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HomeMy WebLinkAboutS-1620-A ApplicationMark Redder From: Vincent Hotho <Steven.Hotho@lrwu.com> Sent: Thursday, December 11, 2014 11:07 AM To: Mark Redder Cc: Vern Stubbs; 'Carney, Dana'; brandi@holloway-eng.com Subject: RE: Cantrell Falls The revised plat for Lot 3 is acceptable to LRW. S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility Ofc: 501.688.1452 M bl: 501.442.6042 From: Mark Redder [mailto:mark@holloway-eng.com] Sent: Thursday, December 11, 2014 10:57 AM To: Vincent Hotho Cc: Vern Stubbs; 'Carney, Dana'; brandi@holloway-eng.com Subject: RE: Cantrell Falls Vince, Dana at Public Works is asking that you approve the revision to the plat. Could you please review and reply to all? I have also attached the as -built for reference Thanks, Mark From: Vincent Hotho [mai€to:Steven.Hotho@Irwu.com Sent: Tuesday, December 09, 2014 3:51 PM To: Mark Redder Cc: Vern Stubbs Subject: RE: Cantrell Falls Mark, I need the following before I can close out Cantrell Falls Lot 3: 1) Affidavit of completion needs to be signed by the owner in addition to Bob Holloway. 2) As -Built Plan & Profile sheet needs to include the Northing and Easting coordinates for each manhole. I need this sheet in 24"x36" size. One copy is adequate. 3) Recorded Sewer Easement in its final format, or a recorded plat reflecting the sewer easement in its final format. 4) Maintenance Bond with face value of 50% of the sewer construction cost. Thanks, Vince S. Vincent Hotho, P.E. Engineering Supervisor Little Rock Wastewater Utility 1 k Ofc: 501.688.1452 M bl: 501.442.6042 From: Mark Redder [mailto:markbholioway-eng.com] Sent: Thursday, December 04, 2014 9:30 AM To: Vincent Hotho Subject: Cantrell Falls Mark Redder VP Civil Design Holloway Engineering 200 Casey Drive Maumelle, Arkansas 72113 1-501-851-3366 Office 1-501-851-3368 Fax 1-501-765-0099 Cell THIS INSTRUMENT PREPARED BY AND ALTER RECORDING RETURN TO: Timothy W. Grooms, Esq. Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 2014052425 Received: 9110/2014 8:15:43 AM Recorded: 09/10/2014 08:30:21 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $135.00 l��yt,u i i u i �r�rrr�r ��, ' l'- c/p�' fir„ •�;; -. 2013 AMENDED AND RESTATED DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND THIS DECLARATION OF EASEMENTS WITH COVENANT AND RESTRICTIONS AFFECTING LAND (the "Declaration") is made as of the j� day of March, 2013, by 14910 CANTRELL, LLC, an Arkansas limited liability company ("Grantor") and the Declaration is consented to in all respects by FRP CANTRELL FALLS, LLC, an Arkansas limited liability company, the Owner of a portion of the property encumbered by this Declaration, as set forth below ("FRP"). WITNESSETH: WHEREAS, Grantor and FRP are the owners of those certain tracts of land situated in i the City of Little Rock, Pulaski County, Arkansas, which have either been platted (as to Lot 1) or will be platted with the City of Little Rock and identified as Lot 1 (FRP), Lot 2, Lot 3 and Lot 4 (Grantor) (singularly, a "Lot" and collectively, the "Lots") of Cantrell Falls Subdivision to the City of Little Rock, Arkansas, in the manner set forth on the plan attached hereto as Exhibit A s (consisting of five (5) pages)(collectively, the "Shopping Center"), said tracts being more particularly described in Exhibits B1, BI B3 and B4 hereof, respectively and the overall Shopping Center being identified on Exhibit B5 hereof; ,i WHEREAS, Grantor and FRP contemplate the sale of all or a portion of the Shopping Center; WHEREAS, Grantor and FRP wish to declare and reserve certain easement rights for the benefit of current and future owners of the Shopping Center that will run with and be appurtenant to said tracts and impose certain obligations and restrictions that will burden and also run with the land; and 1149/ 1703/Ca n trel I_ Fa I ls_ ECRT WGv 15 WHEREAS, Grantor and FRP desire and intend that no merger of rights occur because of present common ownership or any future common ownership. NOW, THEREFORE, for and in consideration of the premises, easements, covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby acknowledged, the Grantor and FRP do hereby declare and reserve as follows: 1. Budding/Common Areas. a. 'Building Areas" shall mean the portion of each Lot whereupon a building or buildings are constructed in a manner compliant with the ordinances of the City of Little Rock; provided, however, no buildings may be located within the shaded areas delineated on Exhibit A (page 51 attached hereto. b. "Common Areas" shall mean all areas other than Building Areas and Maintained Common Areas. 1 1 C. "Common Utility Facilities" shall mean utility systems and facilities from time to time situated on or serving the Shopping Center, for use or service in common by the Lots or for the service of the Maintained Common Areas, such as the following: storm drainage, retention and disposal facilities and sanitary sewer systems, manholes, underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and systems, shared electrical facilities for Maintained Common Area and Shopping Center Signage lighting (not to include separate utilities for displays within the Sign (defined in Section 7), underground telephone and television cables and systems, and all other utility systems and facilities for such common use or service located as shown on Exhi it or which, after the date hereof are located on any of Lot 2, Lot 3, Lot 4 or with written consent of the Owner of Lot 1, located on Lot 1. d. "Maintained Common Areas" shall mean the portion of each Lot shown on Exhibit A. e. "Owner" shall mean and refer to the record owner, whether one or more persons or entities (including owners of one or more units of any Horizontal Property Regime (as the term is defined in Section 6(a)(3)) which may be formed on one or more Lot(s)), of fee simple title to any Lot, including any successors acquiring any interest of an Owner or any successors acquiring any interest to any Lot. f. "Separate Utility Facilities" shall mean any of the following not installed under the terms of this Declaration and not for use in common by other Owners or for the service of the Maintained Common Area: storm drainage, retention and disposal facilities and sanitary sewer systems, manholes, underground domestic and fire protection water systems, underground natural gas systems, underground electric power cables and systems, underground telephone and television cables and systems, and all other utility systems and facilities for use of individual Lots, but not the entire Shopping Center or Maintained Common Areas. g. "Shopping Center Signage" shall mean signs within the Shopping Center including without limitation the Sign (defined in Section 7) which may be located in the Sign Easement Area designated on Exhibit A the design and size thereof being subject to the right of 7 I149/1703/Cantrell Falls ECRTWGvl5 Grantor and the Owner of Lot 1 to approve same, such approval not to be unreasonably withheld, conditioned or delayed, and subject to Section 7 below. 2. Use. Buildings in the Shopping Center shall be used for commercial purposes to the extent allowed by the land use laws of the City of Little Rock. Notwithstanding any use allowed by the previous sentence, no tattoo or piercing parlor, theater, bowling alley, skating rink, billiard parlor, night club, or other place of recreation or amusement, any business exclusively selling alcoholic beverages (expressly not to exclude restaurants), flea market, truck stop, gas station or other facility for the sale of motor vehicle fuels, operation for the renting, leasing, selling of or displaying any boat, motor vehicle or trailer, school or training or educational facility (including without limitation a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers), or mortuary shall occupy space within the Shopping Center without the prior written consent of Grantor and FRP. For purposes of this Section 2, a "restaurant" shall be defined as any operation of business which requires a governmental permit, license and/or authorization to prepare and/or service food for either on or off site consumption; provided, however, notwithstanding anything herein to the contrary, a supermarket, grocery store, or similar operation shall not be deemed a restaurant and such uses are specifically not permitted in the Shopping Center. For purposes of this Section 2, a "place of recreation or amusement" shall mean a use offering games, shows or other entertainment activities unless such games, shows or activities are incidental to a permitted business activity (provided, any games, shows or other entertainment activities involving gambling (whether for money or other prizes) or "adult" activities, including without limitation any adult -type book store, massage parlor, escort service, facility with nude (or partially nude, bathing suit -clad or lingerie -clad) models or dancers or any establishment selling or exhibiting sexually explicit materials, are expressly prohibited, even if incidental to a permitted business activity). In addition, any restaurant or similar establishment that primarily sells hamburgers (including, without limitation, Five Guys Burgers and Fries, Smashburger, Fatburger, Dave's Better Burgers or any comparable establishment) is expressly prohibited from occupying space in the Shopping Center except upon Lot 1 and Lot 3 shall be the sole location of any automotive repair or parts business, with the sale of tires, brakes and other automotive repair and replacement parts and items being expressly permitted. The restrictions contained in this Section 2 shall not be amended except as provided in Section 19. 3. Buiidin�. a. Design and Construction. Any improvements constructed in the Shopping Center must have approval of the City of Little Rock and not be used in a manner prohibited by Section 2. All exterior construction must consist of brick, stucco or another masonry fagade approved by Grantor, said approval not to be unreasonably withheld, conditioned or delayed. With respect to Lot 1, any improvements and exterior construction facades in place on the date hereof are deemed approved and further approval by Grantor or any other Owner shall not be required and, further, should such improvements be damaged or destroyed they may be reconstructed using identical materials or otherwise as required of Burger King franchisees without approval of Grantor or any other Owner. The design and construction shall be in conformity with sound architectural and engineering standards and the construction shall be first quality. The structural portion of building(s) on Lot 1 and Lot 4 shall not exceed 25 feet in height above finished grade. Lot 2 and Lot 3 shall not have a building height in excess of that permitted by the City of Little Rock. 1149/1703/Cantrell Falls ECRTWGvl5 b. Location. No buildings shall be constructed on any Lot except as permitted by the City of Little Rock and which are outside the no -build areas delineated on Exhibit A (page 5). Any rooftop equipment constructed on the buildings located in the Shopping Center shall be screened so as to minimize visibility from the mean finished elevation of the Common Area within such Lot. 4. Common Areas and Maintained Common Areas. The Common Areas and Maintained Common Areas including without limitation all parking lots, sidewalks, driveways and landscaping amenities shall be available for the common, non-exclusive and shared used of all owners, tenants, customers, invitees and licensees of the Shopping Center, such use to be enjoyed with reason and judgment so as to provide for ingress, egress, landscaping and parking for the customers, invitees, employees and licensees of the business conducted in the Shopping Center and for servicing and supplying of such business. Grantor shall be responsible for constructing all Maintained Common Areas, though such obligation may be contractually assigned and assumed by a purchaser(s) of a Lot. Easements. a. In ress Egress, and Access Easements. Grantor and FRP hereby grant and subject the Shopping Center to such nonexclusive ingress, egress, and access easements as are noted as such easements on Exhibit A attached hereto (the "Access Easement Areas"), which are in addition to and without limitation of Section 4, for the mutual non-exclusive benefit and use of Grantor and its successors and assigns, including the Owner of each of Lot 1, Lot 2, Lot 3 and Lot 4 within the Shopping Center, and their respective customers, employees, tenants, invitees and licensees. Pursuant to Section 19, the Owners may alter or modify the Building Areas, Common Areas, Sign Easement Area, Access Easement Areas, Common Utility Facilities, Maintained Common Areas and any other matter depicted on Exhibit A despite the granting of the easements herein. The easements provided for in this Section 5(a) are subject to the rights of each Owner, and shall in no way restrict or affect the right of each Owner to make changes to the location or design of the Access Easement Areas that (i) are required by law; or (ii) do not materially impair the use of the Access Easement Areas for the purposes for which said easement was granted (it being agreed that re -striping of the parking lot portions of the Access Easement Areas to make changes in the parking aisles which do not interfere with traffic flow from one Lot to another, in and of itself, does not materially impair the use of the Access Easement Areas). No Owner of a Lot subject to an easement granted herein shall erect any barriers, fences, grade changes or other obstructions so as to in any manner unreasonably restrict or interfere with the use and enjoyment by any of the Owners of the rights and easements created by this Section 5(a). Grantor expressly reserves the right to dedicate any access drive(s) to the City of Little Rock, provided that such dedication is consented to in writing by: (i) the Owner of Lot 1, and (ii) a majority of the Owners of a Lot other than the Owner of Lot 1. In the event that the dedication of any access drive is consented to in accordance with the preceding sentence, each Owner agrees to execute any necessary documentation to facilitate such dedication. 4 1149/1703/Cantrell Falls ECRTWGvl5 b. Utility and Service Easements. Unless located within the Maintained Common Areas which, if the case, shall be deemed perpetual mutual, non-exclusive easement grants to all Owners of a Lot or Lots for location of the Common Utility Facilities, Grantor and each Owner hereby grants to the other Owners mutual, non-exclusive, perpetual easements, within the areas shown on Exhibit A as the location for Common Utility Facilities, for the installation, construction, use, operation, maintenance, repair, replacement, and removal of Common Utility Facilities and Separate Utility Facilities. All Common Utility Facilities and Separate Utility Facilities shall be underground and the location of Separate Utility Facilities shall be subject to the approval of the Owner across whose Lot the same are to located, which approval shall not be unreasonably conditioned, withheld or delayed. Any Owner who is the beneficiary of an easement for Separate Utility Facilities under this subsection shall be responsible, as between such Owner and any other affected Owner, for the installation, maintenance, repair and removal of all Separate Utility Facilities installed by such Owner pursuant to this Section 5(b). Any such installation, maintenance, repair, replacement, relocation and removal of Separate Utility Facilities shall be performed only after ten (10) days advance notice to the Owner upon whose Lot the work affects of intention to do such work. However, in the case of an emergency, any such work may be immediately performed after giving such advance notice as is practicable under the circumstances. In addition, the Owners agree that all such installation, maintenance, repair and removal shall be performed in a manner that causes as little disturbance to other Owners as may be practicable under the circumstances and any and all portions of the surface area of any affected Lot which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Owner upon whose behalf the work is performed, to essentially the same condition as the same were in prior to the commencement of any such work. No such work or restoration, except emergency repair work shall be carried on during any weekends. Each Owner who performs work upon the Lot or Lots of other Owners shall defend, indemnify and hold such Owner(s) harmless from and against any and all liens, losses, liabilities, costs or expenses (including reasonable attorney's fees), incurred in connection with exercise of the Separate Utility Facilities easements granted within this Section 5(b). C. Water Flow. All Owners of Lots each agree, and their successors and assigns shall be bound thereby, that each Owner will not unreasonably alter the flow of surface water from one Lot onto another Lot, provided that any alteration in the water flow which may occur as a natural consequence of normal construction activities and the existence of the party's improvements, if in compliance with the Bill of Assurance for the Shopping Center and this Declaration shall be permitted and deemed reasonable. t d. Appurtenance. All easements granted herein shall be appurtenant to and shall run with all of the Shopping Center, with each Lot being a dominant estate over all lands wherein easement areas are located other than on land within such Lot, and each Lot being a servient estate as to land within a Lot that is subject to easements granted herein. 1149/1703/CantreII_FaIIs_ECRT WGv 15 6. Development, Maintenance, and Taxes. a. Development. (1) Arrangement. The arrangement of the Common Areas in the Shopping Center shall not be changed in a manner inconsistent with the provisions of this Declaration except as expressly permitted by this Declaration. (2) "Parkin Area" Ratio. Each Owner of a Lot within the Shopping Center hereby agrees that, at all times, there shall be maintained on each Lot the parking spaces required by applicable law or ordinance but if a law or ordinance is not applicable, then parking areas shall be maintained in the following ratios: Lot 1: parking spaces which will accommodate not fewer than ten (10) car spaces for each one thousand (1,000) square feet of any building located within the Building Area on Lot 1. Lot 2: parking spaces which will accommodate not fewer than three (3) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 2. Lot 3: parking spaces which will accommodate not fewer than three (3) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 3. Lot 4: parking spaces which will accommodate not fewer than four (4) car spaces for each one thousand (1,000) square feet of any building(s) located within the Building Area on Lot 4. (3) HPR: Co erative Ownershi . Subject in all respects to all provisions of this Declaration, Grantor, FRP and all future Owners of Lot(s) in the Shopping Center expressly consent to any one or more Lot(s) becoming subject to a Horizontal Property Regime ("HPR") wherein one or more persons or entities may own rights in and to a Lot(s) by virtue of owning HPR "Units," or being owned by a cooperative ownership entity. In such event, all Owners of an interest in a Lot subject to an HPR shall have responsibility for assessments upon the particular Lot(s) created by this Declaration as set forth below and shall vote for amendments as set forth in Section 19 of this Declaration. All such Owners of a Unit in an HPR located on any Lot(s) shall be fully vested with all rights of an Owner of a Lot even though not all of such Lot is owned and shall be burdened with all restrictions and assessments (on a pro-rata basis to be established within the multiple ownership creation documents) of an Owner of a Lot even though not all of such Lot is owned. b. Maintenance. The Maintained Common Areas and the Common Areas shall be kept neat, orderly, planted in grass and trimmed and the maintenance expense thereof equally divided among the Owners of the Lots in the Shopping Center. Grantor, for the period wherein Grantor owns a Lot, shall maintain the Maintained Common Areas and the Sign Easement Area (defined below)(with reimbursement obligations of other Owners set forth below) and, after Grantor no longer owns a Lot, maintenance for the Maintained Common Areas and the Sign Easement Area shall be the responsibility of the Owner of Lot 2 unless otherwise 1149/1703/Cantrell Falls ECRTWGv15 agreed in writing by all Owners, but at all times all Owners of the Lots in the Shopping Center shall reimburse the responsible Owner their prorata share, as indicated on Exhibit C, of the expenses incurred to maintain the Maintained Common Areas and Sign Easement Area. The remaining Common Areas and any Shopping Center Signage other than the Sign (defined in Section 7 below) shall be maintained in good condition and repair by the Owner of each Lot containing such Common Area or Shopping Center Signage. The maintenance is to include, without limitation, as appropriate for the responsible party, the following: (1) Maintaining the surfaces in a level, smooth and evenly -covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal in quality, use, and durability; (2) Removing all papers, debris, filth and refuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (3) Placing, keeping in repair and replacing any necessary appropriate directional signs, markers and lines; (4) Operating, keeping in repair and replacing, where necessary, such artificial lighting facilities as shall be reasonably required, including keeping the Shopping Center Signage lighted from dusk to dawn; (5) Maintaining, repairing and replacing, when necessary all Shopping Center Signage other than the Sign; (6) Maintaining, repairing and replacing when necessary all Common Utility Facilities not dedicated to the public or conveyed to any public or private utility which are necessary for the operation of the buildings and improvements located in the Shopping Center and any other improvements within the Maintained Common Areas; (7) Maintaining all perimeter walls in a good condition and state of repair; and (8) Maintaining all landscaped areas and making such replacements of shrubs and other landscaping as is necessary, including regular cutting of all grassy areas. If Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, fails to maintain the Sign Easement Area and Maintained Common Areas or any of the other Owners of a Lot within the Shopping Center shall fail to so maintain an owned Lot, any one (1) or more Owner(s) of a Lot(s) shall, as the sole and exclusive remedy, have the right to: (i) go onto the Lot(s) of other Owners, after written notice of failure is provided to such other Owner(s) of a Lot(s) in the Shopping Center and passage of thirty (30) days without action, and (ii) perform the maintenance work. If the remedy set forth in this paragraph is elected and either not contested or contested unsuccessfully, each Owner(s) of a Lot(s) in the Shopping Center shall promptly reimburse any Owner(s) of a Lot(s) who discharges the maintenance obligation of another Owner(s) of a Lot(s) for the reasonable expense thereof, pro-rata, in accordance with the percentages set forth on Exhibit C. 7 1149/1703/Cantre11Falls ECRTWGv15 Each Owner, as applicable, shall be billed quarterly in arrears by Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, for the pro rata share of all maintenance expenses of the Maintained Common Areas and Sign. Said bills shall be due and payable within thirty (30) days after receipt of said bills and, if requested, copies of all invoices, statements or other documents supporting same. The proportionate share of the total maintenance expenses to be borne by each Owner is set forth on Exhibit C. Any Owner may, upon not less than ten (10) days' prior written notice to the Grantor, for so long as Grantor owns a Lot in the Shopping Center, or any Owner thereafter obligated herein or agreeing to assume maintenance responsibility, as applicable, or other maintaining Owner, as applicable, inspect the records whereupon reimbursements were requested or made for all maintenance expenses incurred during the preceding calendar year at the general offices of the reimbursed party or at such other location reasonably determined by the parties at any time during reasonable business hours within one (1) year after the end of said calendar year. If said inspection reveals an overpayment of maintenance expenses, the collecting Owner shall reimburse the applicable Owners for their proportionate share of any such overpayment within thirty (30) days after receipt of notice of detern ination, and of the amount, of such overpayment. C. Taxes. Each of the Owners of the Lots, their successors and assigns, agree to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities all real property taxes and assessments which are levied against all or any part of the Lot owned by it. 7. Signs. Grantor hereby grants, reserves and establishes for the benefit of all Owners, an exclusive easement to erect, at the option of Grantor, a monument, pylon, directional or other sign (the "Sign") on the Sign Easement Area as designated on Exhibit A (the "Sign Easement Area"), the Sign to be configured, as to the allocated space to the Owner of Lot 1 and all other Owners, as depicted on the drawing attached hereto as Exhibit D. Grantor shall construct, at the expense of Grantor, the structural portions of the Sign. Following completion of the structural portion of the Sign, each Owner shall be responsible for all signage, installation, mechanical and electrical connections and equipment. The Owner of Lot 1 shall be solely responsible for all costs incurred for installation, operation, utilities, maintenance, insurance and repair of its allocated space displays, with all other Owners being similarly responsible for the displays within space allocated therefor on Exhibit D. All maintenance and repair of the structural portion of the Sign (i.e. not any electronic or other panels or displays which are addressed above) as becomes necessary from time to time shall be borne pro-rata, based on the area of the Sign usable by the Owner of Lot 1 (as shown on E ibit D and the Owners of Lots 2, 3 and 4 (as shown on Exhibit D ). Nothing within this Section 7 shall, to the extent permitted by applicable law, prevent an Owner from separately seeking signage exclusively pertaining to the business of such Owner within the Lot owned by such Owner. In addition, each Owner shall be prohibited, such prohibition to be subject to injunction as the sole available remedy, from making any derogatory remarks in the display portions of the Sign regarding the business, operation or otherwise regarding any other Owner. 8 1149/1703/Cantrell Falls ECRTWGvl5 8. Li, Atin. All artificial lighting on the Lots shall remain on from dusk to 11:59 p.m. It is also agreed that each Lot shall also have adequate artificial lighting from dusk to dawn for security and safety purposes. Indemnification/Insurance. a. Indemnification. Each Owner of a Lot shall indemnify and save all other Owners of a Lot(s) harmless from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from personal injury, death, or property damage and occurring on or from its own tract, except if caused by the act or neglect of the other party hereto. b. Insurance. i. Each Owner of a Lot in the Shopping Center shall procure and maintain in full force and effect throughout the term of this Declaration general public liability insurance and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about its property, each party's insurance to afford protection to the limit of not less than $500,000.00 [in 2013 dollars for injury or death of a single person, and to the limit of not less than $1,000,000.00 [in 2013 dollars]for any one occurrence, and to the limit of not less than $500,000.00 [in 2013 dollars] for property damage. Each Owner of a Lot in the Shopping Center shall, upon written request, provide the other Owner(s) of a Lot(s) with certificates of such insurance from time to time to evidence that insurance is in force. Such insurance may be written by additional premises endorsement on any master policy of insurance carried by the party which may cover other property in addition to the property covered by this Declaration. ii. At all times during the term of this Declaration, each Owner of a Lot(s) in the Shopping Center shall keep improvements on its property and any displays located in the Sign insured against loss or damage by fire and other perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in the state in which the property is located, with such insurance to be for the full replacement value of the insured improvements. iii. Each Owner of a Lot(s) in the Shopping Center for itself and its property insurer hereby releases the other Owner(s) from and against any and all claims, demands, liabilities or obligations whatsoever for damage to the other's property or loss of rents or profits resulting from or in any way connected with any fire or other casualty whether or not such fire or other casualty shall have been caused by the negligence or the contributory negligence of the party being released or by any agent, associate or employee of the party being released, this release being to the extent that such damage or loss is covered by the property insurance which the releasing party is obligated hereunder to carry, or, if the releasing party is not carrying that insurance, then to the extent such damage or loss would be covered if the releasing party were carrying that insurance. iv. As used in this Declaration, the term "[in 2013 Dollars]" shall mean that the amount to which such term applies shall be increased or decreased for each year during the term of this Agreement in proportion to the increase or decrease in the Consumer Price Index (revised 1978) for all Urban Wage Earners and Clerical Workers of the Little Rock Area, all items (Base 1967 = 100) published by the United States Department of Labor Bureau of 9 1149/1703/Cantrell Falls ECRTWGvl5 Labor Statistics (the "Index"), or any successor index thereto, appropriately adjusted. In the event that the Index is converted to a different standard reference base or otherwise revised, the determination of the adjustment to be made with reference to the Index shall be made with the use of such conversion factor, formula or table for converting the Index as may be published by the Department of Labor or, if said Department shall not punish the same, then with the use of such conversion factor, formula or table as may be published by Prentice Hall, Inc., or other nationally recognized publisher of similar statistical information as may be agreed upon by the Parties. If the Index ceases to be published, and there is no successor thereto, then a reasonable index shall be utilized; or, if such substitute index is not available or may not lawfully be used for the purposed stated herein, then based upon a reliable governmental or other non -partisan publication evaluating changes in the cost of living or purchasing power of the consumer dollar, if such a publication is available and may be lawfully used for the purposes stated herein. For the purposes of calculating fluctuations in the index, the calendar year 2013 shall be considered to be the base year (the "Base Year"). With respect to any amount referred to in this Declaration to which the Index adjustment is to be made, such amount shall for the purpose of calculating such adjustment be referred to in this Section 9(b)(iv) as the "Base AnIoUi]t" and the Base Amount, as adjusted by the application of this Section 9(b)(iv), shall be referred to herein as the "Adjusted Amount". The Adjusted Amount shall be determined as follows: With respect to each time at which the Index Adjustment is to be made, the Base Amount shall be increased or decreased to equal the product obtained by multiplying the Base Amount by a fraction, the numerator of which is the average annual Index for the most recent complete calendar year, and the denominator of which is the average annual Index for the Base Year. For purposes of this Section 9(b)(iv) the Base Amount utilized for any initial calculation made hereunder shall continue to be utilized as the Base Amount for each subsequent application of this provision. 10. Eminent Domain. a. Owner's Right to Award. Nothing herein shall be construed to give any Owner of a Lot any interest in any award or payment made to any other Owner of a Lot in connection with any exercise of eminent domain or transfer in lieu thereof. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Shopping Center, the award attributable to the land and improvements of such portion so taken shall be payable only to the Owner(s) of affected Lot(s) and no claim thereon shall be made by any other party, solely except as set forth in 10(b) below. b. Collateral Claims. Any Owner(s) of a Lot(s) whose land is not taken may file collateral claims with the condemning authority for its losses which are separate and apart from the value of the land area and improvements taken from another Lot Owner. Any Owner(s) of a Lot(s) whose land is not taken may file collateral claims with the condemning authority for its losses which are separate and apart from the value of the land area and improvements taken from one or more Owner(s) of a Lot(s), it being understood that such claims shall not diminish or otherwise negatively affect the award payable to any Owner of an affected Lot. 10 1149/1703/Cantrell Falls ECRTWGv15 C. Tenant's Claim. Nothing in this Section 10 shall prevent a tenant from making a claim against an Owner pursuant to the provisions of any lease between tenant and Owner for all or a portion of any such award or payment, to the extent provided in such lease and applicable law. d. Re toration of Common -Area _ The Owner(s) of each portion of the Shopping Center condemned shall promptly repair and restore the remainder of the Shopping Center owned by such party as nearly as practicable to the condition of saute immediately prior to such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other Owner. 11. Rights and Obligations of lenders. If by virtue of any right or obligation set forth herein a lien shall be placed upon the tract of any party hereto, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such tract. Except as set forth in the preceding sentence, however, any holder of a first lien on the Shopping Center, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Declaration. 12. Release from Liabili . Any person acquiring fee or leasehold title to the Shopping Center or any portion of the Shopping Center shall be bound by this Declaration only as to the tract or portion of the tract acquired by such person. In addition, such person shall be bound by this Declaration only during the period such person is the fee or leasehold owner of such tract or portion of the tract, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions in this Declaration shall continue to be benefits and servitudes upon said tracts running with the land. 13. Rights of Successors. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. This Declaration shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 14. Non -Merger. No merger of rights shall occur because of aforesaid ownership, but instead the rights and easements granted herein shall benefit the present and future owners of the Shopping Center or a portion thereof as though there were not now, and never will be such common ownership and shall be appurtenant to and run with said land. 15. Duration. Unless otherwise canceled, terminated or extended, this Declaration and all the easements, rights and obligations hereof shall automatically terminate and be of no further force and effect after ninety-nine (99) years from the date hereof. 16. Headier. The headings within this Declaration are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 17. Counte arts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. 11 1149/1703/Cantrell_Falls_ECRTWGv 15 18. Entire Agreement. This Declaration constitutes the entire agreement between all present and future Owner(s) of a Lot(s) in the Shopping Center, unless amended in the manner required by this Declaration. 19. Amendment. Except as expressly provided otherwise herein, this Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of three (3) of the four (4) Lots, of which: (i) Grantor (for so long as Grantor owns a Lot), and (ii) the Owner of Lot 1, must both be consenting Owners. If more than one person or entity is the Owner of a Lot, such Owners shall agree among themselves and designate in writing to the Owners of each of the other Lots a single person who is entitled to cast the vote for that Lot. If the owners of any such Lot cannot agree who shall be entitled to cast the single vote of that Lot, or if the Owners fail to designate the single person who is entitled to cast the vote for that Lot within thirty (30) days after receipt of request for same from any Owner, then that Lot shall not be counted as a "negative" vote for any change or modification of this Declaration. Grantor, FRP and all future Owners are aware of and disagree with the result in the decision of Rausch Coleman Homes, LLC v. Brech, 2009 Ark. App. 225 (Ark. App. 2009) and desire that this Declaration be governed by Act 185 of 2011 (Ark. Code Ann. § 18-12-103), resulting in this Section 19 having absolute priority and control over any future amendments to this Declaration, notwithstanding the duration of this Declaration set forth in. Section 15 of this Declaration. IN WITNESS WHEREOF, the undersigned has executed this Declaration the day and year first written above. 14910 CANTRELL, LLC, an Arkansas limited liability+ company By , Stev�Hocke mith, Manager FRP CANTRELL FALLS, LLC, an Arkansas limited liability company By: 'Ph Investments, LC, Manager By: Title: 12 11 49/1703/Can trel I_Fa I Is_ECRT W G v 15 STATE OF ARKANSAS ) ) ss: ACKNOWLEDGMENT 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, the within named Steve Hockersmith, Manager of 14910 CANTRELL, LLC, an Arkansas limited liability company, and stated that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this /J day of March, 2013. j NotaryPubli 6/0 Momm� ion expires: .-Pa � 0.-1 I Mary Virginia Colvert Notary Public Saline County, Arkansas Commission # 12393952 S 09-2 -2021 ss: ACKNOWLEDGMENT 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, the within named Dominic Flis, Manager of Flis Investments, LLC, an Arkansas limited liability company and the Manager of FRP CANTRELL FALLS, LLC, an Arkansas limited liability company, and stated that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IBC IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of March, 2013. — Notary P is co issir exp� e (SEA) Mary Virginia CoNert Notary Publie Saline County, Arkansas Commission 012383952 M Com�ni9sion Ex irea W22-20$4 13 1 149/17an se EXHIBIT A (Page 1 of 5) EXHIBIT A CONTINUED (Page 4 of 5) Legal Description for Supplemental Access Easement (Not in limitation of other easements on others pages of Exhibit A): A 60 foot access and utility easement for egress, ingress, and utility service lying within the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as: Commencing at a found 5/8" rebar along the North Line of Section 19, South 87 degrees 50 minute 52 seconds East 253.88 feet to a found 1/2" pipe; thence leaving said North Line South O1 degrees 35 minutes 33 seconds West 499.17 feet to a point on the North Right-of-way line of Arkansas Highway 10 (Cantrell Road); thence along said Right-of-way South 68 degrees 56 minutes 19 seconds East 180.36 feet to the point of beginning; thence 30 feet either side of the following described line: Leaving said North Right-of-way line North 18 degrees 49 minutes 02 seconds East 36.18 feet; thence along a 13.2566 degree curve to the left 99.49 feet, having a chord bearing and distance of North 11 degrees 43 minutes 52 seconds 99.24 feet; thence along a 8.6420 degree curve to the right 99.83 feet, having a chord bearing and distance of North 08 degrees 46 minutes 17 seconds East 99.74 feet; thence along an 11.0027 degree curve to the left 99.66 feet, having a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 176.39 feet to the point of termination. EXHIBIT A CONTINUED (Page 5 of 5) IFF .wVRK/1�3r.I�i'JiwdJ�� .H. H .. .i t ♦ x '�SYA CP] :+iaavr \\\lam\H . (� r�� . •NN� y Holloway / / O__ EXHIBIT B-1 (Legal Description) Lot 1: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North Line of the said Northeast Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to a found %z inch pipe; thence leaving said North line South 01 degrees 35 minutes 33 seconds West for 432.74 feet to a point being the point of beginning; thence South 88 degrees 24 minutes 27 seconds East 61.00 feet; thence North 01 degrees 32 minutes 58 seconds East 115.26 feet; thence North 63 degrees 23 minutes 44 seconds East 64.67 feet; thence South 89 degrees 34 minutes 31 seconds East 58.28 feet; thence South 60 degrees 25 minutes 03 seconds East 51.14 feet; thence South 00 degrees 25 minutes 29 seconds West 122.85 feet; thence South 88 degrees 27 minutes 00 seconds East 50.39 feet; thence along a 8.2679 degree curve to the left for 20.92 feet having a chord bearing and distance of South 05 degrees 30 minutes 35 seconds West for 20.92 feet; thence along a 14.2454 degree curve to the right for 99.49 feet having a chord bearing and distance of South 11 degrees 43 minutes 52 seconds West for 99.24 feet; thence South 18 degrees 49 minutes 02 seconds West 36.18 feet to a point on the North right-of-way of Arkansas Highway 10 (Cantrell Road); thence continuing along said right-of-way North 68 degrees 56 minutes 19 seconds West 259.45 feet; thence leaving said right-of-way North 01 degrees 35 minutes 33 seconds East 66.43 feet to the point of beginning containing 1.192 acres more or less. EXHIBIT B-2 (Legal Description) Lot 2: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at a found 5/8" rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter of said Section 19; thence along the North line of the said Northwest Quarter South 87 degrees 50 minutes 52 seconds East for 253.88 feet to the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet; thence South 88 degrees 46 minutes 07 seconds East for 12.73 feet; thence leaving said North line South 01 degrees 15 minutes 47 seconds West for 261.22 feet; thence along an 11.0027 degree curve to the right 99.66 feet having a chord bearing and distance of South 07 degrees 04 minutes 51 seconds West 99.48 feet; thence along 8.6420 degree curve to the left 78.90 feet, having a chord bearing and distance of South 09 degrees 38 minutes 11 seconds West 78.86 feet; thence North 88 degrees 27 minutes 00 seconds West 50.39 feet; thence North 00 degrees 25 minutes 29 seconds East 122.85 feet; thence North 60 degrees 25 minutes 03 seconds West 51.14 feet; thence North 89 degrees 34 minutes 31 seconds West 58.28 feet; thence South 63 degrees 23 minutes 44 seconds West 64.67 feet; thence South 01 degrees 32 minutes 58 seconds West 115.26 feet; thence North 88 degrees 24 minutes 27 seconds West 61.00 feet; thence North 01 degrees 35 minutes 33 seconds East 432.75 feet to the point of beginning containing 2.399 acres more or less. EXHIBIT B-3 (Legal Description) Lot 3: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northeast Corner of Lot 1-R, Cantrell Falls filed for record Instrument No. 2008055893 records of Pulaski County, along a curve to the right 78.90 feet having a radius of 693.00 feet and a chord bearing and distance of North 09 degrees 38 minutes 11 seconds East 78.86 feet; thence along a curve to the left 99.66 feet having a radius of 490.75 feet and a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet to the point of beginning; thence North 01 degrees 15 minutes 47 seconds East 226.98 feet; thence South 88 degrees 46 minutes 07 seconds East 285.00 feet; thence South 01 degrees 18 minutes 36 seconds West 226.98 feet; thence North 88 degrees 46 minutes 07 seconds West 284.81 feet to the point of beginning containing 1.485 acres more or less. EXHIBIT B-4 (Legal Description) Lot 4: Lands lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the Northeast Corner of Lot 1-R, Cantrell Falls filed for record Instrument No. 2008055893 records of Pulaski County, which is also the point of beginning; thence along a curve to the right 78.90 feet having a radius of 693.00 feet and a chord bearing and distance of North 09 degrees 38 minutes 11 seconds East 78.86 feet; thence along a curve to the left 99.66 feet having a radius of 490.75 feet and a chord bearing and distance of North 07 degrees 04 minutes 51 seconds East 99.48 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet; thence North 01 degrees 15 minutes 47 seconds East 34.24 feet; thence South 88 degrees 46 minutes 07 seconds East 284.81 feet; thence South 01 degrees 18 minutes 36 seconds West 77.28 feet; thence South 01 degrees 33 minutes 00 seconds West 345.11 feet to a point which is also on the north right of way of Cantrell Road (Arkansas State Highway 10); thence North 89 degrees 54 minutes 40 seconds West 113.56 feet; thence North 78 degrees 42 minutes 47 seconds West 101.60 feet; thence North 69 degrees 34 minutes 59 seconds West 87.61 feet; thence North 68 degrees 56 minutes 19 seconds West 41.18 feet; thence leaving said right of way line North 18 degrees 49 minutes 02 seconds East 36.18 feet; thence along a 14.2454 degree curve to the right 99.49 feet and having a radius of 402.21 feet and a chord bearing and distance of North 11 degrees 43 minutes 52 seconds East 99.24 feet; thence along a curve to the right 20.92 feet having a radius of 693.00 feet and a chord bearing and distance of North 05 degrees 30 minutes 35 seconds East 20.92 feet to the point of beginning containing 2.862 acres more or less. EXHIBIT B-5 (Legal Description —Shopping Center) Land lying in the Northeast Quarter of the Northwest Quarter of Section 19, Township 2 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: Commencing at the found 5/8 inch rebar at the Northwest Corner of the said Northeast Quarter of the Northwest Quarter, Section 19; thence along the North line of the said Northeast Quarter South 87 degrees 50 minutes 52 degrees East for 253.88 feet to a found 1/2 inch pipe being the point of beginning; thence South 89 degrees 34 minutes 31 seconds East for 280.60 feet to a found 1 inch rebar; thence South 88 degrees 46 minutes 07 seconds East for 297.73 feet to a found 5/8" rebar; thence leaving the said North line South 61 degrees 18 minutes 36 seconds West for 304.26 feet to a found 3/8" rebar; thence South 01 degrees 33 minutes 00 seconds West for 345.11 feet to a found nail which is also a point on the North Right -of -Way of Arkansas Highway 10 (Cantrell Road); thence continuing along said Right -of -Way North 89 degrees 54 minutes 47 seconds West for 113.56 feet to a found nail; thence North 78 degrees 42 minutes 39 seconds West for 101.60 feet to a found 5/8 inch rebar; thence North 69 degrees 34 minutes 59 seconds West for 87.61 feet to a foundl/2 inch rebar; thence North 68 degrees 56 minutes 19 seconds West for 300.63 feet to a found 1/2 inch rebar; thence leaving said Right -of - Way North 01 degrees 35 minutes 33 seconds East for 499.17 feet to the point of beginning containing 7.9371 acres more or less. EXHIBIT C (Maintenance Pro-Rata Percentages) Lot 1: 15.02 % Lot 2: 30.23 % Lot 3: 18.71 % Lot 4: 36.06 % Exhibit D Sign Drawing CenterPoint. biir9Y August 251", 2014 Mark Redder Holloway Engineering 200 Casey Drive Maumelle, Arkansas 72113 RE: Lot 3 Cantrell Falls Final Plat Dear Mr. Redder, We have received and reviewed the plans in regards to the construction near Cantrell Falls Drive in West Little Rock (Exhibit A). CenterPoint Energy has no objection to said construction. If you have any questions, please do not hesitate to contact me. Regards, Nick Timberlake Engineer I CenterPoint Energy (501) 377-4930 nicklas.timberlake@centerpointenergy.com Brandi Ar s From: Mark Redder <mark@holloway-eng.com> Sent: Monday, August 11, 2014 8:23 AM To: 'Brandi Arps' Subject: FW: Final Plat Lot 3 Cantrell Falls Addition -----Original Message ----- From: Daniel Tull [maiito:Daniel.Tull@carkw.com] Sent: Wednesday, August 06, 2014 4:05 PM To: Mark Redder (mark@holloway-eng.com) Subject: FW: Final Plat Lot 3 Cantrell Falls Addition Perfect without the easement for water. CAW approved Thank You Central Arkansas Water Daniel Tull, Engineering Technician daniel.tull@carkw.com 501-377-1245 -----Original Message ----- From: Daniel Tull Sent: Wednesday, July 23, 2014 10:57 AM To: Mark Redder Subject: Re: Final Plat Lot 3 Cantrell Falls Addition Perfect without the easement for water. CAW approved Sent from my iPhone > On Jul 23, 2014, at 10:52 AM, "Mark Redder" <mark@holloway-eng.com> wrote: > Good, revised attached > From: Daniel Tull [mailto:Daniel.Tull@carkw.com] > Sent: Wednesday, July 23, 2014 9:41 AM > To: Mark Redder > Subject: RE: Final Plat Lot 3 Cantrell Falls Addition > See attachment for question > Thank You > Central Arkansas Water > Daniel Tull, Engineering Technician > daniel.tull@carkw.com<mailto:daniel.tull@carkw.com> > 501-377-1245 > From: Mark Redder [mailto:mark@holloway-eng.comj > Sent: Wednesday, July 23, 2014 8:33 AM > To: jim.boyd@Irwu.com<mailto:jim.boyd@lrwu.com>; Daniel Tull; joni.bates@centerpointenergy.com<mailto:joni.bates@centerpointenergy.com>; 'THOMPSON, THEODIS';'GURLEY, JOHN CURTIS' > Cc: 'James, Donna; skhock@swbell.net<maiIto: skhock@swbel1.net>;'Eric Holloway'; 'Brandi Arps'; 'Florian!, Vince'; ncharles@LITTLEROCK.ORG<mailto:ncharles@LITTLEROCK.ORG> > Subject: Final Plat Lot 3 Cantrell Falls Addition > All, > Please find attached Final Plat for this lot within the Cantrell Falls Addition. > This will be All About Tire & Brake. > Please indicate your approval of this plat by replying to all on this email. > Thanks, Mark > Mark Redder > VP Civil Design > Holloway Engineering > 200 Casey Drive > Maumelle, Arkansas 72113 > 1-501-851-3366 Office > 1-501-851-3368 Fax > 1-501-765-0099 Cell > <F1nalPlat2014-027.pdf> z XY '1WS flt=14-4& ppV ua Rov.411i4WwJ'-2 HOd W-4-0 r low Iru13 �1�3 �+el�t..+ t.a H3f :Au E.D is lag v 3 en 114 oil Ila F Wq S 3 aK n �ii '9i2iC l •fiflle �; � � � j�j°xi 9='pli� 3 15 ii1� a 94 e� Yy _ W 6 R 0 � U Cd a a N y U •b or, t~ o,'30r�0j Op�.d Q) a g v brandi@holloway-eng.com From: Mark Redder <mark@holloway-eng.com> Sent: Tuesday, September 2, 2014 1:04 PM To: 'Brandi Arps' Subject: FW: Cantrell Falls Lot 3 Final Plat From: VANCE, BRAD C [mailto:BVANCEI@entergy.com] Sent: Tuesday, September 02, 2014 2:01 PM To: Mark Redder Subject: RE: Cantrell Falls Lot 3 Final Plat Mark, Please accept this email as Entergy's approval of this plat. Thanks, Brad From: Mark Redder [mailta:mark@holloway-en�:com] Sent: Tuesday, September 02, 2014 8:56 AM To: VANCE, BRAD C Subject: Cantrell Falls Lot 3 Final Plat EXTERNAL SENDER. DO NOT click links if sender is unknown. DO NOT provide your user ID or password. Brad, Could you guys sign off on this subdivision? It has been a long time since we asked. Thanks, Mark Mark Redder VP Civil Design Holloway Engineering 200 Casey Drive Maumelle, Arkansas 72113 1-501-851-3366 Office 1-501-851-3368 Fax 1-501-765-0099 Cell 1 brandi@holloway-eng.com From: Mark Redder <mark@holloway-eng,com> Sent: Wednesday, September 3, 2014 8:33 AM To: 'Brandi Arps' Subject: FW: From: MANION, JOSEPH E [mailto:jm4138@att.com] Sent: Wednesday, September 03, 2014 9:21 AM To: GURLEY, JOHN CURTIS Cc: mark@holloway-eng.com Subject: RE: Mark, We approve. Thank you, i//f Y4 I f'faflOR' AT&T MGR. OSP Encgr/Dsg 501-373-8892 From: GURLEY, JOHN CURTIS Sent: Wednesday, August 27, 2014 3:12 PM To: MANION, JOSEPH E Cc: mark@holloway-ena.com Subject: Joseph, This looks like it is in Pinnacle. I sent this to Allison back on the 23"'............ July 23. Can you take a look at this? John Gurley ATT MGR OSP Engineering Little Rock, AR 501-373-3303 James, Donna From: Mark Redder <mark@holloway-eng.com> Sent: Wednesday, July 23, 2014 11:46 AM To: James, Donna Subject: FW: Final Plat Lot 3 Cantrell Falls Addition -----Original Message ----- From: Daniel Tull [mailto:Daniel.Tull@carkw.com] Sent: Wednesday, July 23, 201410:57 AM To: Mark Redder Subject: Re: Final Plat Lot 3 Cantrell Falls Addition Perfect without the easement for water. CAW approved Sent from my iPhone > On Jul 23, 2014, at 10:52 AM, "Mark Redder" <mark@hollowav-eng.com> wrote: > Good, revised attached > From: Daniel Tull [mailto:Daniel.Tull carkw.com] > Sent: Wednesday, July 23, 2014 9:41 AM > To: Mark Redder > Subject: RE: Final Plat Lot 3 Cantrell Falls Addition > See attachment for question > Thank You > Central Arkansas Water > Daniel Tull, Engineering Technician > daniel.tull@carkw.com<mailto:daniel.tull@carkw.com> > 501-377-1245 > From: Mark Redder [mailto:mark@holloway-eng.com] > Sent: Wednesday, July 23, 2014 8:33 AM > To: jim.bovd@lrwu.com<mailto:iim.boyd@lrwu.corn>; Daniel Tull; ioni.bates center ointener .com<mailto:'oni.bates center ointener .cam>; 'THOMPSON, THEODIS'; 'GURLEY, JOHN CURTIS' > Cc: 'James, Donna; skhock swbell.net<mailto:skhock@swbell.net>;'Eric Holloway'; 'Brandi Arps'; 'Floriani, Vince'; ncharies LITTLEROCK.ORG<mailto:ncharles LIiTLEROCK.ORG> > Subject: Final Plat Lot 3 Cantrell Falls Addition > All, > Please find attached Final Plat for this lot within the Cantrell Falls Addition. 1 > This will be All About Tire & Brake. > Please indicate your approval of this plat by replying to all on this email. > Thanks, Mark > Mark Redder > VP Civil Design > Holloway Engineering > 200 Casey Drive > Maumelle, Arkansas 72113 > 1-501-851-3366 Office > 1-501-851-3368 Fax > 1-501-765-0099 Cell > <FinalPlat2014-027.pdf> James, Donna From: Mark Redder <mark@holloway-eng.com> Sent: Wednesday, July 23, 2014 8:33 AM To: jim.boyd@lrwu.com; daniel.tull@carkw.com; joni.bates@centerpointenergy.com; 'THOMPSON, THEODIS'; 'GURLEY, JOHN CURTIS' Cc: James, Donna; skhock@swbell.net; 'Eric Holloway'; 'Brandi Arps'; Floriani, Vince; Charles, Nathan Subject: Final Plat Lot 3 Cantrell Falls Addition Attachments: FinalPlat2014-027.pdf All, Please find attached Final Plat for this lot within the Cantrell Falls Addition. This will be All About Tire & Brake. Please indicate your approval of this plat by replying to all on this email. Thanks, Mark Mark Redder VP Civil Design Holloway Engineering 200 Casey Drive Maumelle, Arkansas 72113 1-501-851-3366 Office 1-501-851-3368 Fax 1-501-765-0099 Cell 1 mI0I6tt-74 I I Ivn...:ara�a ?J V ')%u n� movind rraziczic :aacv ') o' i Prw P r4o PK m uomppy u9 nw-A 1p4uvo'E W 1 Hae :vaa.ay. ix wu IB+Id :sr .w:.r.aa i.v uar :na s.v o�o Y 6667 n is ��S 3 R 6 29 : 3; I �5 33 yppylI�2 S�F� �QE i �2 wila EL L{•:'� Lp3Fi E 5C 3- !S8 5 IC M'99 � 82y": 3s11= J_ 1 t a.a:e�iw I I I I I 11 1 Y III xr i! w i a Itl � I I I Y � � •1 � 9l4RiQ L71yy{-Sgy�,lyj Pea o• o I I ,l I QRr I 7 C$gl III�� 6sY69 ii� - alla! iIWAl 7 - I�1n'�117+Indm9 0n1a81nbin�i aa1au :alaaa c� ��'•�J�'1--1•Yi Y102/EZ/L :a�oP hlxy apa{7 }n � a}x o� uo�ppy ua ylr.41wvtps,E HOtl Pa��aua P ww Isul=l .vl .�al.l2a� la Nar :ea e o E S5 -.888: JYY�FP i -�y 5�t 9� 'sig �QI 515 ;El 'Eli Pt 3 a aE a _ __—_._ I r--ti ! I I 1 I I ! ! l I I I I 9 s r 91 1 � I � I � r i I i .S !!! h € yy �7 7q jai MI �r ita fill 7�2i/Y01i 7 L• 12G1f{ZQ1f-T All f0 , TY* L WN l - CM,16 1 1 "ll, ME�kfalltnv lea,N,♦1Rap Si-a;f.p"p 111i1 II Jill! I' E l 0In a o �- Y� f _ rl r-r E g A i � '` cn .� CD Z. CD y rA .. o 0 a��1C rD C C Po n rn O I I I I ; 1 I I � I i I I I I II it w I I6 a! I 19 "I I I� I ly e p I I t I I I I ! L—J I I xol�f�ef •e _ _ I I I r i I 99 p I p€i I I s@s8 y P cF Ffff ' 14 MIR IT to If i q x � fiiYsg 3 gal � S e.a ov: JEH °ft '"x' FIMAI FlatvF clleckee: ROH I.At 3, Cantrell Rolle aete: l/zVzou en AL1L mon to the City of UtUo Rook. Fulaekl Cauny, AR .sflf: nuc.e For.14910Caantrall,Ll.G CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME: CANTRELL FALLS LOT 3 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 Date: ADDRESSING SPECIALIST REPORT I 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. I 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 inst-led. V6:'� • Traffic Engineer `)ate:ath J1 � pr3w C9KJ_C% 5 ZA4A&Wr CIVIL ENGINEER REPORT 1 have reviewed the fife for this matter and find that: PLZVA-r6 STre417767 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 I/II Date: 4; f 1 SURVEYOR REPORT I have reviewed the plat and find that: ) ` All requirements for final plat annroval have been satisfied. Z " ", ',- - - '- - — MANAGER APPROVAL Surveyor Date: S— All Civil Engineering requirements for filing this final plat have beeV — n sari Fe . �+ Date: Design Review Engineer/Civil Engineering Manager Effective: September 8, 2014 City of Little Rock Planning and Development Filing Fees Date 20. Annexation $ Board of Adjustment $ Cond Use Permit/T U P $ Final Plat $ c 4 2z, Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit $ Rezoning $ Site Plans $ Street Name Change Street Name Signs Number at ea Public Hearing Signs Number--at-ea. $ Total $_ 9 File No Location Applicant By