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19-778RESOLUTTON NO. 19-778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON MARCH 20,2019 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DtsTRtcT NO. 2015-2 (MATNTENANCE SERVTCES) (ANNEXATTON NO. 34) 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. 2015-2"), including conducting a public hearing pursuant to the Act; and WHEREAS, the special election was held on March 2A,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 March 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. more than in favor of by the qua Ballot Measure. The City Council hereby finds, determines, and declares that two{hirds (%) of all the votes cast at the special election on the ballot measure were the ballot measure, the ballot measure passed, and the ballot measure was approved lified 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: March 20,2019 Page 1 of2 WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for March 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 rncreased 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 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. 19-769 adopted by the City Council on February 6, 2019. The boundaries of the annexed territory are shown on the map entitled, "Annexation Map No. 34 Community Facilities District No. 201 5-2 (Maintenance Services)" a copy of which was recorded, on February 13, 2019, in Book 83 of Maps of Assessment and Community Facilities Districts at Page 48, in the office of the Riverside County Recorder. Section 6.Notice of S cial Tax Lien Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 31 17.5, 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 immediatel y upon its adoption PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 20th day of March 2019 by the following vote: ATTEST:APPROVED: a/. Sar h lVlanwarin lerk Jeff ching, City Att Bill Zimm an ayor Date Adoptod: March 20, 2019 Page 2 of 2 APPROVED AS TO FORM: EXHIBIT A CERTIFICATE OF ELECTION RESULTS CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 34 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 February 13,2019 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 2 X 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 March 20,2019. Sarah Manwaring City Clerk City of Menifee By I (Attach completed copies of Waiver/Consent and Ballot) PETIIION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015.2 (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 "Ac[') (Government Code Section 53311 et seq,), to annex territory into Community Facilities District No, 2015-2 (l\.4aintenance 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 majntenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigatron systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the dislrict in a healthy, vigorous and satisfactory working condition. 3, The undersigned hereby certilies 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. 2015-2. 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 electjon be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing terntory into Community Facilities District No, 2015-2 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 Calilornia 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 ciaims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws ol the State and any and all laws and requlrements incorporated therejn, and no step or action in any proceeding relative lo annexing territory into Community Facilities Diskict No. 2015-2 of the portion of the incorporated area of lhe City of Menifee or the special election therein shall be invalidated or affected by any such irregularity, error. mistake or departure. ./ lN WITNESS WHEREOF, I hereunto set my hand lhis { day of Dn--,,8- Newport d, Byl lopment Corp, its GP e(o Hamui, President OWNER'S PROPERW: TRACT MAP OR PARCEL MAP NO. or PROJECT N0. 360-030-025 OWNER'S MAILING ADDRESS: 8445 Camino Santa Fe, Suite 205, San Diego CA 92121 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS _ DAY 0F _,20-. City Clerk of the City Council of the City of Menifee I I CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate 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. State of California ) ) Robert Hernandez Peimbert County 6i San Diego gn December sth 201 8 before me, lHmlmil namEndn0tormmmcniJ personally appssys6 Alberto Hamui who proved to me on the basis of satisfactory evidence to be the person(g whose name(s)@re subscribed to the within instrument and acknowledged to me that @nemey executed the same in@rer/their authorized capacity(ies), and that by @her/their signature(+) on the instrument the person(g, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal.6I @"*##tr: Notary u Signature (Norary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM nti; [onh coD,plrcs \lith cuftent CalilomiastaMes rcEakl E ]totory vordittqahd,if eeded, shotld be couplcted d d ollach.l to th. docwle .,lcttovledg e ts /.o ot'e. stotes noy be co plcted Iot docu,ne,tts b.htg se to that state so loag as the twnling does rct rcq irc fie Caldornia otory to violate Colilo,nia totory . Slalc snd Counry rnformalion nlusl bc thc Slslc oDd CoLrnty Nhcre thc documcnt signc(s) pursomlly 0ppcorcd bcforc lhc notary public Ibr acknowlcdgmcnt.. Dntc of noLuriTrr ior musl bc lhc dalc rlral (hc sig c( s) pcrsonally nppcarcd Nhiclr urust rlso bc thc sarnc dalc lhc ocknotllcdgmcDt is conrplclcd.. 'f,rc nolary poblic nrusl prill hrs or hcr nflnrc as il appcars rvirhin his or hcr cornnission lbllo\vcd by a comma and lhcn your titlc 0lotary public). I'rint lhc n0lnc(s) ol docL 'rcnl si8nc(s) *ho pcrsonolly apPlor at lhc limc ol' DESCRIPTION OF THE ATTACHED DOCUMENT Petition Requesting Annexing Territory (TiUe ot description olaltached document) into community facilities Dist. #2015-2 (Till€ or descdplio. olallached dodmenl continued) Number ol Pages I Documenl Dale 12t5t18 . lndic0tc thc corrcct snSulor or plural fonns by crossing olI incorcct fonns (i c he/shc/rheyr is /er3 ) or circlirg thc corrcct l'orms. Failurc lo corrcclly indicalc this infontation may lcad to tcjcction ofdocun]cnl rc.ordin8. Thc ,rotary scal imprcssion musl bc clerr nrrd photoSmphicolly reproducit'lc Imprcssio[ mLlsl nol covcr tcxl or liDcs. Ifscal rmprcssion smudges, rc-seal tfa sufl'rcienl arcn puanils, ol)rc^risc complctc a diffcrcDt ncl(noNlcdgmcnl fonn. Signalurc ofth! r)olury public musl malch lhc siSnaturc on filc with Lhc omcc ol thc county clcrk.+ Addilionnl inforn)olion is not reqnircd but coLrld lclp lo cnsu'c this acknowlcdgrncnt is nol misuscd or ulluchcd lo a dittcrcnl doc inenl..l lndicalc tirlc or lypc ofaltachcd docrmcnt, numbcr ofpagcs and datc.+ lndicutc lhc cupacity cl0rmcd by thc siSncr. ll lhc cl0imcd capacity h a corporalc ofllccr, indjcotc thc litlc (r.c. CEO, CfO, Sccrctary). Securcly altach rhis documcnt (o lhe sigrcd documcrt wilh a staplc. CAPACITY CLAIN4ED BY THE SIGNERtr lndividual (s)E Corporate Officer (Title) Partne(s) Attomey-in-Fact Trusteo(s) Other fJ^/ !.NolaryClasscs.corn 800-873-9865 D tr tr tr Acknowledgment Regarding Property to be lncluded jnto Community Facilities District No. 2015-2 (Maintenance Services) The developer/property owner of (Tract No. / Assessor's Parcel No.) 360-030-025 hereby acknowledges that: lf the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. 2015-2 (lVaintenance Services) the maintenance areas of (Assessor's Parcel Nos.) 360"030-025, which is to be included in the Community Facilities District No. 2015-2 (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 landscaprng, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility Ior the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes lo pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATEo: t2 .l /l 0wNER(s): Newport Road, LP By: Winterhawk Development Corp, its GP By: Alberto Hamui, its President 1 CALIFORNIA ALL. PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate 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. State of California ) i Robert Hernandez Peimbert County of San Diego On December sth 2018 before me, personally appssls6 Alberto Hamui who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)@re subscribed to the within instrument and acknowledged to me that @ne/tney executed the same in,@rer/their authorized capacity(ies), and that by @her/their signature($ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ROBERT BERNANDEZ PEIIll8ERT WITNESS my hand and official seal.* n"Lr-E Uy C.rm €ryr.| OcIO!€fl 2?.2@l Notats P6blic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETINC THIS FORM Thh/om con,ptes \eith currcnt Ca lomia stafinzr rcAsdtnq otaryeordi,Ba d. if t.eded, should be coDtpleted an.l d ached to lrc docunett. ,lcknowledg,nents tot| otlw states may be co,ttpleted /ot docut,t. s beitg se t to that stote so lo,tg us the vo.airy does "ot rcqui.e the Calilor ia otary to violateCawnia rctory . St lc md Counly ilfonnalior mLrst bc lhc Slolc and Counly rYhcrc lhc document siSnc(s) pcrsonlllly rppcarcd bcforc thc nolary pulrlic for ockDotllcdgncnt.. Dalc ofnotarizalion musl bc lhu dalc thal thc signc(s) pcGonally appc cd which musl llso bc thc samc dnlo lhc scknowlcd8mcDl is complclcd.. 'nrc lolary public mnst pranl his or hcr namc as il oppcars lynhin his or hcr cor)11)ission follo\lcd by a corrma lnd llrcn yoLrr lillc 0rol0ry public).. I,rinl thc nanrc(s) of docunrcrn signc(s) who pcrsonslly appcar il thc liDrc of DESCRIPTION OF THE ATTACHEO DOCUfuIENT Property to be included into (Tatle or descrjplion o, allached document) Community Facility District 2015-2 (TiUo or &scription of rlachgd dodm8nl conUnued) Number ol Pages -l po.urun1pul. 1215/18 . lndicorc thc corrcct sirgular or plural forms by crossiog otT incorcct foms (i.c lr€/shc/theyr js /se ) or circling lhc correcr lbnns. Failurc lo corrcclly iltdicalc lhis informfiliofl nrry lcad to rcjcction ofdmumcnl rccordinS.. Ilrc nohry scal inlprcssion must be clclr and photographically rcprodrciblc. lNprcssion nust not covcr tcxt or lincs. lfsc6l jrnprcssion smudges, (c-scal if a sufllcicDl arca pca ats, olhc^vhc complelc s diflcrcnl acknowlcdgmcnt fonn.. Signnlurc oflhc Dotory pul,lic ust malch thc signaturc on 6lc with lhc olficc ol Ihc county clcrk* Addjtionsl infoonalior is nol rcq(ircd but could hclp lo cnsurc this acknoslcdBmcnt is not masuscd or altachcd tor dallircnl documcnl.:' lndicatc litlc or lype ofot(ached docuncnt, numbcr ofpa8€s ond datc.+ Indicalc lhc copacily clairncd by thc siSncr. Jf lhe claimed clpacity is a corporalc omcer, irdictrlc lhc lillc (i.c CEO, CfO, Sccrclary). Sccurcly altach lhis documcnt to lhc signcd documen( rvit-b s staplc. CAPACITY CLAIMED BY THE SIGNER tr lndividual (s)D Corporate Officer (Title) Partne(s) Attorney-in-Fact Trustee(s) Other tr D tr tr r,1v\,v.NotaryClasses.conr 80H73-9865 Commirsieo No. 2219,162rot RY FUELTC€{IFOR|{I s^,t orEco coutrY I t .tly o1 ruenl|ee City Clerk TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT ANNEXATION OF TERRITORY TO coMMUNITY FACILITIES DISTRTCT NO. 2015-2 (MATNTENANCE SERVTCES) ANNEXATION NO. 34 AN "X' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT IVEASURE 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 lntention to Annex Territory to Community Facilities District No. 2015-2 (Maintenance Services) adopted by the City Council on February 6, 2019 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation Map No. 34 of Community Facilities District No. 2015-2 (l\ilaintenance Services) City of Menifee" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-2 (Maintenance Services) in the amount of s cial taxes collected? Certification for Soecial 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 Sla{e of California that the foregoing is true and correct and that this deciaration is executed o^ {Zfl-n , zO$ Newport Road, LP By: Teofilo Hamui By d YES NO Newport Road, LP Attn: Mr. Teofilo Hamui 8445 Camino Santa Fe, Ste. 205 San Diego, CA 92121 Owner:Assessor's Parcel Numbe sName & Address of Pro e 360-030-025-7 nager ::'1 I I 2019 MARK'YES" OR'NO' WITH AN "X": STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Sarah Manwaring, city clerk of the city of Menifee, do hereby certify that the foregoing citycouncil Resolution No. 19-778 was duly adopted by the city council of the city of Ml-enif;e at ameeting thereof held on the 20th of March, 2019 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, ZimmermanNoes: NoneAbsent: NoneAbstain: None [\,4anwa , city Clerk MENIFEErr