20-9841
RESOLUTION NO. 20-984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO AMEND THE
SPECIAL TAX RATES FOR ANNEXATION NO. 5 INTO
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, AND
AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on
November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved
Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance
Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1")
for the purpose of levying special taxes on parcels of taxable property therein, which taxes would
be used to provide certain services necessary to meet increased demands placed upon the City
by development; and
WHEREAS, the City Council has received a written instrument to initiate and conduct
proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the
shortening of election time requirements, waiving of analysis and arguments, and waiving of all
notice requirements relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have
requested that the area described in Exhibit A be annexed territory into the boundaries of CFD
No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein
be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD
No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to
Article 3.5 of the Act for the annexation into the CFD No. 2017-1 of the territory described in
Exhibit A attached hereto. The City Council determines that the public convenience and necessity
require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community facilities district
is known as “Community Facilities District No. 2017-1 (Maintenance Services).”
Section 3. Description of Territory Included in Existing CFD No. 2017-1. The boundaries of
the territory currently included in the CFD No. 2017-1 are described and shown on that certain
map entitled "Proposed Boundary Map – Community Facilities District No. 2017-1 (Maintenance
Services) City of Menifee, County of Riverside, State of California", as recorded on November 7,
2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as
Document No. 2017-0465706 in the official records of the County of Riverside, as amended by
the following:
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Section 4. Description of Territory Annexed and Annexation Map. The territory proposed to
be annexed is included within the boundaries within which property may annex to CFD No. 2017-
1 and is more particularly described and shown on that certain map entitled “Boundaries –
Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of
the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017
in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as
Document No. 2017-0465707 in the official records of the County of Riverside. The territory
annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference
made a part hereof. Such territory is also shown and described on the map thereof entitled
"Annexation Map No. 5, Community Facilities District No. 2017-1 (Maintenance Services), City of
Menifee, County of Riverside, State of California," which is on file with the City Clerk (the
"Annexation Map") as recorded on May 20, 2020 in Book 85 of Maps of Assessment and
Community Facilities Districts, at Page 30, and as Document No. 2020-0226592 in the official
records of the County of Riverside and attached hereto as Exhibit D.
Section 5. Description of Authorized Services. The services proposed to be financed by the
territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those
services authorized to be financed by the existing territory in the CFD No. 2017-1 and are
described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative
Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of
the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in
order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be
financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No.
2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services will be provided within the territory
proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1
on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax
sufficient to pay the costs of the Services (including Administrative Expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be
levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and
method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City
Council does not propose to alter the special tax rate levied within the existing territory in the CFD
No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and
Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to
be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the City Clerk shall
file the original of the Annexation map in his or her office and shall file a copy of the Annexation
Map with the County Recorder of the County of Riverside no later than 15 days prior to the date
of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as
practicable, on Wednesday, January 20, 2021 in the City Council Chambers located at 29844
Haun Road, Menifee, California 92586, as the time and place when and where the City Council
will conduct a public hearing on the proposed annexation of the area depicted on the Annexation
Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
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Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to
be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit
F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The
publication of said notice shall be completed at least seven days prior to the date herein fixed for
said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, January 20, 2021, to
call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner
in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form
set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner
is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are
hereby authorized and directed to take all actions and do all things which they, or any of them,
may deem necessary or desirable to accomplish the purposes of this Resolution and not
inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED by the City Council of the City of Menifee on this 16th day of
December, 2020.
ATTEST: APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1”)
Annexation No. 5 is currently comprised of 2 parcels, located within the City boundaries. The property is
identified by the following Riverside County Assessor's Parcel Numbers (APN).
Assessor Parcel Number(s)
Owner
Name
372-040-043 Forestar Real Estate Group Inc.
372-040-044 Forestar Real Estate Group Inc.
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
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Community Facilities District No. 2017-1 (Maintenance Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance
(including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks,
parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of
public signage; graffiti removal from and maintenance and repair of public structures situated on parks,
parkways, streets, roads and open space; maintenance and repair of playground or recreation program
equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance
and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any
portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent
that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was
created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed,
as applicable.
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EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below)
in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined
below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an
amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of
CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real property
in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in
the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map,
or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable
Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by
the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of
computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any designee thereof
associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any
designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of City overhead and salaries and benefits of any City
employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses
related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimated or advanced
by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including
attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied,
and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in
which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by
the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
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construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Non‐Residential Property after
issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1
(Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in
the documents adopted by the City Council at the time the CFD was formed to be provided by the City
in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’
Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for
new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax
is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for
which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed
for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special
Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the
maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be
levied on such Assessor’s Parcel in such Fiscal Year.
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“Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon
which a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an
Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual
Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii)
Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same
for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special
Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped
Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units
have been constructed or are intended to be constructed or for which building permits have been or
may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including,
without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the
documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year
on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to
pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the
current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public
street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each
Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
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“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is
unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or
otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve
for the costs of Contingent Services as determined by the Administrator; less a credit for funds
available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the
Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed
into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final
Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of
Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐
Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. Once a single family attached or multi‐family building or buildings have been built on
an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units
contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel
in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by
the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A
as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
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Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable
Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed
Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal
Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on
that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the
Acreage of such Assessor's Parcel shall be allocated to each type of property based on the
amount of Acreage designated for each land use as determined by reference to the site plan
approved for such Assessor's Parcel. The Administrator's allocation to each type of property
shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each
Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and
method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone
annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal
Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax
Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property
for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to
maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the
Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails to
remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
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(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall
reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in
Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1
is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's
Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each
Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more
than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to
each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be
specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
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TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall
be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or
ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine
the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels
of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special
Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step
has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved
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Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two
steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of
Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and
for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable
Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the
Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied
for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B
(Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each
Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved
Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent)
for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services
to such properties. Based on this analysis, any properties to be annexed, pursuant to California
Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for
the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are
being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public
or utility easements making impractical their utilization for other than the purposes set forth in the
easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or
(iv) which are in use in the performance of a public function as determined by the Administrator.
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H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file
a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires
that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a
cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s
Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2017‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2021‐22. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2017‐1 Tax Zone 5.
TAX ZONE 5 (SERVICES)
TTM 36852
Item Description Estimated Cost
1 Landscaping $16,906
2 Lighting $6,097
3 Streets $11,293
4 Drainage $11,875
5 Parks $12,909
6 Graffiti $194
7 Reserves $3,596
8 Administration $3,099
Total $65,969
Special Tax B Contingent Services ‐ There are no maintenance services proposed to be funded by the
levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 5.
TAX ZONE 5
FY 2020‐21 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed RU $970 $0
Approved RU $970 $0
Undeveloped Acre $5,534 $0
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MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2021‐22 TTM 36852 68 SFR RU $970 $0
Forestar Real Estate
Group Inc.
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County
(1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever
is greater.
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Community Facilities District No. 2017‐1 (Maintenance Services)
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APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section
53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or
replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public
landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These
services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality
basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions
adjacent to the properties within CFD No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be
expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017‐1 only to the extent that
they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created
or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
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EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
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EXHIBIT E
PETITION
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EXHIBIT F
NOTICE OF PUBLIC HEARING
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NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) (ANNEXATION NO. 5)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on December 16, 2020 adopted
its Resolution No. 2020-__, in which it declared its intention to annex territory to existing Community
Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to
pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities
Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution
describes the territory to be annexed and describes the rate and method of apportionment of the proposed
special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as
practicable, Wednesday, January 20, 2021 in the City Council Chambers located at 29844 Haun Road,
Menifee, California 92586, as the time and place when and where the City Council will conduct a public
hearing on the annexation of territory to CFD No. 2017-1. At the hearing, the testimony of all interest
persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and
to the extent participation in the January 20, 2021 meeting must occur by teleconference, videoconference,
or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of
California, the means and methods for participating the meeting shall be posted on the Agenda for said
meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee
(www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy
of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2021 _________________________________________
City Clerk of the City of Menifee
PUB: ____________, 2021
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EXHIBIT G
BALLOT
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CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
(January 20, 2021)
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:
Number of Acres Owned Total Votes Name of Landowner
Forestar Real Estate Group Inc. 17.30 18
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 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 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
January 6, 2021, 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 City Clerk at any time up to 5:00 p.m. on January 20,
2021, 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 January 20, 2021.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property
Owner: Assessor’s Parcel Number(s):
Forestar Real Estate Group
Inc. Attn: Daniel C. Bartok
2280 Wardlow Circle, Ste. 100
Corona, CA 92878
372-040-043, 372-040-044
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 MARK “YES” OR “NO”
WITH AN “X”:
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 December
16, 2020 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 5 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?
YES _________
NO _________
Certification for Special 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 under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on ____________, 20__.
Forestar Real Estate Group Inc.
Daniel C. Bartok
Chief Executive Officer
Signature
Print Name
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Resolution No. 20-984 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 16th day of December 2020 by the following vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
_______________________________
Sarah A. Manwaring, City Clerk
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