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19-773RESOLUTION NO. 19-773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON FEBRUARY 20,2019 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FAC|LtTtES DtSTR|CT NO. 2015-2 (MATNTENANCE SERVICES) (ANNEXATTON NO.33) 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. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 20'15-2"), 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 February 20,2019, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2015-2 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 provtded in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on February 20,2019, 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 February 20, 2019, 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 BY THE CITY COUNCIL OF THE CITY OF MENIFEE: 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.Validitv 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 Date Adopted: February 20, 2019 Page 1 of 2 and part of the CFD No. 2015-2 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. 2015-2 as specified in Resolution No. 1 8-755 adopted by the City Council on December 1 9, 201 8. The boundaries of the annexed territory are shown on the map entitled, "Annexation Map No. 33 Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was recorded, on December 28, 2019, in Book 83 of Maps of Assessment and Community Facilities Districts at Page 39, in the office of the Riverside County Recorder. Section 6. Notice of Soecial 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. 201 5-2 including the annexed territory. Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the City Council of the City of t\/enifee at a regular meeting held on this 20th day of February 2019 by the following vote: ATTEST:APPROVED: -1) S h Manwar ity Clerk APPROVED AS TO FORM: Melching,AttorneyJ Bill Zimm a ayor Oate Adopted: February 20,2019 Page 2 ol2 EXHIBIT A CERTIFICATE OF ELECTION RESULTS CITY OF IVENIFEE coMMUNtTY FACtLtTtES DtSTRICT NO. 2015-2 (MATNTENANCE SERVTCES) ANNEXATION NO. 33 CERTIFICATE OF ELECTION RESULTS l, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: ln 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) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot on behalf of Cimarron Ridge, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated January 2,2019 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 2 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on February 20,2019. B (Attach completed copies of Waiver/Consent and Ballot) 5 ,r/ Sarah Manwaring City Clerk City of Menifee PETITION TO THE CITY COUNCIT OF THE CIIY OF MENIFEE REQUESTING ANNEXATION OF PROPERTY TO COMMUNITY FACITITIES DISTRICT NO, 2015-2 (MAINTENANCE SERVICES) AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNIIY FACILITIES ACT OF 1982 AND CONSENTING TO THE IEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACITITIES DISTRICI 1. THE UN0ERSTGNED OWNER requests that the City Council of the City ofMenifee, initiate and conduct proceedings pursuant to Article 3.5 (commencing with Government code section 53339) of the Mello-Roos community Facilities Act of 1gg2, as amended, being chapter 2.5 (commencing with section 53311) of part I of Division 2 of Title 5of the california Government code, for the annexation of the property described below to community Facilities Dlstrict No. 2015-2 (Maintenance services) of the city of Menifee, 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, services to be provided by community facilities district, services that are permitted under the Mello-Roos community Facilities Act of 1982 including, without limitation, all necessary service, operations, administration and maintenance required to keep the 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; maintenance and operation of storm drainage and floodprotection facilities, including, without limitation, drainage inlets, and retention basins. 2. The undersigned hereby certifies that as of the date indicated opposite their signatures, the landowner listed herein is the owner of all the property within theproposed boundaries of the property described in Exhibit A hereto and as shown on the map Exhibit B hereto. 3. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agree 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 of the city council 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 the creation of the community facilities district of the portion of the incorporated area of the City of Menifee into the community facilities district or the next available meeting. 4. The undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, Petition Form 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. 5. The undersigned expressly waives all notice requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the california Elections code, the california Government code or other laws or procedures, including but 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 irregularlty, 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 the creation of the community facilities district 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. 20_11. ,fA/.) day of //rt/r,qlt;< By: NAME: BRIAN SEITEL . RV SUPER CENTER TitIE: OWNER OWNER'5 PROPE RTY: TRACT MAP OR PARCEL MAP NO. oT PROJECT NO. RV SUPER CENTER TEMECULA, CA 92590 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS DAY OF 20 Deputy City Clerk of the City Council of the City of Menifee lN WITNESS WHEREOF, lhereunto set my hand this [NAME OF LANDOWNER] Petition Form OWNER,S MAILING ADDRESS: 27941 JEFFERSON AVENUE A notary public or other officer completing this certilicate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 a\^i6clr..ii?r6c,naj6d5aF(a6a:'yrF.r6a-:ra,6az5a--lr-<si'?,nr16y.ar1_Frc6a.aa,aia.ie.Fc2,|Y..r5.3(,25a@ State of Cali ta County of C.(-_)\i:-'.\rt-,On L\.,re me, lnsed Name and Title of the O of ne(s) who proved to me on the basis of saiisfactory evidence to be the person(E) whose namdlBl is/arc subscribed to the within instrument and acknowledged to me that heisxe^bcg; executed the iime i)his/.li{r/{rcir authorized capacity(i}el and that by his/.ftr/Iheir signature(s}on the instrument the person{B)" or the entity upon behalf of which the person(ilacted, executed the instrument. I cedify under PENALTY OF PEBJURY under the laws of th€ State of Calilornia that the foregoing paragraph is true and correct. WITNESS my h dofficial seal C Signature U Ll] OSCAR OONZALEZCtNu 2172?21!nr: ii putrl,c. c(!tio{llrr: .i;i oi C!-,,rt Signature of No blicu li! a:r,r, !rF llry 19 2020 Place Notary Seal Above OPTIONAL Though this section ls optional, completing this infarmation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attac Title or Type of Docu Document Date: mgnt r r1{'l,l rr->(\ F.rrrnhed Docu ment: Number of Pages: Signe(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name:Slgner's Name:! Corporate Officer - Title(s):! Corporate Officer - Title(s):!Padner- tr Limited E General! lndividual n Attorney in Fact E Trustee E Guardian or Conservator! Other: Signer ls Representing:Signer ls Representing: EPartner - ! Limited ! General! Individual D Attorney in Fact D Trustee E Guardian or Conservator E Other: O2015 National Notary Association . www.NationalNotary.org . 1-800-US NOTABY (1-800-876-6827) Item #5907 ) ) ) Date personally appeared rfl 4''- '1'<.\ Name & Ad dress of Property Owner:Assessor's Parcel Number(sl: Menifee Retail Center Attn: Mr. Brian Seitel 27941 Jefferson Avenue Temecula, CA 92590 331-120-066-0 ANNEXATION OF TERRITORY TO coMMUNtTy FACtLtTtES DtSTRtCT NO. 2015-2 (MATNTENANCE SERVTCES) ANNEXATION NO.33 AN "X' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT Certification for Special Election Ballot The undersigned is an authorized represenlative 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 foreqoino is true and correct and that this declaration Is executed on FfAUrlt/ l3 , ZOlt. Menifee Retail Center a Califomia limited liability company By: Brian Seitel its Owner By Owner SPECIAL TAX BALLOT MEASURE Shall the City Council of the City of Menifee be authorized to tevy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its lntention toAnnex Territory to Community Facilities District No. 2015-2 (Maintenance Services) adopted by the City Council on December 19, 2018 (the "Resolution"), which is incorporated herein by this reference, within the territory identifed on the map entifled "Annexation Map No. 33 of Community Facilities District No. 20112 (Maintenance Services) City of Menifee" to finance certain servicesas set forth in Section 4 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 20'15-2 (Maintenance Services) in lhe amount of special taxes collected? MARK "YES'OR'NO" WTH AN "X'': YES TO CAST THIS BALLOT. PLEASE RETURN THIS ENTIRE PACE. OFFICIAL SPECIAL TAX BALLOT Citv ol Menitee CitY Cterr FEB 1{ 2019 ReceiveC NO STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE Noes: NoneAbsent: NoneAbstain: None h Manwari Clerk ) )ss ) l, sarah Manwaring, city clerk of the city of Menifee, do hereby certify that the foregoing citycouncil Resolution No. 19-773 was duly adopted by the city council of the city of Menifee at a meeting thereof held on the 20th of February, 2019 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman MENIFeE -; o \sl 1