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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 0% . /a, k S jj } ! !_ ;- ■sto; ;§§=E: ■.,���:! „ :_;; --------- -QVOlt - | | | Oc k , _m_ & M o_ O O -iol ;mO 0 \ . � ! c ! e p A■ q \ ter■£ � ■y £ _i V SA § 0 a.� .|| fell LU g § ,� • \� � 'J o¥Ob 3 �N]W _ . - ` �� 0\ 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