R 0693
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RESOLUTION NO. 693
A RESOLUTION OF INTENTION TO ACQUIRE AND
CONSTRUCT IMPROVEMENTS
ARROYO GRANDE COUNTRY CLUB ESTATES
TRACT NO. 349
RESOLVED, by the City Council of the City of Arroyo Grande,
California, that it does hereby determine and order as follows:
1. That the public interest and convenience require and
it is the intention of this Council to acquire or construct the
following described public improvements at the locations hereafter
described.
2. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersec-
tions of the public ways referred to are included to the extent that
work shall be shown on the plans to be done therein.
3. Said streets and highways and easements are generally
shown on the Tentative Map of Tract No, 349, Arroyo Grande Golf and
Country Club Estates, on file in the Office of the City Clerk, and
shall be fully shown on the final map of said Tract to be accepted
and approved by this Council and recorded in the Office of the County
Recorder of San Luis Obispo County, California.
4. The descriptions of the acquisitions and improvements and
the routes and termini of the work contained in this Resolution are
general in nature. All items of work do not necessarily extend for
the full length of or at all places in the descriptions thereof. The
plans and profiles of the work and maps and descriptions, to be con-
tained in the Engineer's report, shall be controlling as to the correct
and detailed descriptions thereof.
5. The public improvements proposed to be acquired or con-
structed and locations thereof are as follows:
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(a) The improving of Indian Wells Drive, Country Club
Drive, Burning Tree Road, Oak Cliff Way, Thunderbird Drive,
Tam OIShanter Circle, Colonial Way, Oakmont Way, Oakmont Circle,
Pebble Beach Place, Merced Place, Greensboro Place, Country Club
Place, Oak Cliff Place, Lakeside Place, Acorn Place, Augusta Place,
Colonial Place, Doral Drive, Pinehurst Drive and Tamarisk Road, for
their full length as shown on the map of Tract No. 349, together with
the westerly extension of Country Club Drive to the Service Road on
the east side of U. S. Highway 101, by clearing and grading including
th~ removal of all obstructions, and the construction therein of
select material base and asphalt concrete pavement, Portland cement
concrete curbs and gutters on either side excepting for one side of
Country Club Drive which will be an asphalt concrete berm from
Frontage Road easterly about 1400 ft, Portland cement concrete side-
walks on either side of Oakmont Way between Indian Wells Drive and
Country Club Drive.
(b) The construction of storm pipe drains in easements and
adjacent streets with catch basins where shown on the plans, viz,
across streets about opposite or between Lots 7 and 11, 74 and 75,
87 and 88, 98 and 99, 100 and 101, 141 and 142, 162 and 163, 181 and
182, 185 and 186, 205 and 206, 227 and 228, 230 and 231, 334, 335,
336 and 337, and on the west side of Indian Wells Drive from Burning
Tree Road about 320 ft south.
(c) The construction of a lined storm water drain ditch
in the easements, with pipe and catch basin in streets where shown
in the plans, viz, between Lots 7 and 8, 11 and 12, 242 and 243, 244
and 257, 262 and 263, 270 and 271, 281 and 282, and in 322, 323 and
324, in an easement commencing at the northeast corner of Lot 101,
thence along the north line of Lots 100 and 99 and thence northeasterly
to Lot 145 and thence continuing along lot lines to the northeast line
of Lot 148.
(d) The construction of a pedestrian underpass and drain-
age structure across Indian Wells Drive about 320 ft south of Burning
Tree Road.
(e) The construction of an earth berm and asghalt concrete
lined ditch along the east side of Lots 57, 58, 59 and 6, with a
fill to drain opposite Lot 159.
(f) The construction of an earth berm and the planting of
grass thereon for an erosion control, and a lined ditch in an ease-
ment from the east side of Oakmont Way along the south line of Lots
138 through 145.
(g) The construction of an earth berm in an easement along
the south line of Lots 128 through 134, 324, 328, and 329 and the
east line of Lots 350 through 352, with the planting of grass for
erosion control.
(h) The construction of an earth berm and an asphalt lined
drainage ditch along the east line of Tamarisk Road.
(i) The installation of vitrified clay pipe and/or asphalt
cement pipe sanitary sewer mains, together with standard manholes,
with wye branches and house laterals opposite each lot, 1n said
streets, and in easements adjacent to Lots 1 through 11, 12, 26, 27,
30, 31, 27 through 30, 62 through 64, 72, 73, 77 through 84 87, 88,
92, 93, 142, 143, 148, 149 through 163, 202 through 222, 224 through
236, 242 through 261, 263 through 268, 271 throu~h 275, 277, 279
through 287, 329 through 331, 336 through 343, 3 4, 349, 350, 352
2.
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through 358, between Lots 94 and 148, 99 and 142, 223 and a pump
station north of Lot 280 and thence to Lots 279 and 280, from said
pump station west along the north district boundary to Lot 359 and
thence southwest to Lot 344, southeasterly and parallel to Country
Club Drive from Lot 1 southwesterly to the district line, thence
westerly along the south line of Country Club Drive to the service
road east of U. S. Highway 101, thence northerly in the service road
to a force main north of the Schlagel residence, and in Bristo Road
from the service road east to the service road west of said Highway,
thence southerly about 350 ft and westerly about 1650 ft to an exist-
ing 10" sewer in Halcyon Road at Grand Avenue; a force main in the
service road east of said Highway from north of the Schlagel residence
northerly to a pump station site west of Lot 368, and a force main
from the south corner of Lot 345 generally northerly to and along
the easterly line of Lot 359 to the north district line and easterly
to a pump station site north of Lot 280; together with the acquisi-
tion of a pump station site in each of said two locations and the
construction therein of a sewage pump station.
(j) The installation of asbestos cement water pipe mains,
with fire hydrants, valves and fittings, and standard house services
with stop valves opposite each lot, in said streets and in Country
Club Drive west to the service road east of U. S. Highway 101, thence
north to Brisco Road and thence west to an existing water main in the
service road west of said highway and from a point in the service road
west of said Highway at 1700 ft north of Brisco Road, thence east to
the east service road and north therein to Indian Wells Drive;
together with a booster pump station complete north of Country Club
Drive and east of the school property, south of Lots 25 and 26, and
north of Tamarisk Road, together with a pipe line, thence northwest-
erly to a water tank site and the construction thereon of a 100,000
gallon water storage tank or the acquisition of a 100,000 gallon
capacity in a tank to be constructed by the City.
(k) The installation in said streets and in connecting
easements of gas mains, valves and fittings.
(1) The installation in said streets and in connecting
easements of concrete foundations and pull boxes for power electricity
poles.
(m) The construction of trenches and back fill for tele-
phone and television cable in easements in lots in said subdivision
and in connecting easements.
(n) The making of all acquisitions, the performance of
all work, and the providing of all facilities auxiliary to any of
the foregoing and necessary or useful in completing same.
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6. All of said work and improvements are to be constructed
at the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations as
shown and delineated upon the plans, profiles and specifications to
be made therefor and filed with the City Clerk.
7. In the performance of said work, it may become necessary
to reduce or enlarge the extent of said work or to relocate portions
thereof, or to provide drainage facilities where none are provided or
to eliminate or relocate such where provided, in order for said work
to be provided as a completed whole and in a good and workmanlike
manner. The right and power is reserved so to do to the extent deem-
ed necessary or advisable.
8. The grades for said work are the grades and elevations
to be shown on said plans, profiles and specifications and are hereby
adopted and established as the grades and elevations to which said
work shall be done. Said Council does hereby adopt and establish as
the official grades for said work the grades and elevations to be
shown upon said plans, profiles and specifications. All such grades
and elevations are to be in feet and decimals thereof with reference
to the datum plane of the City of Arroyo Grande.
9. Notice is hereby given of the fact that in many cases
said work and improvement will bring the finished work to a grade
different from that formerly existing, and that to said extent said
grades are hereby changed and that said work will be done to said
changed grades.
10. There is to be excepted from the work herein described
any of such work already done to line and grade and marked excepted
or shown not to be done on said plans, profiles and specifications.
11. The right is reserved to this Council to enter into
agreements with such regulated public utility companies as the City
is in their service area, providing gas, electric and telephone
services, which will provide, among other things, for supplying by
such utilities of plans and specifications for the proposed systems,
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the performance of the work of installation by such utilities, for
the o~mership of said facilities upon their completion by said utili-
ties and for providing service to the properties in the area of the
assessment district by said utilities in accordance with the rates,
rules and regulations now or hereafter established by the California
Public Utility Commission, and that said agreements shall be effective
after proceedings have been taken for the levy of assessments and the
sale of bonds and funds are available to carry out their terms.
12. The right is reserved to this Council to take proceed-
ings pursuant to appropriate laws for the vesting or transfer of
title to and the ownership, maintenance, operation and control of all
utilities by appropriate public agencies or public utility companies
as determined by you.
13. Said proposed acquisitions and improvements, in the
opinion of this Council, are of more than local or ordinary benefit
and this Council does hereby make the costs and expenses thereof
chargeable upon an assessment district which district is hereby
declared to be the district benefited thereby, the exterior boundary
of which is the coterminous exterior boundary of the composite and
consolidated area consisting of all of the lots as shown on the
Tentative Map of Tract No. 349, Arroyo Grande Golf and Country Club
Estates, a copy of which is on file with the City Clerk.
14. Notice is hereby given that serial bonds to represent
unpaid assessments and bear interest at the rate of not to exceed
six per cent (6%) per annum will be issued hereunder in the manner
provided in Part 5 of Division 7 of the Streets and Highways Code,
the Improvement Act of 1911, the last installment of which shall
mature not to exceed 14 years from the second day of January next
succeeding the next September 1 following their date. Said bonds
will be payable to bearer and provide a premium of five per cent (5%)
of the unmatured principal thereon in the event of call. The City
elects that the first penalty on said bonds shall be retained by the
City Treasurer and shall be charged as a cost of servicing the delin-
quency.
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15. Except as herein otherwise provided for the issuance of
bonds, all of said improvements shall be done pursuant to the provi-
sions of Division 12 of the Streets and Highways Code, the Municipal
Improvement Act of 1913.
16. Reference is hereby made to proceedings had pursuant to
Division 4 of the Streets and Highways Code, the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, on file
in the office of the City Clerk.
17. Said proposed acquisitions and improvements are hereby
referred to Jennings-Hansen Engineering, Ventura, California, the
Engineer of Work, being a competent person employed by said Council
for that purpose; and said Engineer is hereby directed to make and
file with the City Clerk of said City a report in writing presenting
the following as to the work to be done pursuant to subdivisions (a)
through (n) of section 5 hereof:
(a) Maps and descriptions of the lands and easements
to be acquired;
(b) Plans and specifications of the proposed improve-
ments to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total
estimated costs and expenses of said acquisitions and improvements
and of the incidental expenses in connection therewith;
(d) Diagram showing the assessment district above
referred to, and also the boundaries and dimensions of the respective
subdivisions of land within said district as the same existed at the
time of the passage of this Resolution of Intention, each of which
subdivisions shall be given a separate number upon said diagram; and
(e) A proposed assessment of the total amount of the
costs and expenses of the proposed acquisitions and improvements upon
the several subdivisions of land in said district in proportion to
the estimated benefits to be received by such subdivisions, respective-
ly, from said acquisitions and improvements, and of the expenses
incidental thereto.
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18. If any excess shall be realized from the assessment, it shall be used,
in such amounts as the Council may determine, in accordance with the provisions
of law for one or more of the following purposes:
(a) Transfer to the general fund of the City, provided that the
amount of any such transfer shall not exceed the lesser of $1000 or 5% of the
total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental assess-
ment; or
(c) For the maintenance of the improvements.
On motion by Councilman McNeil, seconded by Councilwoman Thompson, and
by the following rolJ caJI vote, to-wit:
AYES: Counciiwoman Thompson, Councilmen Levine, McNeil and Mayor Wood.
NOES: None
ABSENT: Counc i I man Burt
the foregoing Resolution was adopted this 4th day of April, 1966.
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Mayor
ATTEST'~.4~#~
City C fk
I, .POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of Ca1ifornia do hereby certify that the foregoing Resolution
No. 693 is a true, full and correct copy of said resolution passed and adopted by
the City Council of the City of Arroyo Grande at a regular adjourned meeting of
said Council on the 4th day of April, 1966.
WITNESS my hand and the sea I of the City of Arroyo Grande <Iff I xed th is
5th day of Apri I, 1966.
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SOUTH COUNTY RECREATIOrT DEVELOPJ.!ENT CO., !NC.
1015 Grand Ave.
Arroyo Grande,. California 9;420 .
, April 1, 1966
To: Mr. Addison B. Wood, Mayor
Mr. George A. Burt, City CotL~oil
Mrs. Jane R. ThOlrtpson, City Council
Mr. Baird ~!c.."!eil, City Council
M~. Kenneth R. Levine, Oity Oouncil
Mr. Thomas M. Butch, Oity Adminiatrator
Mr. J. E. Anderson, Jr., Director of Public Works
}!rs. Polly Miller, Oit.y Clerk
Mr. Gerald W. Shipsey, Oity Attorney
Mr. Ernest Wilson, Attorney
Golf Course Subdivision Tract No. ~
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......: The purpose of this letter is to submit for your approval and obtain from
the Oity Council executed resolutions in order that we may complete bonding
arrangements and obtain approval of: the Real Estate Commissioner in the form
of a first Public Notice.
,
In order to shorten this letter, each of the documents is identified by
a pencil letter (such as A, B, C etc.) on the bottom of the firat page of each
one instead of using tha antire title, which would raquire muoh spaoe.
We ara handing each of you one ccpy each of 9 documenta, "A" through "K"
(the letter "I" is omitted as it is sometimes mistaken for the number "ona")
except item "J". Item "J" is a copy of the Option Agreement between ourselves
and Mr. Browne and is being sent only to Mr. Shipaey for his perusal and so
that he can assure you that such a document exists, in fact. We ask that
Mr. Shipsey return this Option Agreemsnt to Mr. Browne after he has read it.
It is not to. become part of the records of this transaction, since it is a
priva.te matter.
We are handing Mrs. Polly Miller, City Clerk, the copies to be executed
together with additional copies for the use of' the City. We vill indicate,
as we refer to these vario"" papers, how many are to be signed and the requested
distribution of such signed copies. Taking the i tams in alphs.betical order
we will comment briefly on each:
A. This is the basic Petition fran us to the City which outlines the
actio~ to be taken by both parties and indicates that the City agrees
to permit financing of the subdivision portion of the development
utilizing the machinery of' the 1911 and 191' Acts. We might point
out that the "work to be done" description in ps.ragraph 2 is not
required. Howcver, it is Mr. IUlson's f'eeling that even though it
lengthens the P$tition, it makes the document more complete. In
previous correspondence we have assured the City that we will advance
fUnds for all reimbursable expenses incurred by the City.
B. This Certificate, exeGuted by Miehs!)l Woodyard, is self-explanatory.
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0; This is an affidavit executed by Mr. Browne.. ','" ...':n,;,0"1i
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D. This resolution to undertake proceedings is self-explanatoZ7. ,,:.I,:." ';,,;,:;:' ,
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E. This resolution is likewise self-explanatoZ7. By it the OitYOO\!l14~~:i".c
appoints Jennings-Hansen Engineering Co. as Engineer of Work and ;,'!pi!'!;I, i~ ,
appoints the law firm of Wilson, Jones, Morton and LynChto.1>~I'~~~ifl~L:iii ',c' ,'.
all legal services required. :':'i"'<':11~)ii.,iki'.:';1 .
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JI'. This resolution does, in effect, approve the Petition 'J.".;;~:,'t!~kj~,f'i'!W:;:;
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G. This 18 a letter addressed to the Ci~YCouncll by B. S. Crossmanu;.i1"t~j.1'iki;.
our behalf requesting waiver of postJ.ng performance .or S11rety Bondit," :~:tl!,!~~,"
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for t e rea.ans outline therein. "i\ '.~'M"'i1)\ t '
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a. This is a suggested Resolution granting the request in "G" above.: /.~\~~~!11
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J. This ,"s the Option Agreement between Mr. Browne anc! our.elvea, which. :':;::; ':f'; j ,I
is being loaned to Mr. Shipsey, as indicatedearUer. . ~,.i,"'\ !~,!
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.. ,K-;' This is the engineers' estimate of construction cOsts of the on andj;.;::~~~$~I.
off site improvements (no golf course work. except to the extent that ."'.":"~;;'l
the golf course area will largely absorb normal and .tom water ":'r.;!!::,..
drainage). To the total of the Engineers' oost estimate.of $l,lB9,815.~.':,~';r'!:,
must be added an additional amount of $181,800 to cover salling'and'Y!I~t!!~flji;iJ
" promotion costs, City Treasurer's collection fees, interest costa duril1g,ji~~q.!!!;
, construction, attorney's fees and costs accrued to date. Incidsntall3'.b,i"""Ji'f'
the Engineers I cost estimate appears conservative when compared with . ;~!I,i~,~,:,
I, two other estimatee which we have obtained. There appears to be no., ",;~!, Ij~fj
pos.ibility that the project will be under-financed. . .";~;l,~iI;: .:
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The enclosed papers carry the name, "Arroyo Grande OountZ7 Olub E.tate....'~~,i~i':.;,~...,':.;,
This name was arbitrarily selected in filing for a Tract number before the.,. .<j.1'J'1~W1lf. ,I
stockholders hac! an oPportunity to select a name. This has sinoe been done al1(hk"~>1~~i!.~n!.
: " the oorrect 2l8IIIe is now "Rancho LaBelle". steps have been taken to correct the ..~,./::t,~il;
County Records, of which the City will receive copies. , . . ,: fr'.!!!::'"
", .":t"f ':'r!,
The bonding w111 apply to the on and off site improvements alone. '1'I1e}'C,'~irii~!\!ii~11)1,i
golf course will be financed by the profits from the sale of the lots. RoweYer.1;1t,tt~'1i
the two parts must be considered as one integrated project. One portion ceJmOt",~'";1r[.i;{\!:
exist without the other for a number of reasons. The Real Estate Oomm1se1onar:i'!2,:'~'k!
requires that both portione be integrated; the bonding comp~ (Taylor and"O~.. 'irf;:i';'!;!~i'
Los Angeles) won't bond the improvements without the golf'oours'1I b.ingi'i:aW:}J"~.~1
\ , guaranteed, and the Option Agreement spells out that the land is .De.ing sOl~;;,"h';'.j,~;f;~8! '.
onl:v: for the purpose of developing a golf course and SubdiVi.i~'.:':::i'U:;::;Y~;;~~:,
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We are sorZ7 that these papers could .not be paCkaged!h'tOlders, but,;i},dY{:1~i~!I~! I
legal length folders are not available locally. ' ":'i::;i;:'iiij~,t.:
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' . South Oounty Recreation DevalOplaent oo..~.tnc~';;~iPi~::~~:;,lii
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P.S. To Mrs. Polly Miller, Oity Olerk:
When the' four resolutions are executed, please send one signed copy.
each to Mr. E. A. Wilson, of Wilson, Jones, Morton and Lynch, 6;50 N. San
Drive, San Mateo, Oalif., and Mr. Kenneth Oraig, 1015 Grand
Grande, Oalif." and to Albert A. Browne, P.O. Box 190, Ar,royo
Also, as Oity Olerk, please sign one each of the certificates,
and mail them to the sarna people as above. Please certify the
the Resolutions. Thank you. .x
Kenneth Craig
South Oount Recreaticn Developllle11l;
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