTHERN LINE OF OUTLOT E OF
SAID SPENCER ADDITION;
THENCE N 880 01' 34" W ALONG SAID NORTHERN LINE FOR 34.93 FEET;
THENCE S 010 58' 26" W ALONG THE WESTERN LINE OF SAID OUTLOT E FOR 8.10
FEET;
THENCE N 880 01' 34" W FOR 24.89 FEET;
THENCE N 270 30' 32" W FOR 101.99 FEET TO THE NORTHERN LINE OF SAID WAL-
MART TRACT AND THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF
1415.68 FEET;
THENCE ALONG SAID CURVE BY A CHORD BEARING S 740 30' 45" E FOR 27.34 FEET
TO THE POINT OF BEGINNING, CONTAINING 2,532 SQUARE FEET, MORE OR LESS.
2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the
purpose of permitting Central Arkansas Water to remove all timber and obstructions
therefrom and to make excavations, store excavated materials, tools, supplies and
equipment and provide working space. This temporary easement shall begin when
Central Arkansas Water commences its initial work on the permanent easement and
shall terminate two years from that date or when that work is completed, whichever is
earlier. This temporary easement shall be upon a portion of the parcel of property
described in "Exhibit A" attached to this document, being the following described lands
situated in Pulaski County, Arkansas, to -wit:
A TEMPORARY CONSTRUCTION EASEMENT LYING 10 FEET EITHER SIDE
OF THE ABOVE DESCRIBED PERMANENT EASEMENT.
Upon completion of the initial or any subsequent work by Central
Arkansas Water, Central Arkansas Water shall backfill and thoroughly compact all
excavations to minimize settling and shall level the surface over its excavations and
pipelines, remove all excess excavated materials and debris and leave the premises in
a clean sanitary condition. If the initial or any subsequent work by Central Arkansas
Water damages any fence, curb or paved surface upon the rights -of -way, Central
Arkansas Water, at its expense, shall repair or replace the damaged portion with
materials of like quality as nearly as possible to its prior condition.
The execution of this easement does not give the GRANTOR the right to
connect to or receive service from any Central Arkansas Water facility; the right to make
connections and receive service shall be subject to the rules, regulations, policies or
ordinances in effect at the time of application.
To have and to hold said easements, rights and privileges unto the
GRANTEE, and unto its successors and assigns forever, for the purposes aforesaid.
2
And GRANTOR covenants with GRANTEE, its successors and assigns,
that subject to prior recorded mortgages and easements, if any, it will forever warrant
and defend the title to said easements and rights against the claims of all persons
whomsoever and that GRANTEE, its successors and assigns, shall have at all times the
quiet use and enjoyment of said easements and rights.
WITNESS my hand this j day of �`�- 20160
GRANTOR Wal-Mart Real Estate Business Trust,
a Delaware statuto trust
By: Name: Nick Goodn r
Its: Senior Director
STATE OF ARKANSAS )
ACKNOWLEDGMENT
COUNTY OF�,�; ;x )
On this day personally appeared before the undersigned, a Notary Public
within and for the County and State aforesaid, duly qualified, commissioned and acting,
Nick Goodner, Senior Director of Wal-Mart Rea Estate Business Trust, a Delaware
statutory trust, the GRANTOR in the foregoing easement, and stated and acknowledged
that he had so signed, executed and delivered said instrument for the consideration,
uses and purposes therein mentioned and set forth.
WITNESS my hand this —day of % �, 20 4
My Commission Expires:
(SEAL)
WmB
IDPNF9 A NA'ISONAL SOL78LY THOMAS CLL\ilLamo ■ Ram COMPANYCML PLANNING
& D CWFM NT
NRDI'm NA-171 CiNGINBEa2¢LAND PLANNING L' O SURVEYORS
7E10 IA0101US ROAD i MENTIAL-CWIYCALIAL-INDUSTRIAL
NORM L17TIa ROCK ARIIANlA,S 7211L
7EIA. No. WL-M-44E3 FAX. 50I-753-5814
EXHIBIT "AI'
CHENZo PAA�RKWAY
!I
1 LEGAL DESCRIDTION
A UTILITY EASEMENT LYING IN THE WAL- MART TRACT OF SPENCER ADDITION AND ALSO IN THE
NWI/4, SW114, SECTION 4, TOWNSHIP 1 NORTH, RANGE 13 WEST, CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF OUTLOT E OF SAID SPENCER ADDITION;
THENCE N 82' 00' 04" W ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF CHENAL PARKWAY AND
ALSO BEING THE NORTHERN LINE OF SAID WAL-MART TRACT FOR 48.36 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1415.68 FEET;
THENCE ALONG SAID CURVE AND SAID NORTHERN BOUNDARY BY A CHORD BEARING N 78' 32' 02"
W FOR 171.26 FEET TO THE POINT OF BEGINNING;
THENCE S 27' 3V 32" E FOR 71.68 FEET;
THENCE 8 88' 01' 34" E FOR 46.15 FEET;
THENCE S Ol' 56 26" W FOR 11.90 FEET TO THE NORTHERN LINE OF OUTLOT E OF SAID SPENCER
ADDITION;
THENCE N 88' 01' 34" W ALONG SAID NORTHERN LINE FOR 34.93 FEET;
THENCE S 01' 58' 26" W ALONG THE WESTERN LINE OF SAID OUTLOT E FOR 8.10 FEET;
THENCE N 88' 01' 34" W FOR 24.89 FEET;
THENCE N 27' 30' 32" W FOR 101.99 FEET TO THE NORTHERN LINE OF SAID WAL-MART TRACT AND
THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1415.68 FEET;
THENCE ALONG SAID CURVE BY A CHORD BEARING S 74' 30' 45" E FOR 27.34 FEET TO THE POINT
OF BEGINNING, CONTAINING Z532 SQUARE FEET, MORE OR LESS.
DATE: 11/3/16
SCALE: 1" = 40'
Little Rock
Wastex/vater
September 9, 2016
Mr. Thomas Pownall, P.E.
Thomas Engineering Company
3810 Lookout Road
North Little Rock, AR 72116
RE: Freddy's Frozen Custard
127-2-1619
Dear Mr. Pownall:
Little Rock Wastewater has reviewed the above referenced plans. They are approved
as submitted with one (1) copy being returned to you for your files with this letter.
Approval is being granted to the applicant to construct and install a sewer main
extension. The applicant shall be responsible for all costs associated with the
installation of the sewer main extension in order to obtain wastewater service from
the Little Rock Wastewater (LRW). Please be advised that this approval is based on the
following standard and special conditions:
1. All significant changes in the plans for the proposed construction must be approved
prior to construction and all construction shall comply with the applicable
requirements and specifications of the latest edition of the Little Rock Wastewater
Standard Specifications For Sewer Construction In The City of Little Rock.
2. Continuous project responsibility by the engineer is an express condition of this
plan approval. Reference is made to Part 4 of Section 01100 Standard Specifications
For Sewer Construction In The City of Little Rock.
3. The name of the Resident Inspector shall be furnished to LRW prior to the start of
construction. No construction may begin until this Approval Letter is
acknowledged by the Applicant (Owner) and returned to Little Rock
Wastewater along with all applicable charges shown on Page 3 of this
Approval Letter.
4. This approval letter shall be in force for a period of one (1) year. If construction of
the project has not begun within the one year period, LRW's approval of the project
will expire. No fees paid to the Little Rock Wastewater for this project shall be
reimbursed should the project approval expire.
5. Sanitary sewer lines shall be kept a minimum horizontal distance of 5' from all
underground utilities (Including Storm Drainage) except water lines, which shall be
kept a minimum distance of 10' from sanitary sewer lines.
11 Clearwater Drive I Little Rock, AR 72204 1 501-376-2903 1 www.Irwu.com
September 9, 2016
6. Connection of the proposed sewer main to the existing sewer main shall not
be made until the proposed sewer main has been tested, inspected, and
accepted by the Little Rock Wastewater. The applicant shall convey title to the
sewer main extension together with all necessary easements, free and clear of
all liens and encumbrances, by the appropriate documents. All Final
Paperwork must be submitted to LRW prior to the connection of the proposed
sewer mains being made.
7. Ductile Iron Pipe shall be used on this project as shown on plans and any time the
cover to the existing or proposed ground is less than thirty inches (30") or where
clearance between two pipes is less than eighteen inches (18"). It shall be the
Engineer's and the Contractor's responsibility to check the depth of cover and the
clearance.
8. All Existing and Proposed Manholes shall be located outside of the top bank of all
existing or proposed ditches and shall be at such an elevation as not to allow
rainwater entry during periods of normal rainfall. Manholes with a difference in
elevation of two feet or greater shall be a Drop Manhole unless approved by LRW.
Manhole Steps are not allowed in Little Rock Wastewater Standard
Specifications For Sewer Construction In The City of Little Rock.
9. All sewer mains shall be constructed within easements meeting Utility
Specifications or in a public right of way. Minimum width of proposed easement
shall be ten (10') feet (or the depth of cover whichever is greater) and shall be equal
distance either side of the sewer main as constructed.
10. No sewer main may be constructed under or within ten feet of any existing
detention basin or any detention basin being constructed for this project.
11. All buildings must be capable of being served by gravity sewer service. If minimum
floor elevations are required, it is the responsibility of the Developer to notify the
builder or Owner to assure gravity service is maintained. Individual pump stations
will not be accepted without LRW approval. This includes basement floor elevations.
12. Applicant agrees to obtain all necessary permits and approvals from all other
governing agencies including any applicable Improvement District prior to the start
of construction. APPLICANT SHOULD MAKE AN INDEPENDENT
DETERMINATION OF the existence, status or amount of any fees which may be due
third parties, such as Improvement Districts, which may be owed to the third party
in addition to those fees due to Little Rock Wastewater for sewer lines and or sewer
facilities installation proposed by applicant. The Little Rock Wastewater and Little
Rock Sanitary Sewer Committee have no such information of amounts due third
parties, if any, and assume no responsibility for furnishing such information to
Applicant and expressly disclaim any such duty or liability of any nature whatsoever
arising out of Applicant's failure to make that determination.
13. This approval applies only to that portion of the proposed sewer mains which are to
be dedicated to the public, however all other sewer line work must also comply with
Little Rock Wastewater Standard Specifications.
2
September 9, 2016
Special Conditions
1. Applicant agrees to pay the following charges prior to start of construction of
the project:
N/A
2. This Project Will Not be eligible for reimbursement.
Approval of this project is conditional on the items mentioned above. It shall be the
Engineer's responsibility to notify the Applicant (Owner) and the Contractor of all the
items mentioned above. Failure to notify the Applicant of any of the items mentioned
above does not relieve the Applicant from constructing the project according to Little
Rock Wastewater Specifications and the terms of this approval letter.
If you have any questions concerning this matter, I may be reached by telephone at the
numbers listed below.
Sincerely,
L1TT E ROCK WASTEWATER
in nt Hotho, E.
I7evel per Funded Engineer/Program Supervisor
Department of Engineering Services
Office Phone 501-688-1452
Cell Phone 501-442-6042
Email vince.110th0 a 11-INLIX0111
cc Vern Stubbs, Construction Inspector
enc.
Achnowledaement:
Signature Applicant (Owner) Print Name
Ar al;S&5Water
Essential <- Exceptional
August 10, 2016
TA Little Rock, LLC
8765 STOCKARDDR, SUITE 203
FRISCO, TX 75034
RE: FREDDYS FROZEN CUSTARD
CAW PROJECT NO. 4295
Enclosed you will find contract documents covering installation of water facilities and fire protection to
serve the above described property. The contract should be signed and returned to this office for
completion. The attached procedures are for your use.
DO NOT begin construction until you have:
1. Complied with the first six (6) requirements on the GREEN procedures sheet.
2. Enclosed a check in the amount of $3,250.00 to cover the charges itemized in Section F.1. on page 3
of the contract.
NOTES:
All public facilities shall conform to the latest revision of Central Arkansas Water Standard Pipeline
Materials and Construction Specifications. All public fire hydrants and private fire hydrants that are
maintained by Central Arkansas Water shall be painted silver (aluminum) and all other private fire
hydrants shall be painted red.
Your attention is directed to paragraph C (page 2) of the Contract for Water Facilities. This paragraph
outlines the responsibilities of your engineer on the project. These responsibilities include your engineer
submitting a written inspection report to Central Arkansas Water during the progress of the construction
of facilities. An acceptable form for preparation of these reports is available from Central Arkansas Water.
These reports must be submitted every seven (7) calendar days from the start of construction. The
reports must be prepared daily and include the date, name of the inspector, the time the inspector arrived
and departed the job site, and a detailed explanation of the work occurring on the job site at the time.
These reports may be faxed to us at (501) 210-4980. No water service will be available to this project until
the engineer has completed all required submittals to Central Arkansas Water.
221 East Capitol Ave PO Box 1789 Little Rock, AR 72203
ACka saftater
Essential, Exceptional
Page 2
RE: FREDDYS FROZEN CUSTARD
CAW PROJECT NO.4295
NOTES CONTINUED:
The cost for construction of FACILITIES does not include service charges such as meter connection charge
and meter deposit.
If you have any questions as to the contracts or the procedures to follow, you should contact this office
before beginning anv work under this contract.
2]a
NT' ARKANSWATER
n Lowder,'Engi eringTechnician
Enclosures
cc:
221 East Capitol Ave PO Box 1789 Little Rock, AR 72203
THIS INFORMATION IS FOR YOUR USE - READ CAREFULLY
CENTRAL ARKANSAS WATER
CONTRACT FOR WATER FACILITIES - PROCEDURES TO FOLLOW
THE DEVELOPERS - ENGINEERS SHALL:
1. Have Contract for Water Facilities signed by developer and returned to CENTRAL ARKANSAS WATER, along with a
check for the amount designated on Page 3, Paragraph FA of the Contract.
2. Secure all applicable un-platted easements required by CENTRAL ARKANSAS WATER on standard CENTRAL
ARKANSAS WATER easement forms (provided upon request).
3. Secure written approval from the Arkansas State Department of Health Engineering Division and have copies on file at
CENTRAL ARKANSAS WATER'S office.
4. If applicable, Secure, or furnish, all information and bonds necessary for obtaining permits required for the installation of
water facilities (city, state, county, railroad, gas/oil pipeline). Central Arkansas Water will submit applications for
State Highway Permits.
5. Secure written approval from the City Planning Commission and/or County Planning Commission. Submit to
CENTRAL ARKANSAS WATER if requested.
6. If applicable, Obtain written approval or permit from applicable Department of Public Works on projects crossing and/or
paralleling principal (existing or proposed) street, highway or drainage facilities. Submit to CENTRAL ARKANSAS WATER
if requested.
NO INSTALLATION OF WATER FACILITIES CAN BE ALLOWED UNTIL ALL SIX (6) OF
THE ABOVE REQUIREMENTS HAVE BEEN SATISFIED!
7. Notify the CENTRAL ARKANSAS WATER Engineering Department twenty-four (48) hours in advance of any
construction. No proiect shall start on a Saturday, Sunday, or holiday. Special notification shall be given for work to be
scheduled on weekends. No work under Contract for Water Facilities contracts shall be scheduled on holidays observed by
CENTRAL ARKANSAS WATER.
8. Furnish an inspector to be responsible for the project; and who is competent to supervise and inspect work, capable of
staking out water mains and appurtenances, securing "as built" information and approving installation and blocking.
9. "As Built" drawings will be furnished upon completion of water facilities with Central Arkansas Water As -Built Guidelines
criteria. Contact CAW for a copy of As -Built Guidelines
10. Know that CENTRAL ARKANSAS WATER will fumish only spot inspection to insure that plans and specifications are being
followed. CENTRAL ARKANSAS WATER or its inspector shall be consulted on any change in the water layout that may be
required during construction of the project.
11. Be informed that CENTRAL ARKANSAS WATER shall retain the right to issue a "stop order" on the project if it is not being
installed in accordance with CENTRAL ARKANSAS WATER'S specifications; that CENTRAL ARKANSAS WATER'S
plans and specifications shall supersede those of the Project Engineer on points of conflict.
12. Notify your contractor that filling and/or flushing of any main shall be under the direct control of the Project Engineer.
Flushing plans shall be approved by CENTRAL ARKANSAS WATER.
13. Know that testing of water mains and appurtenances shall be under direct control of CENTRAL ARKANSAS WATER.
Project Engineer is responsible for pre -testing of mains prior to scheduling tests with CENTRAL ARKANSAS WATER.
14. Be aware that the public water facilities may be taken over for maintenance ' ninety (90) days after sterilization, if all the
above requirements have been met. Any repairs made during the ninety (90) day maintenance period shall be made
by the Developer's contractor. In event of an emergency (consumer without water), CENTRAL ARKANSAS WATER
will make emergency repairs and bill the Developer for costs, plus twenty-five (25%) percent.
- SEE Supplemental Agreement 1, Section A, paragraph 4, Contract for Water Facilities for EXCEPTIONS.
June 2016 ScproCAW.Doc
CENTRAL ARKANSAS WATER
CONTRACT FOR WATER FACILITIES
FREDDYS FROZEN CUSTARD
Date of Agreement between Central Arkansas Water and Developer:
Developer:
Engineer:
TA Little Rock, LLC
Thomas Engineering Co.
Estimated Cost of Construction of Public Facilities: $50,194.00
Actual Cost of Construction of Public Facilities as Certified by Engineer:
A. DEVELOPER AND CENTRAL ARKANSAS WATER AGREE AS FOLLOWS:
Section: 041 N 13W
Project: 4295
Job: -
Checked items are a part of this contract.
1.1. W An approved plat is attached showing Facilities, Public and/or Private, which Developer
plans to install or adjust in the locations shown.
1.2. Ed An approved plat, prepared by Developer or Developer's Agent/Engineer and dated:
is attached and incorporated by reference, showing Facilities, Public and/or Private, which Developer
plans to install or adjust in the locations shown.
1.3. i-w, An approved sketch is attached, showing Facilities, Public and/or Private, that Developer plans to
install or adjust in locations shown to be constructed according to detailed plans and specifications
as required in Section B.1 below.
2. Attached are supplemental agreements for the following type(s) of Facilities:
2.1. Agreement for Installation or Adjustment of Public Facilities by Developer
2.2. 0 Addendum to Establish Capital Investment Charges in Conjunction with the Installation of Public
Facilities
2.3. Agreement for Installation and Maintenance of Private Fire Hydrants
2.4. Agreement for Installation and Maintenance of Private Fire Facilities
2.5. ® Service Agreement for Customer Owned Lines
2.6 55 Special Addendum to Contract
B. DEVELOPER WILL:
1. Prepare detailed plans and specifications for Facilities which comply with applicable Central Arkansas Water material and
installation requirements.
2. Pay entire construction costs of Facilities except as indicated as Central Arkansas Water Participation in Section G of this
Agreement.
3. Obtain Central Arkansas Water's approval of all plans and specifications before their submission to other governmental
agencies and before beginning work.
4. Follow Central Arkansas Water's current rules, regulations, policies, approved plans (as may have been modified by CAW)
and specifications. Current Standards may be obtained from Central Arkansas Water Engineering Department or obtained
on-line at www.carkw.com.
5. Hire a Professional Engineer, licensed to practice in the State of Arkansas, and pay all engineering costs if total
construction cost, as estimated by Central Arkansas Water, is more than $10,000 or if Central Arkansas Water, at Central
Arkansas Water's sole discretion, deems an Engineer is necessary for the project. It is Developer's responsibility to see
that Engineer carries out the responsibilities as outlined in Section C.
6. Notify the appropriate agency of plans for proposed Facilities. Submit plat attached to this Agreement or plans for Facilities
which have been approved by Central Arkansas Water to the following:
6.1 Appropriate planning authority within municipalities or Extra -Territorial Jurisdiction thereof.
6.2 Appropriate County Planning Board if any part of Facilities will be located outside a municipality planning jurisdiction.
6.3 Begin work only after the review and approval by applicable departments/agencies.
7. Have plans and specifications that conform to requirements of the Arkansas Department of Health and any federal, state,
county or local governmental agency responsible for regulating construction within the rights -of -way of public roads, streets
and/or highways.
7.1 Be responsible for following the requirements of the above agencies and submitting plans and specifications to them
for review and paying all fees connected to the review and/or construction.
7.2 Begin work only after the review and approval by applicable agencies listed above.
7.3 Furnish approval(s) to Central Arkansas Water.
8. Before beginning work, contact Central Arkansas Water's Engineering Department if there are any questions as to the
Contract or the procedures to follow.
9. Notify Central Arkansas Water's Engineering Department of Developer's intent to begin work no less than forty-eight hours
before beginning any construction.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 1 of 4
10. Construct Facilities so that they will not interfere with any proposed future street, highway or drainage improvements.
11. Obtain all permits, bonds and/or insurance required in construction of Facilities except permits that specifically require that Central
Arkansas Water be designated as permittee, typically Highway and Railroad crossing permits. In that case, Developer must prepare
and submit to Central Arkansas Water all documents and drawings necessary for such permits.
12. Pay cost of all fees, bonds and other expenses associated with obtaining all required permits including those that require Central
Arkansas Water as the permit or bond holder.
13. Conform to all provisions in permits and coordinate all post -construction inspections required by issuer of permits.
14. Open up and grade to within one (1.0) foot of grade all streets and easements where Facilities are to be constructed prior to
installation of Facilities.
15. Stake property lines adjacent to location of Facilities before beginning construction.
16. Acquire exclusive easements, with easement drawings, in a form acceptable to Central Arkansas Water if rights -of -way do not exist
for the Facilities, and convey them to Central Arkansas Water. Any required easements must be obtained, filed with Circuit/County
Clerk and submitted to Central Arkansas Water prior to start of construction. All easement acquisition costs shall be borne by the
Developer.
17. Pay total charges due upon execution of the Contract as specified in Section FA of this Agreement. These include but are not
limited to:
17.1 Engineering Services (includes costs for engineering planning, plan review, contract management, inspection services, and bacteriological
sampling and testing).
17.2 Capital Investment Charges (based on size of connection). Additional Capital Investment Charges, based on size of connection, may apply for
any metered connections to this property including those off private fire service lines.
17.3 Cost of any Facilities that may have been installed by Central Arkansas Water prior to execution of this Agreement or may be installed in the
future by Central Arkansas Water, if specified in Section F.1 of this Agreement.
18. Pay total charges due upon completion of construction as specified in Section F.2 of this Agreement. These include, but are not
limited to:
18.1 Penalties assessed by Central Arkansas Water against the Developer or Developer's Contractor for failure to conform or comply with
specification Section 40 of the Central Arkansas Water Standard Pipeline Construction Specification.
18.2 Other charges for work if performed by Central Arkansas Water personnel including but not limited to correction of work and emergency work.
19. Provide, if requested by Central Arkansas Water, copies of invoices for materials used in construction of Facilities.
20. Allow Central Arkansas Water, at Central Arkansas Water's discretion, to inspect the work periodically. Such CAW inspection does
not negate nor reduce the inspection services of the Developer's Engineer to properly and adequately inspect the work. Developer
shall employ his Engineer to inspect all materials and work for the Facilities and ensure compliance with the approved plans, Central
Arkansas Water specifications and Arkansas Department of Health requirements.
21. Obtain and present to Central Arkansas Water, prior to receiving water service from Central Arkansas Water for the Facilities,
executed acknowledgements of payments of all sums due to Contractors and subcontractors and releases of all liens and potential
lien claims, including but not limited to mechanic's and material men's liens, satisfactory to Central Arkansas Water, from any party
having lien rights, which acknowledgements of payment and releases of liens shall cover all work, labor, equipment, materials done,
supplied, performed or furnished for the construction of the Facilities.
C. DEVELOPER MUST ENSURE THAT ENGINEER WILL:
1. Prepare or directly supervise preparation of plans and specifications for construction of Facilities when total construction cost of
Public Facilities as estimated by Central Arkansas Water is over $10,000 or when Central Arkansas Water in its sole discretion
deems services of an Engineer are required.
2. Design the Facilities in accordance with Central Arkansas Water and Arkansas Department of Health minimum standards and
requirements.
3. Submit plans of other non -water facilities such as sanitary sewer and storm drainage so that their relationship with water Facilities
can be reviewed and commented by Central Arkansas Water.
4. Issue plans and specifications for construction of Facilities that have been revised as per comments and requirements of Central
Arkansas Water and the Arkansas Department of Health.
5. Mark and stake the proposed alignment of Facilities.
6. Provide continuous construction inspection services on work being performed under this contract. Engineer may designate a
representative who is under their direct supervision and competent to supervise and inspect the construction work. Failure of the
Engineer, or another party approved in writing by Central Arkansas Water, to provide construction inspection may result in the
termination of the Contract and/or may result in Central Arkansas Water not accepting the installed Facilities. ADH approval of
Facilities also requires Engineer's inspection.
7. Submit written inspection reports, including completed thrust blocking forms, in acceptable format to Central Arkansas Water and to
Developer at least every seven days during construction of Facilities.
8. Prepare and deliver As -Built Drawings conforming to the latest revision of the As -Built Requirements, certificates and other required
documents to Central Arkansas Water. It is required that acceptable As-Builts, Inspection Reports, Thrust Block Forms, GPS
information and revised/corrected easements be submitted to Central Arkansas Water before Developer's Contractor may enter into
the bacteriological testing phase of Facility construction; delay by the Engineer could impact the Contractor's schedule and the
Developer's use of the Facility.
D. CENTRAL ARKANSAS WATER WILL:
1. Review all plans and specifications for Facilities submitted by Developer in a timely manner and, if acceptable to Central Arkansas
Water, approve the plans and specifications. Developer shall not submit Facilities plans and specifications to other government
agencies except the Arkansas Department of Health before Central Arkansas Water approves plans and specifications.
2. Withhold acceptance and approval for service until required plans, certificates, elevations, GPS/survey coordinates and associated
documents and other requirements have been submitted and approved.
3. Pay Developer upon acceptance of Public Facilities the amount due, if any, as specified in Central Arkansas Water's Participation in
Section G of this Agreement less any amount due Central Arkansas Water. Payment will be based on Estimated or Certified Unit Bid
Prices, whichever is less. Reimbursement for footage or quantities will be based on amount actually installed per approved plans.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 2 of 4
E. DEVELOPER AGREES:
1. Central Arkansas Water will not set water meters and will not provide full water service (excluding water for testing purposes) to the Facilities until
Developer, Developer's Engineer and Developer's Contractor fulfills all obligations as outlined in this Agreement including payment of any money
due Central Arkansas Water.
2. Central Arkansas Water has the right to connect to and make extensions from Facilities, after acceptance of Facilities, without payment to
Developer except as may be specified in an attached Addendum to Establish Capital Investment Charges.
3. Central Arkansas Water has the option of performing work to remedy defects at Developer's expense if Developer does not remedy defects in a
timely manner. Central Arkansas Water has the right to bring an action at law, or in equity, for damage resulting from any violations regarding
quality of work, labor, materials, equipment or performance, whether initial or corrective, at any time after their discovery until the expiration of the
statute of limitations for written contracts.
4. That protection of public water supply against pollution is the essence of this contract and is more important than any other single feature herein.
Any pollution resulting from acts of omission by Developer or his agent shall, in addition to other remedies, be cause for termination of this contract
without notice.
5. That this Agreement contains many separate provisions and outlines separate obligations, and if any provision conflicts with, violates or is invalid
under federal, state or any other court of law, only the specific provisions declared invalid shall be invalid. The rest of the Agreement will be
considered valid. The rights and obligations of the parties shall be enforced. All prior negotiations along with all written addenda to this Agreement
constitute the entire Agreement of the parties.
6. This Agreement does not cover service charges such as meter connection charge, deposit and some other special fees.
F. DEVELOPER'S COSTS:
1. Due to Central Arkansas Water upon execution of this Agreement
A. Engineering Fees .(Refer to Section B.17.1): $3 250.00
B. Capital Investment Charges (Refer to Section B.17.2):
C. Fees for services provided by Central Arkansas Water (taps, hydro -stops, previously installed facilities, and similar services.
Refer to Section B.17.3).
2. Due to Central Arkansas Water upon completion of construction and prior to acceptance by Central Arkansas Water.
A. Assessment of penalties against the Developer for Developer or Developer's Contractor's failure to conform or comply with
Specifications Section 40 of the Central Arkansas Water Standard Pipeline Construction Specifications (Refer to Section
B.18.1).
B. Other charges may apply if Central Arkansas Water's personnel perform other functions or services, including but not limited
to, connections to water mains, correction of work and/or emergency work (Refer to Section B.18.2).
G. ESTIMATED CENTRAL ARKANSAS WATER'S PARTICIPATION (See Section D.3)
1. Actual amounts to be paid by Central Arkansas Water will be determined by the provisions of this contract and may vary
from the estimated amounts stated on this page.
H. MAINTENANCE OF PRIVATE FIRE HYDRANTS (Applicable to Supplemental Agreement 3 only)
Check here if you desire to have Private Fire Hydrant(s) maintained by Central Arkansas Water. ❑
Check here if you do NOT desire to have Private Fire Hydrant(s) maintained by Central Arkansas Water ❑
The following Checked Supplemental Agreements are attached:
❑� 1 Ef 2 W 3 9 4 0 5 Ef 6
BOARD OF COMMISSIONERS,
CENTRAL ARKANSAS WATER
By
Chief Operating Officer
TA LITTLE ROCK, LLC
By -
Title:
Printed Name:
Mailing Address:
City, State, Zip:
Phone:
Email:
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 3 of 4
DEFINITIONS/TERMS
1. As -Built Drawings/As-Builts — Set of Plans prepared by the Engineer in accordance with Central Arkansas Water's As -Built
Requirements, which depict the Facilities as finally constructed.
2. Certified Cost of Construction — Actual Cost of Construction of Public Facilities as Certified by Engineer.
3. Estimated Cost of Construction — Central Arkansas Water's preliminary estimate of Cost of Construction of the Public Facilities.
4. Private Facilities —Water lines and appurtenances installed, owned, operated and maintained by the Developer.
5. Public Facilities — Water mains and appurtenances installed by the Developer with ownership, operation and maintenance
transferred to Central Arkansas Water upon acceptance of the facilities by Central Arkansas Water.
6. Facilities — Private and/or Public Facilities singularly or in combination in the Developer's project.
7. Developer — Entity requesting installation of Facilities within the service area of Central Arkansas Water.
8. Engineer— Professional Engineer (individual, partnership or corporation) registered in the State of Arkansas to perform engineering
design as retained by Developer for design, inspection and construction management of the proposed Facilities.
9. Central Arkansas Water (CAW) — Board of Commissioners, Central Arkansas Water or designated officer.
10. GPS/Surveyed Coordinates — State Plane Coordinates Arkansas North Zone 0301 in US Survey Feet North American Datum 1983
to four (4) point accuracy using no commas or leading zeros.
Revised - May 13, 2015 Contract for Water Facilities (Special Contracts)
Page 4 of 4
SUPPLEMENTAL AGREEMENT 1 Section: 041N13W
AGREEMENT FOR INSTALLATION OR ADJUSTMENT Project: 4295
OF PUBLIC WATER FACILITIES BY DEVELOPER Job:
FREDDYS FROZEN CUSTARD
A. DEVELOPER WILL:
1. File the following with Central Arkansas Water before the Facilities will be considered complete and acceptable:
1.1 Set of plans, called As-Builts or As -Built Drawings, which show the Facilities as finally constructed. These
plans shall be provided as per the As -Built Requirements, latest revision, as issued by Central Arkansas Water.
Current As -Built Requirements may be obtained from the Central Arkansas Water Engineering Department or
obtained on-line at www.carkw.com. These plans must be provided prior to testing of the Facilities.
Delay in submittal of the As -Built Drawings could cause delay in the testing, completion and placement into
service of the Facilities.
1.2 Certificate showing total cost of construction of the Facilities, and if requested by Central Arkansas Water, a
copy of invoices for materials used in the construction of the Facilities.
1.3 Central Arkansas Water will not accept Facilities for service until testing is complete, bacteriological samples
are obtained on two consecutive days with negative results, and all required documents such as easements,
As -Built plans, signed and recorded Final Plat, certificates, elevations, GPS/surveyed coordinates, inspection
records, certification that Facilities were installed to Central Arkansas Water specifications, associated
documents and other requirements mentioned previously have been submitted to and approved by Central
Arkansas Water and the Engineer assures Central Arkansas Water that construction of Facilities and needed
restoration of pavement and vegetation, etc. is complete and that valves and hydrants are operational.
2. Acknowledge that this is an Agreement for Installation of Facilities only and not a contract for water service; full
water service will not be provided until all requirements in this Contract have been met.
3. Acknowledge that:
3.1 Furnishing of water by Central Arkansas Water is a governmental function and that Central Arkansas Water
does not agree to furnish any minimum amount of water volume or water pressure.
3.2 Water will be delivered only to customers who enter into separate service contracts with Central Arkansas
Water and subject to rules, regulations and policies that may be in effect.
3.3 Water furnished under a separate service contract will be supplied at whatever pressure and quantity available
without liability for damage due to variable or fluctuating or high or low pressure or interruption of flow.
4. Promptly remedy any defects or relocate the Facilities to the satisfaction of Central Arkansas Water after receiving
written notification by Central Arkansas Water. If, within one (1) year after acceptance of Facilities by Central
Arkansas Water, any part of Facilities is damaged or valve boxes are covered or removed or if within two (2) years
after acceptance any part of Facilities requires relocation, in the opinion of Central Arkansas Water, due to
construction of street, road, highway or drainage improvements or other structures Developer must remedy or
relocate Facilities to Central Arkansas Water's satisfaction.
B. DEVELOPER ACKNOWLEDGES ALONG WITH CENTRAL ARKANSAS WATER THAT:
1. Upon completion of the construction and acceptance by Central Arkansas Water, that Central Arkansas Water
becomes the owner without any other conveyance. Facilities thereafter become a part of the distribution system of
Central Arkansas Water.
2. Water service to existing customers must be maintained during construction and may be provided from the new
facilities installed after those Facilities are determined by Central Arkansas Water to provide water that is safe for
human consumption.
C. DEFINITIONS/TERMS
1. GPS/surveyed Coordinates — State Plane Coordinates Arkansas North Zone 0301 in US Survey Feet North
American Datum 1983 to four (4) point accuracy using no commas or leading zeros.
Revised - May 13, 2015 Supplemental Agreement 1 - Page 1 of 1
SUPPLEMENTAL AGREEMENT 3 Section: 041N13W
Account No. AGREEMENT FOR INSTALLATION & MAINTENANCE Project: 4295
Service No. OF PRIVATE FIRE HYDRANTS Job:
(for use by CAW.) FREDDYS FROZEN CUSTARD
A. DEVELOPER:
1. Desires the installation of Private Hydrant(s) in the quantities and locations as stated in attached Schedule 1 of this
document.
2. Agrees to install Private Fire Hydrant(s) at Developer's expense in accordance with Central Arkansas Water's
Standard Pipeline Materials and Construction Specifications. Current Standards may be obtained from the Central
Arkansas Water Engineering Department or obtained on-line at www.carkw.com.
3. If Developer chooses, as indicated in Section H of the Contract for Water Facilities, to have Central Arkansas Water
provide normal Maintenance on these Private Fire Hydrant(s), Developer agrees to paint Private Fire Hydrant(s)
with aluminum paint as follows: Aluminum (Sliver) as per the Central Arkansas Water Standard Specifications.
4. If Developer chooses, as indicated in Section H of the Contract for Water Facilities, to not have Central Arkansas
Water provide normal Maintenance on these Private Fire Hydrant(s), Developer agrees to maintain the Private Fire
Hydrant(s) in good operating condition at all times and shall paint and maintain the Private Fire Hydrant(s) with
enamel paint as follows: Red as per the Central Arkansas Water Standard Specifications.
S. Agrees to be responsible for repair or replacement of Private Fire Hydrant(s) damaged by any means such as by
misuse, improper operation, accident, weather, or age.
6. Grants to Central Arkansas Water the right to enter upon Developer's property to inspect and use Private Fire
Hydrant(s) for any purpose at any time.
7. Agrees not to operate Private Fire Hydrants(s) or permit others to operate Private Fire Hydrant(s) except for fire
protection purposes by an organized Fire Department or other agencies engaged in authorized fire flow testing.
8. Agrees to the duties of ownership of said Private Fire Hydrant(s) with all associated responsibilities including:
payment of applicable fees, maintenance of hydrant(s) and maintenance of access to hydrant(s) by Central
Arkansas Water and the Fire Department having jurisdiction to protect the property being served. Duties of
ownership shall be transferred to subsequent property owners, heirs and/or assigns. Developer must obtain written
approval of Central Arkansas Water to transfer these responsibilities to subsequent responsible parties.
9. Acknowledges that this is not a contract for furnishing fire protection by Central Arkansas Water.
B. CENTRAL ARKANSAS WATER:
1. Agrees to maintain Public Fire Hydrant(s) without cost to Developer.
2. Agrees to provide Maintenance of Private Fire Hydrant(s) if Developer requests Maintenance by Central Arkansas
Water as indicated in Section H of the Contract for Water Facilities and Developer pays applicable Annual Fees and
Maintenance Charges.
C. DEVELOPER AND CENTRAL ARKANSAS WATER AGREE AS FOLLOWS:
1. These Private Fire Hydrant(s) will be connected to mains owned by Central Arkansas Water.
2. If these Private Fire Hydrant(s) are, in the future, located within public street or road rights -of -way they will become
Public Fire Hydrants.
3. If any terms, provisions or conditions of this contract are violated, including nonpayment of charges and fees,
Central Arkansas Water is entitled to remove Private Fire Hydrant(s) installed under this Agreement and terminate
all service provided under this Agreement without liability to Developer, including ingress and egress across the
Developer's property to the hydrant(s).
D. DEFINITIONS/TERMS
1. Public Fire Hydrant: A fire hydrant that is off a public main, is accessible to the public and located within or
adjacent to the right-of-way of a public street, road or highway. Central Arkansas Water owns and maintains these
hydrants.
2. Private Fire Hydrant: A fire hydrant inaccessible to the public or located outside the right-of-way of a public street,
road or highway. These hydrants are owned by the Developer, however title to the connecting valve and pipe
between the hydrant and the public main belongs to Central Arkansas Water.
3. Maintenance of Private Fire Hydrant: Routine lubrication, painting and replacement of worn parts that result from
normal usage as determined by Central Arkansas Water; also including replacement if necessary due to accidental
damage, vandalism, theft or obsolesce.
Revised - May 13, 2015 Supplemental Agreement 3 - Page 1 of 1
PLOTTED: 8/9/2016
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