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20-948DocuSiqn Envelope lD: A5ECF6CF-1DgC-45A1'8CDE-CFF7F572S1Sg RESOLUTTON NO. 20-948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON AUGUST 5, 2O2O AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIESorsTRtcT No. 2017-1 (MATNTENANCE SERVTCES) (ANNEXATTON NO. 5), TTM 36852 WHEREAS, the City Council ( "City Council") of the City of Menifee ("City") has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 ( "Acl"), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( "CFD No. 2017-1"), including conducting a public hearing pursuant to the Acti and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for August 5, 2020, and submitting to the qualified electors of the territory proposed to be annexed to CFD No. 2017-1 lhe question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on Augusl5,2020, and the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk - in either case, the "Clerk") has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated August 5, 2020, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as "Yes" votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE: Section 1. Recitals. The City Council finds and determines that lhe foregoing recitals are true and conect. Section 2. Aporoval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk's Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results. Section 3 Ballot Measure. The City Council hereby finds, determines, and declares that more than two{hirds (%) ol all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualifled electors in accordance with the Act. Section 4.Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act. Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to I DocuSign Envelope lD: A5ECF6CF-1D9C-45A1-8CDE-CFF7F5729199 and part of CFD No. 2017-1 with full legal effect, and the City Council is also authonzed, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 20-893 adopted by the City Council on May 20, 2020. The boundaries of the annexed territory are shown on the map entitled, "Annexation Map No.5 Community Facilities District No. 2017-1 (Maintenance Services)" a copy of which was recorded, on May 28, 2020, in Book 85 of ltlaps of Assessmenl and Community Facilities Districts at Page 30, in the office of the Riverside County Recorder. Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 31 17.5, within fifteen (15) days ofthe adoption of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map ofthe amended boundaries of the CFD No. 2017-1 including the annexed territory. Section 7.Effective Date. This Resolution shall take efiect immediatel y upon its adoption PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 5th day of August 2020. ATTEST:APPROVED: SoroJt fi. lttunu anwaflng,City Clerk APPROVED AS TO FORM: merman,iilayor J l,afu),;^a ching, City Attorney 2 Docusign Envelope lD: AsECF6CF-1D9C{5A1-8CDE-CFF7F5729'199 EXHIBIT A CERTIFICATE ELECTION RESULTS CITY OF MENIFEE COUNTY OF RIVERSIOE, STATE OF CALIFORNIA coMMUNtTY FACTLTT|ES D|STR|CT NO. 2017-1 (iiA|NTENANCE SERVTCES) ANNEXATION NO.5 (July 15, 2020) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) ('CFD No. 2017-1|") of the City of Menifee. Name of Landowner Strata Holland, LLC Number of Acres Owned 20.00 20 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "Council") of the City of Menifee (the "City"), the above-named landowner is entitled to cast the number of votes shown above under the heading "Total Votes," representing the total votes forthe property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the specaal tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1 , City of Menifee, County of Riverside, State of Califomia. Ptease advise the City Cterk , at (951) 672-O777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax, To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery:lf by mail, place ballot in the retum envelope provided, and mail no later than Julv 1. 2020, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery:lf in person, deliver to the City Clerk at any time up to 5:00 p.m. on July 15,2020, at the Clerk's office at 29844 Haun Road, City of Menifee, CA 92586. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 15, 2020 Very truly yours, h Man Clerk City of Menifee Total Votes DocuSign Envelope lD: ASECF6CF-1DgC{5A1-BCDE-CFF7F5729199 EXHIBIT B SPECIAL ELECTION BALLOT 4 Namo & Addro$ ot Property Owner:Assessor's Parcel Number(s): Strata Holland, LLG Attn: Eric Flodine 4370 La Jolla Village Dr., Suite 960 San Diego, CA 92122 37 2-O40-O43. 37 2-040-04 4 TO CAST THIS BALLOT. PLEASE RErURN THIS ENTIRE PAGE, OFFICIAL SPECIAL TAX BALLOT CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ooMMUNTTY FACtLtTtES OtSTRtCT NO. 2017-1 (MATNTENANCE SERVTCES) AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX LOT MEASURE Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit B to the Resolution Declarang its lntention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on May 20, 2020 (the 'Resolution"), which is incorporated herein by this reference, wilhin the tenitory identmed on the map entitled "Annexation Map No, 5 of Community Facilities Diskicl No. 2017-1 (Maintenance Services) City of Menifee" to finance certain services as set forth in Section 5 to the Resolution (including incidentat expenses), and shall an appropriation limit be established for the Community Facilities District No.2017-1 (Maintenance Services) in the amount of al taxes collected? Certification for Soecial Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury und€r the laws of the true and correct, and that this declaration is executed on State of California that the foregoing is )une 30 ,2020 Strata Holland, LLC a Delaware limited liability company Signature David Michan MARK'YES'OR'NO' WITH AN'X': YES x Print Name NO Docusign Envelope lD: A5ECF6CF-1D9C-45A1-8CDE CFF7F5729199 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 20-948 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the srh day of August 2020 by the following vote: Ayes: August, Oeines, Sobek, Liesemeyer, Zimmerman Noes: None Absent: None Abstain: None SS ) ) ) SoroJ, l. luauuu,ru4 5 nwaring, City Clerk \# ?+^lIEtr: