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R 0692 L_: (' WJMT..EAW, ,103/16/66 ~~ 25c RESOLUTION NO. 692 A RESOLUTION APPOINTING ENGINEERS AND ATTORNEYS ARROYO GRANDE COUNTRY CLUB ESTATES TRACT NO. 349 RESOLVED, by the City Council of the City of Arroyo Grande, California, that WHEREAS, this Council has determined to undertake proceed- ings pursuant to appropriate special assessment and assessment bond acts for the acquisition and construction and financing of public improvements in said City; and WHEREAS, the public interest and general welfare will be served by appointing and employing engineers and attorneys for the preparation and conduct of said proceedings and work in connection with said acquisitions and improvements; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That Jennings-Hansen Engineering, Ventura, California, be appointed and employed as Engineer of Work to do and perform all engineering work necessary in and for said proceedings, includipg all preliminary surveying, preparation of plans, profiles, specifi- cations, estimate of costs, diagram, assessment, setting grade stakes, supervision of work, inspection and acceptance of the work, and for preparing, signing and filing the diagram and assessment and the list of unpaid assessments, and that its compensation therefor be fixed at the reasonable value to be paid upon successive certificates to be approved by South County Recreation Development Co., Inc. 2. That to the extent required by this Council, said work be done under the direction and to the satisfaction of the City Superintendent of Public Works. 3. That the bond law firm of Wilson, Jones, Morton & Lynch, San Mateo, California, be appointed and employed to do and perform all legal services required in the conduct of said proceedings, includ- ing preparation of all papers not required to be prepared by the 2 , ------------ ------ ! . . f" ."- "-;""''''' <"~-''''''''''........ -, ...... ,.,.... ,,", ~ ~ .~ r- . J . WJML:EAW: jw 3/16/66 25c . CERTIFICATE UNDER SECTIONS 2804 AND 2804.2 OF THE STREETS AND HIGHWAYS CODE THAT PETITION IS SUFFICIENT TRACT NO. 349 ARROYO GRANDE COUNTRY CWB ESTATES SAN WIS OBISPO COUNTY, CALIFORNIA I, MICHAEL A. WOODYARD, hereby certify that I am a member of the engineering firm of Jennings-Hansen Engineering, Ventura, California, the Engineer of Work referred to in the accompanying petition for public improvements in Arroyo Grande Country Club Estates, Tract No. 349, Arroyo Grande, San Luis Obispo County, Cali- fornia, and that I am acquainted with the facts stated therein. That I have computed the areas represented by the petition filed with the Clerk of the City Council of the City of Arroyo Grande; that said petition is signed by all of the owners of more than 60% in area of the property subject to assessment for said proposed improvements who appear to be such on the Assessor's roll on the day that said petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor1s office which the County Assessor will use to prepare the next ensuing Assessor's roll; provided, that where the person signing said petition appears on said roll as the owner of property as joint tenant or tenant in common, or as husband and wife, said property was counted as if all such persons had duly signed; and that said petition is sufficient. Da ted : March 1.9 ' 1966. ~.. Pn" :J)~ ~- !3 ----...--- .-. -_.".-- . -~"-_._-,._._,,_.~----_._-- --------~ . /"' . .. . WJML:EAW:O 3/28/66 20c - . . PETITION FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESS- MENT BOND ACTS, AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE ARROYO GRANDE COUNTRY CLUB ESTATES TRACT NO. 349 To the Honorable City Council of the City of Arroyo Grande Arroyo Grande, California . Gentlemen: The undersigned respectfully petition your Honorable Body, and show, as follows: 1. That South County Recreation Development Co., Inc., a California corporation, a majority of the organizers of which are local residents, and created for the purposes herein provided, herein called "Optionee", is the owner and holder of an option to purchase the subdivided and unsubdivided lands shown on the Tentative Map of Tract No. 349, Arroyo Grande Golf and Country Club Estates, which tentative map has been approved by the Planning Commission and your Council, which lands include all of the lands therein proposed to be subdivided and also all of the lands abutting thereon and shown on said map as proposed to be developed as an 18-hole golf course with club house facilities, and proposes as follows: (a) To exercise said option and take title to the propos- ed subdivided and unsubdivided lands shown on said tentative map, in accordance with the option agreement; (b) To cause a final engineering report to be made for these proceedings, which shall include maps and descriptions of lands and easements to be acquired, plans and specifications for I public improvements, a detailed estimate of costs, a diagram of I the assessment district which shall show each parcel of land to be assessed, and an assessment apportioning the costs of said proposed public improvements among the several lots to be assessed; A J ---------------- --- ~--------- -.-. -~----_. . ,-. .. , 0 (c) To make negotiations for and cause a bid to be pre- sented to you by a reputable stock and bond brokerage house or houses, for the purchase of the bonds to be issued upon the unpaid assessments; (d) To cause all of the several lots shown on said tenta- tive map to be offered for sale and sold for cash, subject to the lien of the assessments proposed to be levied for the costs and expenses of the public improvements proposed to be undertaken pursuant to this Petition, or free and clear of the lien thereof in which event said assessment will be paid in cash from the proceeds of said sale; (e) To cause said golf course and club house facilities to be constructed from the cash proceeds of the sale of said lots; and (f) That each and all of subparagraphs (a) through (e) are so interrelated, one to the other, and so conditioned, one upon the other, that no part of the whole or any thereof may be consum- mated unless the performance of all of them as a whole is assured. To this end, the market price of the proposed lots will be predicat- I ed upon their abutting on a golf course fairway or being in a golf I I course development, the bonds will be sold at prices which will be conditioned by the purchasers upon said lots abutting on a golf course fairway or in a golf course development, and said golf course development cannot be developed without said bonds and lots being so sold. Therefore, the project proposed herein will be conducted in progressive steps as rapidly as possible, each stage being con- ditioned upon the assured consummation of another. 2. Said acquisitions and improvements are generally described and located as follows: 2. ~._- - ----------- . ,.--. .. . 'J (a) The improving of Indian Wells Drive, Country Club Drive, Burning Tree Road, Oak Cliff Way, Thunderbird Drive, Tam O.Shanter 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 I the removal of all obstructions, and the construction therein of I select material base and asphalt concrete pavement, Portland cement I I 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 1634 181 and 182, 185 and 186, 205 and 206, 227 and 228, 230 and 231, 33 , 335, 336 and 337, and on the west side of Indian Wells Drive from Burning , I Tree Road about 320 ft south. I I I (c) The construction of a lined storm water drain ditch I 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 i 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, I 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 as~alt concrete I lined ditch along the east side of Lots 57, 58, 59 and ,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) 1~e installation of vitrified clay pipe and/or asphalt cement pipe sanitary sewer mains, together with standard manholes, I with wye branches and house laterals opposite each lot, in said I streets, and in easements adjacent to Lots 1 through 11, 12, 26, ~, 30, 31, 27 through 30, 62 through 64, 72, 73, 77 through 84 87, 8 , 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 3. I , , --~ ,...-. . 8 I I . 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 Schlegel residence, and in Brisco 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 Avenuej a force main in the service road east of said Highway from north of the Schlegel 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 280j 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 Drivej 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. 4. -..-. ---- , ,-- 0 . 3. That you undertake proceedings pursuant to the Municipal Improvement Act of 1913 for financing the costs of the acquisitions and improvements hereinafter described, and assess the costs thereof and of the expenses incidental thereto upon a district within the City 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. 4. That you enter into agreements with such regulated public utility companies in whose service area you are located, pro- viding gas, electric and telephone services, which will provide, among other things, for supplying by such utilities of plans and specifica- tions for the proposed systems, the performance of the work of instal- lation by such utilities, for the ownership of said facilities upon their completion by said utilities 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 avail- able to carry out their terms. 5. That you take proceedings 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. 6. That bonds be issued.upon the unpaid assessments pursu- ant to the Improvement Act of 1911, payable in about fifteen (15) years, with interest at six per cent (6%) per annum, with a premium of five per cent (5%) of the unmatured principal in the event of call and redemption prior to their fixed dates of maturity. 7. That the taking of proceedings under Division 4 of the Streets and Highways Code in regard thereto is hereby waived. 5. u ~ -.----- ---~.- .~..--, , /'" , .') , . 8. That Jennings-Hansen Engineering, Ventura, California, be appointed and employed as Engineer of Work to do and perform all engineering work necessary in and for said proceedings, including all preliminary surveying, preparation of plans, profiles, specifica tions, estimate of costs, diagram, assessment, setting grade stakes, super- vision of work, inspection and acceptance of the work, and for pre- paring, signing and filing the diagram and assessment and the list of unpaid assessments, and that its compensation therefor be fixed at the reasonable value to be paid upon successive certificates to be approved by Optionee. 9. That to the extent required by you, said work be done under the direction and to the satisfaction of your Superintendent of Public Works. 10. That the bond law firm of Wilson, Jones, Morton & ~nch, San Ma teo, California, be appointed and employed to do and perform all legal services required in the conduct of said proceedings, includ- ing preparation of all papers not required to be prepared by the Engineer of Work, examining and approving the engineering documents and advising the Engineer in the preparation of its work, advising all City officials on all matters relating thereto when called upon, and furnishing their legal opinion on the validity of said proceedings and bonds, and that their compensation be fixed at 2% of the cost of the project. 11. That said attorneys' and engineers' fees be authorized to be paid as an incidental expense of said proceedings, payable solely from the proceeds of said assessment or sale of assessment bonds. 12. That all fees, costs and expenses of the Superintendent of Public Works incurred in connection with said improvements and said proceedings be assessed and paid as an incidental expense of said proceedings. 13. That you are authorized to exercise your proper discre-. tion as vested in you pursuant to law, to make changes and modifica- 6. ------ .~ , r' . ') . tions in said work prior to or during the course of said proceedings and to conduct such supplemental assessment or reassessment proceed- ings as may be necessary to complete the financing of said improve- ments. 14. In order to expedite the proceedings, the following are waived: (a) The requirement of any act that the time fixed for any hearing shall be more than five (5) days from the day of setting; (b) The requirement of any act that any notice shall be given for a longer period than five (5) days, and when by publication, from the first publication thereof; (c) The requirement that any notice or resolution shall be published more than twice; (d) The requirement that the notice of improvement shall be posted or notice to property owners be mailed; (e) The requirement that the bonds be dated after the expiration of the cash payment period; (f) The requirement that notice of assessment or notice to pay assessment be given and the right to pay assessments in cash; and (g) Any and all irregularities, illegalities, errors or omissions which may arise during the court of conduct of said pro- ceedings or issuance of said bonds. 15. Optionee agrees as follows: (a) That it will advance to the construction fund for the project for the progressive payment of all fees, costs and expenses required to be paid prior to the time funds from the proceeds of bonds are available in the said proceedings, to be reimbursed upon the availability of the proceeds of sale of assessment bonds herein; (b) That it will pay for all costs of said improvements and expenses incidental thereto in excess of the proceeds of sale of assessment bonds; (c) That in the event of termination of these proceedings after they have been instituted, but prior to their completion, it 7. --------^- ----.-J . , '~.:) , , ~ , will reimburse you for any sums incurred or advanced by you up to said time for any costs of construction, inspection, acquisition, engineer- ing, legal or other services, printing, advertising and bond servicing, not available from the proceeds of the assessment and sale of assess- ment bonds; and I Cd) That in the event of the abandonment of these proceed- I ings or any insufficiency of funds thereunder, it will reimburse the I City for all amounts incurred in the proceedings for any costs of i acquisition, construction, inspection, engineering and legal services, I ! or for printing, advertising or otherwise, and also for any loss or I liability which may arise to the City by reason thereof. i Dated: March 29, 1966. i SOUTH COUNTY RECREATION DEVELOPMENT I CO., INC. ,. By ~ re, '" By J. ~c~ (Seal) Albert A. Browne and Ruby E. Browne, his wife, as owners of the property described in the foregoing petition, and Antone . Doko, and }JFi.J.. h, Doko, his wife, as beneficiaries under a deed of trust on said property, consent to the foregoing petition for all pur- poses required by Sections 2804 and 2804.2 of the Streets and Highways Code. This consent shall not be interpreted as constituting an assump- ! tion of any of the obligations set forth in Section 15 therein. I ~/l/:Y~ ~~" ! Albert A. Browne Antone . Doko ~&.. ~ lib/f. Pc p~,....t:O R y E. Browne ' , Doko 8. ~ ~ ,-. - ,:) . WJML:EAW:jw 3/31/66 23c AFFIDAVIT UNDER SECTION 2804.2 OF THE STREETS AND HIGHWAYS CODE I CONCERNING THE EXISTENCE OF MORTGAGES OR DEEDS OF TRUST ON . f PROPERTY PROPOSED TO BE ASSESSED I TRACT NO. 349 I I ARROYO GRANDE COUNTRY ClUB ESTATES I SAN LUIS OBISPO COUNTY, CALIFORNIA ! i ! STATE OF CALIFORNIA ~ i i ss. I San Luis Obispo County ) I I I i ALBERT A. BROWNE, being first duly sworn, deposes and says: . , I That he is a citizen of the United States and over the age I of 21 years and a resident of the City of Arroyo Grande, San Luis I Obispo County, California; That Albert A. Browne.and Ruby E. Browne, his wife, are I I all of the legal and beneficial owners of all of the property shown I on the Tentative Map of Tract No. 349, Arroyo Grande Golf and Country Club Estates; I , DF,",;'" .,+. , . Doko and Doko, his wife, , That Antone I are the beneficiaries under a deed of trust on said property; That South County Recreation Development Co., Inc., is a I California corporation, with its principal place of business in Arroyo Grande and the holder of an option for the purchase of all of the lands shown on said tentative map, not only proposed to be subdi- vided but also of the areas shown thereon proposed to be developed as a golf course and club house site; That said option and said deed of trust are the only claims and mortgages outstanding or proposed to be created against said property during the pendency of the proposed assessment proceedings for the development of the subdivision improvements pursuant to Sections 11611 et seq., of the Business and Professions Code, and Division 12 of the Streets and Highways Code, the Municipal Improve- ment Act of 1913. ~ t?/?~ Subscrib~ and sworn to before me this I .d Y of April , 1966. { Notar y of San Luis California (Seal) . KENNETH M. CRA.. NOTARY PUBLIC PRINCIPAL OFFICE IN , COUNTY OF SAN LUIS oelsPO CALIFORNIA MY ~QMMI"'QN EXPIRES SEPTEMBER 20, 100a C, -"-- -~----~- ------._._.._---~