23-1302RESOLUTION NO. 23-1302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION
HELD ON APRIL 5, 2023 AND ORDERING THE ANNEXATION OF TERRITORY
TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 18), TR 37131
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 April 5, 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 April 5, 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 April 5, 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. 23-1283 adopted by the City Council on February 15, 2023. The
Resolution Declaring Election Results Annex 18
boundaries of the annexed territory are shown on the map entitled, "Annexation Map No.
18 Community Facilities District No. 2017-1 (Maintenance Services)" a copy of which was
recorded, on February 22, 2023, in Book 90 of Maps of Assessment and Community
Facilities Districts at Page 57, 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 5th day of April, 2023
Attest:
Kay m on, Acting City Clerk
Approved as to form:
l
Je rey T. Melching, ity orney
2
V"
Bill Zim man, Mayor
EXHIBIT A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18
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 February 22, 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
80 80
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 April 5, 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 heaithy, 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 this3O day of Jan 20
AG EHC II (LEN) CA 1, LP.,
a Dclaevarc I'mitecl narUtcrs ih
By: —
Name: 9leven3 Benenn
Title. 0"any, Authorized Agenl of EHC II (LEN' ) CA 1, L.P. a DelewerellmlledIzona 'pailmmhlp M
OWNER'S PROPERTY: APN 364-190-004, 364-190-005
TRACT MAP OR PARCEL MAP NO.
orPROJECTNO, Tract No. 37131
OWNER'S MAILING ADDRESS:
Essential Housing Asset Management, LLC
8585 E. Hartford Drive, Suite 118
Scottsdale, AZ 85255
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE
THIS AY OF3onwort1, 202,
City CI rk of th City Council of the
City of ni ee
INSERT EXHIBIT A: LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows
PARCEL ONE: (APN: 364-190-004)
THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 1, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER OF SAID SECTION; THENCE N. 00 41' 39" E., 56.20 FEET
ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION TO THE POINT OF
BEGINNING; THENCE S. 891 34' 27" W., 945.32 FEET; THENCE S. 00 25' 33" E., 22.50 FEET;
THENCE S. 890 34' 27" W., 60.00 FEET; THENCE N. 01 25' 33" W., 60.00 FEET; THENCE N. 890 34'
27" E., 60.00 FEET; THENCE S. 0° 25' 33" E., 22.50 FEET; THENCE N. 890 34' 27" E., 946.11 FEET
TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S. 00 41' 39"
W., 15.00 FEET TO THE POINT OF BEGINNING.
PARCEL TWO: (APN: 364-190-005)
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6
SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER OF SAID SECTION; THENCE N. 00 41' 39" E., 56.20 FEET
ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION TO THE POINT OF
BEGINNING; THENCE S. 890 34' 27" W., 945.32 FEET; THENCE S. 00 25' 33" E., 22.50 FEET;
THENCE S. 890 34' 27" W., 60.00 FEET; THENCE N. 00 25' 33" W., 60.00 FEET; THENCE N. 890 34'
27" E., 60.00 FEET; THENCE S. 00 25' 33" E., 22.50 FEET; THENCE N. 890 34' 27" E., 946.11 FEET
TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S. 00 41' 39"
W., 15.00 FEET TO THE POINT OF BEGINNING.
INSERT EXHIBIT B: TRACTIPARCEUSUBDIVISION MAP
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Acknowledgment Regarding Property to be Included into Community Facilities District No. 2017-1
(Maintenance Services)
The developer/property owner of (Tract No. / Assessor's Parcel No.) Tract No., 37131
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.) 364-190-004, 364-190-005_, 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: 113-bL13_ OWNER(S):
AG EHC II (LEN) CA 1, LP,,
a Delaware limited partnership
Name: Steven S Benson
'1ta.,a� er o [SSQnhai hbobmq Asir htana em t M.
MP,
Arizon
unna�i�ebl ity company. AWhOnzee Agora o� eM O (LEN) �A 1, L.�
Title: a Delaware umnoa pv nerstup
EXHIBIT "B"
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18
(April 5, 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:
ame of Landowner
AG EHC II (LEN) CA 1, LP
Number of Acres Owned Total Votes
80.00 80
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 March
22, 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 April 5,
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 April 5, 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 Pro
Owner:
AG EHC II (LEN) CA 1, LP
Attn: Sepideh Bastani
980 Montecito Drive, Suite 302
Corona, CA 92879
Assessor's Parcel Numberl
364-190-004 and 364-190-005
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 February 15,
2023 (the "Resolution"), which is incorporated herein by this
reference, within the territory identified on the map entitled
"Annexation Map No. 18 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
me
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
Sepideh Bastani
Project Manager
Signature
Print Name
CITY or.
MENI EE
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. 23-1302 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 5th Day of April 2023 by the following vote:
Ayes:
Deines, Estrada, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
Kay Vi on, ting City Clerk