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R 0693 . . /,,-, . WJML:EAW: ,iwC)/16/66 25c . 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: F l___ .~ . . /"'. 0 I j . I I (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. L____ -- -- . . ,-.. 0 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 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. 3. , , ~ 0 , 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, 4. .--- . r- 'J , 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. 5. 1__ . ,--- .') . -. i I 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. 6. . . .-', ) - , 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. ~~~ 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. CI ty CI . :.;':'.:'P".~"-.-" ,....,.- , .. - . ) . - 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. ~ :.. ......: 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. ----- - -_. ,.~--~....~._..- .-- ---- - _c_-"'------__ . ~ ') I, " \ ,,;,: :'i ;,,:,::,~;,,'. " >J':!i\+i" "',,tt 00< , jJ; i, 'I'! I" 'i .'~ ' ,. .' :':,(>\1';",:.:;'_' . , ~ :1t1' ~ J+f-1:~ -:i ;" r " -tll' t \ ".: :. :.,;;C"","": '.... !'~:, , i!I" ;;.1 ~' ',0. ,,: "''"''",;1:'.:);'" ,,~'r,j""':~'''j.,'w., "'I .' .' '.".",...". c."': ,.," '" ~- '." , 'I' . i;" :: " ::':"...; ':~~11!.: I~' :;' j, ~';." ~., ,), >' t, . 0; This is an affidavit executed by Mr. Browne.. ','" ...':n,;,0"1i . ,,:,; '\':1"~1;I;ti D. This resolution to undertake proceedings is self-explanatoZ7. ,,:.I,:." ';,,;,:;:' , ,y' '1',1,,)' , <J';'::'~I~,I'~' ,; ,,:,,"' ",' "", '..,.1 :: ::, <",',~!~I'." ',i'l:; !'~ - ~, 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 . :'):t!;i,';i!i~i~l#;i 'ii,,', JI'. This resolution does, in effect, approve the Petition 'J.".;;~:,'t!~kj~,f'i'!W:;:; .' ,.', , ' ,':. -,,' .,,"', ,":'-," :::';',:':'i,;,~',],~i~'j~ ;',~lHt::I;i;.,,; 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!,!~~," h 'd \ ..~I'" r, I' !j",~ for t e rea.ans outline therein. "i\ '.~'M"'i1)\ t ' . -\ , ,it ~ i, ~I';' !P~jti,l';f . a. This is a suggested Resolution granting the request in "G" above.: /.~\~~~!11 ' ,~:.. Nt 'Ii :t;j\'''' ,. , "..."'~ 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,"'\ !~,! '. :': '~(_:"":?~~~~li~;~ .. ,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;: .: . , .':g:j'j"1 '" I ,~ " 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~;;~~:, ' ")""","',,'''''! 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.: :j.\', '.;!i!'~i:ii~ ,', I '" ',,, - ":"; ,,(~;~?":::_., ;:~'n"',J';t n)i:lil~','1 ",' .. ~~-'~..~':.; --' -- --', ",' ",,;;\'>i;H.t::r'~-,'~t\,.~<: a '., "",,~'i", "i'1;~_,:.I<,,,.,l"''''''':__1 . ,'".-",_0" >--..-;i"""'._ '; f -- "-'" 'T' ,.",J,!~.trr~.-t;"i .' , ' ./':'y";~U,:~ij,r-i:tr~;~~~fH!! . Prea1d . ..' .'.'.""'."ti".'f " ',i ':',' ,'" '!.-:;''f;!t::~'.., ~"" i'! ' . South Oounty Recreation DevalOplaent oo..~.tnc~';;~iPi~::~~:;,lii ! . " . :".)!cfii:;,;;('('~~:iii' ' .,...........;~"I'W': !<.;,,,,:.ijit'ii"f<, 'i ;1 I '_ ;,__, ..-'1;:j;~'1:ii" ',~,,~. i~I.~;: '.".; ;'i,;v;,~~t'I.';nU' ..". . '.. . . . ''''''''''.1" ~l -2-,"k~@;~:~;I~{r" ) '''),''~.''''~t,~. .~ 'I ' "';':"'".H:'.,-:,:;\":~",;",,, ,'" ,_, I .~~.. . "','" '" ,J 'If I J' -, . - . _. 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; ; ~i ~": . , -3- ",.- -,._- ~"-. .....-. ,- - -- .~-_...._-------