23-1292RESOLUTION NO. 23-1292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON MARCH
1, 2023 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
19), PLN 22-0199
WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has heretofore
conducted proceedings, pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), 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 (the "CFD No. 2017-1"), including conducting a
public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling
a special election for March 1, 2023, and submitting to the qualified electors of the territory proposed to
be annexed to the CFD No. 2017-1 the 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 March 1, 2023, 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 March 1, 2023,
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 that the City Council of the City of Menifee, California:
Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and
correct.
Section 2. Approval 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-thirds (%) of 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 qualified 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 and
part of the CFD No. 2017-1 with full legal effect, and the City Council is also authorized,
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. 23-1273 adopted by the City Council on January 18, 2023. The
1
Resolution Declaring Election Results Annex 19
boundaries of the annexed territory are shown on the map entitled, "Annexation Map No.
19 Community Facilities District No. 2017-1 (Maintenance Services)" a copy of which was
recorded, on January 24, 2023, in Book 90 of Maps of Assessment and Community
Facilities Districts at Page 46, 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 3117.5, within fifteen (15) days of the 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 of the
amended boundaries of the CFD No. 2017-1 including the annexed territory.
Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 1st day of March, 2023
---/, A -
Bill Zimmerm M or
Attest:
I
Kat Vin cting City Clerk
Approved as to form:
Jeff y T. Melching, Cit orney
EXHIBIT A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 19
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed -ballot election called by the City Council (the
"City Council") of the City of Menifee (the "City") on this same date in the proceedings of the City
Council for the above -entitled community facilities district, I personally received (a) signed and
dated waiver and consent forms and (b) signed, dated and marked election ballots on behalf of
the property owners, the entities named as the sole landowners of the lands within the boundary
of the above -entitled community facilities district in the Certificate Regarding Registered Voters
and Landowners, dated December 28, 2023 and on file in the office of the City Clerk of the City
in connection with the City Council actions on that date. Copies of the completed waiver and
consent form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast "Yes", in favor
of the ballot measure, the measure has therefore passed.
Qualified
Landowner Votes
Votes Cast
YES
NO
1 1
X
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on March 1, 2023.
Kay Vinson
Acting City Clerk
City of Menifee
By ;
(Attach completed copies of Waiver/Consent and Ballot)
PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING
ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE AND
A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER
THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE
COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES
DISTRICT
1. The undersigned requests that the City Council of the City of Menifee, initiate and
conduct proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act") (Government
Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1
(Maintenance Services) of the property described below and consents to the annual levy of special
taxes on such property to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any
services that are permitted under the Act including, but not limited to, all necessary service, operations,
administration and maintenance required to keep the landscape lighting, street lighting, traffic signals,
flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal,
sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant
facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its
signature, it is the owner of all the property within the proposed boundaries of the Community Facilities
District described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to
authorize the special taxes for the proposed annexation into Community Facilities District No. 2017-1.
The undersigned waives any requirement for the mailing of the ballot for the special election and expressly
agrees that said election may be conducted by mailed or hand -delivered ballot to be returned as quickly as
possible to the designated election official, being the office of the City Clerk and the undersigned
request that the results of said election be canvassed and reported to the City Council at the same
meeting of the City Council as the public hearing on annexing territory into Community Facilities District
No. 2017-1 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and
arguments relating to the special election, and consents to not having such materials provided to the
landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The
undersigned expressly waives all notice requirements relating to hearings and special elections (except for
published notices required by the Act), and whether such requirements are found in the California Elections
Code, the California Government Code or other laws or procedures, including but not limited to any notice
provided for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims
based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the
State and any and all laws and requirements incorporated therein, and no step or action in any proceeding
relative to annexing territory into Community Facilities District No. 2017-1 of the portion of the incorporated
area of the City of Menifee or the special election therein shall be invalidated or affected by
any such irregularity, error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this IoLday of , 20 ZS.
[NAME OF LANDOWNER]
By:
Name: Dawood Beshay
Title: Managing Member
1►►CLI01_aV&• : 0194fta
TRACT MAP OR PARCEL MAP NO,
or PROJECT NO. APN No. 360-020-029
OWNER'S MAILING ADDRESS:
DMSD Cajun Propoerties c/o Dawood Beshay
41760 Ivy Street, STE 201
Murrieta, CA 92562
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE
THIS AY OF 1_Etbr,ti�r 2023.
i
Y
& J I - ) I .- a
City Cle of thN C y Council of the
City of
INSERT EXHIBIT A: LEGAL DESCRIPTION
Ohdri Number: 0625-6104581
Page NUrnbet: 6
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
PARCEL 2 AND LOT "A" OF PARCEL MAP NO. 9578 AS PER PLAT RECORDED IN BOOK 48 OF PARCEL
I-IAPS, PA(3E(S) 19, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 360-020-029
INSERT EXHIBIT B: TRACTIPARCELISUBDIVISION MAP
N- W
vC.
FirstAmerican
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myFirstAm° Tax Map
26765 Newport Rd, Menifee, CA 92584
THS MAP WAS PREPARED FOR ASSESSMENT PURPOSES GNL^ VO LIAELLITY N 1/2 OF SEC 4 T 6S R 3W TRA 026-M 360-02
15 ASS UMEO FOR THE ACCURACY OF THE OATH SHCNN ASSESSOR S PARCEL
MAY NOT COMELY WITH LOCAL LOT SPL,T OR BUILDING SITE ORDINANCES CITY OF MEN FEE 02&053
M111 357-63
026-115
026 293
32 I 33 a
05 N NEWPORT Yw ROAD ^
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ASSESSOR'S MAP BK360 PG 02 r� .3. �� M::.- 70 PARCEL 110 22630 '�+aiM 11
Riverside Caunly Celif ..-H. W. h+a �' � Poe FN 11SI49.51 1g 4795•fi TRIGT N1PEa126T64 OK,4„ n
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Limitation of Liability for Informational Report
IMPORTANT — READ CAREFULLY:THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION
OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR
PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT
OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE
REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED
WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN
EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR
DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT
SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES
THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST
AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE
INFORMATION HEREIN.
Tax Map 26765 Newport Rd, Menifee, CA 92584 5/18/2020 Page 1 (of 1)
02005-2020 First American Financial Corporation and/or its affiliates All rights reserved.
Acknowledgment Regarding Property to be Included into Community Facilities District No. 2017-1
(Maintenance Services)
The developer/property owner of (Tract No. l Assessor's Parcel No.) APN:360-020-029
hereby acknowledges that:
If the landscaping, drainage, lighting and eligible public improvements within the Community
Facilities District No. 2017-1 (Maintenance Services) the maintenance areas of (Assessor's
Parcel Nos.) 360-020-029 , which is to be included in the Community Facilities
District No. 2017-1 (Maintenance Services) of the City of Menifee are completed prior to the
levy and collection of special taxes upon property within said tract for the maintenance of
such landscape and improvements, the developer/property owner will continue to be responsible
for and will maintain the landscaping, drainage, lighting, and eligible public improvements
within such maintenance areas at its sole expense, and the City will not assume
responsibility for the maintenance of such landscaping, drainage, lighting and eligible public
improvements until such time as the City is able to collect such special taxes to pay the costs of
the maintenance of such landscaping, drainage, lighting, and eligible public improvements.
DATED:
OWNER(S):
(Print Name)
(Signaturer-
(Title)
(Print Name)
(Signature)
(Title)
City iof Menifee
CITY OF MENIFEE Cty Clerk
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICE$)°
ONAIFXOTInki kin 1Q
(March 1, 2023)
HeceiVed
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 Number of Acres Owned Total Votes
DMSD Cajun Properties 0.96 1
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 for the 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 special 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 California. Please advise the Acting City Clerk, at (951)
672-6777 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 Acting City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 15, 2023, 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: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on March
1, 2023, 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 March 1, 2023.
Very truly yours,
Kay Vinson
Acting City Clerk
City of Menifee
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: I Assessor's Parcel Number(s):
DMSD Cajun Properties
Attn: Dawood Beshay
41760 Ivy Street, Suite 201
Murrieta, CA 92562
360-020-029
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT 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 C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on January 18,
2023 (the "Resolution"), which is incorporated herein by this
reference, within the territory identified on the map entitled
"Annexation Map No. 19 of Community Facilities District No. 2017-1
(Maintenance Services) City of Menifee" to finance certain services
as set forth in Section 5 to the Resolution (including incidental
expenses), and shall an appropriation limit be established for the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
Certification for Special Election Ballot
MARK "YES" OR "NO"
WITH AN "X":
YES x
NO
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 under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on February 28 , 2023.
Dawood Beshay
Managing Member
Signature
Dawood Beshay
Print Name
EXHIBIT "B"
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 19
(March 1, 2023)
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 Number of Acres Owned Total Votes
DMSD Cajun Properties 0.96 1
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 for the 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 special 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 California. Please advise the Acting City Clerk, at (951)
672-6777 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 Acting City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 15 2023, 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: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on March
1, 2023, 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 March 1, 2023.
Very truly yours,
Kay Vinson
Acting City Clerk
City of Menifee
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Propertv Owner:
DMSD Cajun Properties
Attn: Dawood Beshay
41760 Ivy Street, Suite 201
Murrieta, CA 92562
Assessor's Parcel Number(s
360-020-029
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT 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 C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on January 18,
2023 (the "Resolution"), which is incorporated herein by this
reference, within the territory identified on the map entitled
"Annexation Map No. 19 of Community Facilities District No. 2017-1
(Maintenance Services) City of Menifee" to finance certain services
as set forth in Section 5 to the Resolution (including incidental
expenses), and shall an appropriation limit be established for the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
Certification for Special Election Ballot
MARK "YES" OR "NO"
WITH AN "X":
YES
NO
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 under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on 20 .
Dawood Beshay
Managing Member
Signature
Print Name
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kay Vinson, Acting City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 23-1292 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 1st Day of March 2023 by the following vote:
Ayes:
Deines, Estrada, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
Kay Vi_so� cting City Clerk