20-857RESOLUTION NO.20.857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE AUTHORIZING THE CITY MANAGER TO ACCEPT A
COMMUNITY BEAUTIFICATION EASEMENT IN CERTAIN
PROPERTY LOCATED WITHIN TRACT NO. 31392 IN THE CITY
OF MENIFEE, CALIFORNIA
WHEREAS, the Provide at Audie Murphy Ranch, a homeonwers association and
California corporation ("Association") is the owner of certain real property in the City of Menifee,
State of California, and within Tract No. 31392 (the "Tract"), which is a portion of the Audie Murphy
Ranch development; and
WHEREAS, the Tract is improved with streets and streetlights, which are owned by the
Association (the "lmprovements"); and
WHEREAS, the Tract is within the boundaries of City of Menifee Community Facilities
District No. 2012-1 (the "CFD"); and
WHEREAS, all properties within boundaries of the CFD are taxed to pay for various
services, including street sweeping and streetlight maintenance; those services are provided for
the purpose of maintaining the beauty, desirability, quality, and value of the overall Audie Murphy
Ranch Development, and all portions of the Audie Murphy Ranch Development benefit from each
portion being well-maintained; and
WHEREAS, the Association desires to grant to the City a non-exclusive easement over
the Association's property for the purpose of permitting the City, or its authorized agents and/or
representatives, to conduct street sweeping and streetlight maintenance of the !mprovements (the
"Easement"); and
WHEREAS, the grant of the Easement to the City will provide the means for the City to
effectively conduct the street sweeping and streetlight maintenance activities on the
lmprovements; and
WHEREAS, the City shall provide street sweeping and streetlight maintenance under the
Easement only if and to the extent there are available funds from the CFD to provide such
services, and shall have no obligation whatsoever to provide any such services from any other
funding source; and
WHEREAS, through the agreement effectuating the Easement ("Easement Agreement")
the Association has agreed to defend and indemnify the City and its representatives from any
liability, claim, or demand arising from or relating to the lmprovements and/or any act or event
occurring on or relating to or arising from the lmprovements, except and only to the extent any
such CIaim arises directly from the City's street sweeping or streetlight maintenance activities
pursuant hereto; and
WHEREAS, the City Council of the City of Menifee, at its January 15,2020 City Council
meeting, reviewed and approved the proposed Easement Agreement conveying; and
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WHEREAS, the City Council desires to delegate to the City Manager the authority to
accept the Easement, which is an interest in real property, and to execute and enter into the
Easement Agreement on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE AS FOLLOWS:
Section 1.Authorization to Citv Manaqer. The City Council of the City of lvlenifee hereby
delegates to the City Manager the authority to accept the Easement and to execute and enter into
the Easement Agreement on behalf of the City.
Section 2. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 1sth day of January, 2020.
ATTEST:APPROVED:
'1/)?h/
h a ri City Bil Ziw@, Mayor
APPROVED AS TO FORM:
ing,rney
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STATE OF CALIFORNIA
COUNTY OF RIVERS!DE
CITY OF MEN!FEE
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l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Resolution No. 20-857 was duly adopted by the City Council of the City of Menifee at a meeting
thereof held on the 15th day of January,2020 by the following vote:
Ayes: August, Sobek, Liesemeyer, ZtmmermanNoes: None
Absent: Deines
Abstain: None
Sa hA.Ma n , City Clerk
MEN I FEEr-i;
op.