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23-1361RESOLUTION NO. 23-1361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING REVERSION TO ACREAGE AS PER PARCEL MAP NO. 38627 AND AUTHORIZING THE DISCHARGE OF A SUBDIVSION LIEN AGREEMENT ASSOCIATED WITH FORMER TRACT MAP NO. 32101 WHEREAS, on August 5, 2015, the City Council approved Tract Map No. 32101 (TM32101), a subdivision of residential land into 197 residential lots, located south of Domenigoni Parkway and west of Briggs Road; and WHEREAS, the City Council previously entered into a Lien Agreement with Diamond Brothers Five Partnership, LP ("Developer") dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, to provide securities for the completion of public improvements conditioned for the property and associated with TM32101; and WHEREAS, on December 14, 2022, the City received an application from the property owner, Diamond Brothers Five Partnership, LP, requesting reversion to acreage of TM32101 via acceptance of Parcel Map No. 36827 (PM36827); and WHEREAS, the City has reviewed Developer's request for reversion as shown on PM38627 and determined that no improvements have been constructed on the property; and WHEREAS, a Notice of Public Hearing was published in the Press Enterprise, a locally distributed daily newspaper, on September 24, 2023, and said notice was mailed via United States Postal service to all property owners within 300 feet of the subject property owners 10 days prior to the public hearing in accordance with California Government Code §65091; and WHEREAS, on October 4, 2023, a public hearing was held where all persons interested in or objecting to the proposed reversion to acreage appeared before the City Council of the City of Menifee, California and offered evidence in relation to Parcel Map No. 38627 reverting to acreage residential property located south of Domenigoni Parkway and west of Briggs Road. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California: Section 1. The City Council, in reverting to acreage that residential property located south of Domenigoni Parkway and east of Briggs Road as specified in Parcel Map No. 38627, elects to proceed in accordance with the provision of the provisions of California Government Code (Subdivision Map Act) §§66499.11 et seq. and the City of Menifee Municipal Code §7.60 "Reversion to Acreage". Section 2. The City Council of the City of Menifee does hereby revert to acreage the residential property previously subdivided via Tract Map No. 32101, located south of Domenigoni Parkway and west of Briggs Road, and as depicted in Parcel Map No. 38627 attached hereto and incorporated as Exhibit "A". Section 3. The City Council does hereby discharge the existing Lien Agreement dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, attached hereto and incorporated as Exhibit "B". Section 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging to either the City of Menifee or public entity that existed prior to this reversion to acreage proceeding. Reservations of any easements are made in accordance with the provisions or Division 9, Part 3, Chapter 5, Article 1, of the Streets and Highways Code of the State of California. Section 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Section 7. Effective Date. This Resolution shall become effective immediately. PASSED, APPROVED AND ADOPTED this 01 day of October 2023. y, X"� U Bill Zimmerman, Mayor Attest: Approved as to form: EXHIBIT "A" LOT SUMMARY: IN THE CITY OF MENIFEE• COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS 0 PARCEL MAP NO. 38627 RECORDER'S STATEMENT lF�TTERMD LUATS: CROSS MIER 61 AC A"IW Tf. FILED m_DAY a—Ot— METARA 63.93 AG IFLUeNE WTRAGTN0..4101.N1IE a1TY aFIBNIiff, N11IIV OFRIV"®G6 W aNa1R_"MID; LIMPS 4, M1GlAINIVE.ORFYJIIL INMfXD9 (FRAIRISDE CpT1IY, STATE OF Wlf Val IOfATW N BliCTION ]6, TONr"IV •80UIMRMIE )APRs. AHY K 6 A ENGMEERING, INC. - 367 N. SHERIDAN STREET, SUITE 117' - CORONA, CA W878 AT PAQS _ _' At 7R IEMFSI OF DECEMBER, 2D22 Lm woa "ON o Lo+a THIS PARCEL MAP IS FOR REVERSION TO ACREAGE PURPOSES NO a Rw ALMlN Amimillm - O1E1" cum - REUNION NY OMRT MOOMMM —0 nn WKR+ ru GY"1 NEQII 1" OWNER'S STATEMENT K HON®Y STALE MAT NEW LIE ONE10 OF TE I.ND nFlIDED NMN RE REY69RN 1G AOFACE SDW NOEOR NAT NE ARE NE OKT PQl06 aA7R COISDT E NECESSARY M PAS A WAR TITLE TO SAID LAID; MAT YE CONSENT TO NE WAMC AMID 4CODN0 OF NS IEYERSON M ACEACE WP N SANN NMTR ME OSTNCIIK MDET LIRE DIWOD MO11E11S FREE PARMEASO. LP, A C CPOA LOMD PARMETSON' 1� PRINT N•AC Ne No•N RRt aYu NA"NO NOTARY ACKNOWLEDGMENT r. MUNK' Nat 0. Ow asom IT}NENa As iw "It Iwn'VEY TE ap,Tgl O 1[ IOOR NCI m. K I C=Wd a Nd IRS COPINam E aqua. NCI ON SE L Alm ACCINIC[ a WAIT, (IT NO usual -- o RIIITT O TO "rot r. • A1nAn AUAL AAT[ Tp r a THE NaS M u17AC-M ("GENCE 10 a NN A'P(Ej Nam( MAAut ./w TOM, " TlEaatn AAD •DIADItmaO N NE MAY 1K/aE/ KY C4(AEL K UK A ASA CNITNN Au.—=WACME31 ARM) NAT W WSMFA/R4§1 SaAME(S) ON ME ISW WTT NE PERSW(SI W THE ENTITYVOI 9OWF of MACH THE PERSON(S) ACTED. ERMEO RE INSIRUWNT I ClO"Y ,AEN POIAAYY or POIANY IIIDV IAE TAR O WE STAG J rA/ONA NYT NE AataDAa rAAA01A1I, it OLAC N0 COMO LAMES NY HANG. SONATNR PLAIT We n COMMISSION 4AtE LM9 YI3L SIGNATURE OMISSIONS PDRSDANT TO SECTCH WIT W NE SNNN(SEN NAP I. THE SCHAT OF NE FOLONNC DIIp6 W EASOEMTS AID/OE OMER NTERST HAK a LUTIEN SWIHERR C ITES GAS COPANY OF C CMINAN OVER OF AN WOEN KR APE LANES AM TI®DNT,AL MRPDSM RECORDED AIIWST IT. INS N MOM 1101, PAGE 20 OF OTIML RCOM11 AMENDED N FAVOR OF SOIMFIN CAUFAAA OS COMPANY. 4CODm AIIII7 12. IW. AS INSTRUMENT NO 2jWP5 W RACIAL RENDS SOIMON CGIANTTS CAS COOP MY OF MFOTILA 0*0 W AN EASEMOIT IN PNS LRc➢ AND MODETITAL PURPOSS. RC0IDED O NWM L INS N NWf 23II, PAGE W OF O — IEWPOS IODIDE[) n IAY01 DI WINERY CALIFORNIA CAI OWANt 4COK90 NOISE IL IM, AS rSNARIDO W UNITS OF "Ok KCOaS SDINDM CAUFCHUA ECM COMPANY, DOOR W AN EASEMENT ITS UECtRC URS, DOER NONE LINES. CANES NO MODEMAL PURPOSE$ RECORDED FESBLINIY 2, 19% AS MSIRONENT NO, 1p OF OFTIOAL RECORDS AInAAA CNADAAA IDSON COMPANY ONNA OF .N CASEMENT FM OMER ON MIN ICU INIt OIOP" OR .C( JIO.IAC to TES AD INCIDENTAL KNbS1 ROCOMD SFPTORR 3t 10M. AS N11}LAQI AO IN -LANs] Of OPTIMAL RENDS SURVEYOR'S STATEMENT MIS WP MS PISAAIEU SY a OR UmDm n DAECTWII AND v0 CORNED PRAN REND MIA N cOMFORLAIQ ON THE ROARSONS OF THE SWV"w NM AV AND LUCK dENAROE AT 111E REgFST a OILBLD NOTES qTE rMT[NS/. V A CAIJONA LNcD rMRtJI>f1. A �SY K !m I HEIMBY STATE CENT MIS VANED V WMANY M1• CSNONI .0 AIM41(D y OpOdNIY IIK}fD 1DNTIRK WP, T ANY. C4 CITY ENGINEER'S STATEMENT I NONST 11A1 NW MN Nn W W I—= n LIE ON Elm n t ow1val .9 NAT AT R/La R• NE OTT v NONEE NNmK COOM MlL _ . 20- RE131:w oY. N<, OOOAS EK koT-W • R'"' CITY ENNIEOI, CITY a IIENDIF rN r„P CITY SURVEYOR'S STATEMENT TN NAP CORCTNS TO ME R➢AIOAENS w THE SAlON9CH WP ADT me LOCAL n —CEL I R I MIT MAT MIS WP HAS TEIIA EXNANCED OY NE ON LODE N n WPERMLA AND NAT I TN SARSED INS WP G IEONCAlT NIRCT. DATE: -- _ . 20_ A s R A A Cm S E ( F T0. CHT 91R1E10C CITY OF IEMFR PSM c c MENIFEE CITY CLERK CERTIFICATE _ ME aTY Of NEN IOL C TY OF NEIwE, PATE OF GUFN"IA N ITS M C"IIgL NDEn AUKS I S REVS" TO AAEARM NAP OF PARCEL NAP W W7 DAM: _ . 20— D ,M,OM RVaFFN ACTING CT' amR CITY A AERPEE RIVERSIDE CCINTY. CAE4NA TAX COLLECTOR'S CERTIFICATE _ I NERE9Y CENTTY NA r AttODMC TO THE RENDS OF Mu OFFICE. AS IT MS DATE. REIE AM NO DENS ACAIRSI 44 N"Tv SON OA THE NAN MAP rM IMAD STATE CONTY. WEAL OE LOML TAKES m "EMAL 4SM21 7% a7LL = AS TAIES, EmY """ OR SPECIAL ASy5MIS miGiD M TAKES NON A TEN "TT. NOT YET PAYABLE. WIN ARE ESIRATD TO IT S DATE . I.— NATINETI JENAWGM LOUHTY TAN COLLECTM SHEET INDEX: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 3 SHEETS NO MK IPTW NO. 38627 1 nu SHEET PARCEL MAP 2 BWNDANYI NOTES SHEET NONUNENL BEINGAREVERSIONTOACREGEOFLOTSITHRDUGHIBT.INCLUSN APOR NOFLETTEREOLOT'A',AND, OFLEREREDLO 'THROUGHM. INCL INNEOFTRACTNO UIO1.INTHECT OFMENIFEE,COUNTYOFRN IGE,STATEOFGlI RNKPERMAPRECOEIDEDINB ITS PAGESI2THROUGH SURVEYOR'S NOTES 40ANCLIISNE,QFFlCUERCIWFORNIA LPECORIDID SIDECOUM-E-DBOFLO EDINSERNNIB.TOWNSMPSSOM,RANGE]WEST.SBN EABEMENT NOTES K & A ENGINEERING, INC. - 357 N. SHERIDAN STREET, SUITE 117 - CORONA, CA 92B7B To x1w1w4r ) ] EAs6uENTs DECEMBER. 2022 To c1tt OF NOPENO VALLEY a Gn of HEM[ BASS OF BEARINGS ORB C.— TES THIS PARCEL MAP IS FOR REVERSION TO ACREAGE PURPOSES "'UTY MAP BOUNDARY SHEET MONUMENT NOTES PER M.B. 44B/dL_ ^}�SEi 1' P, W/iAC 15529', FLDSH, PER MB 446/41-'1 V FOUND I/2' 1 P, W/NAG AND TACK TAGGED �IG SURVEYOR'. ON 05' IN DIRT, ACCEPTED AS NORTH 1/4 CORNER OF SECTON 36 PER PARCEL MAP 21 BJB P M B 146/1-26 (� FOUND I I/� "A55 DISC, RUSH, STAMPED 'RIV CO TRANS, 103,75 DO, NP CA INT. -00 UND'. PER RIV CO R/W NAP 929-OD ACCEP IEO AS C/L INT DOMENICONI k REAUGNED UMIIN81RGM O— FOUND I' I P. 'RV. CO TRANS', DI 0 ]0, PEP RIV. CO R/W NAP 929-DD FOUND I" I P, w/7 000 PLDO W/NAL 1N UEU OF 1/2' I P, 'RIV CO SURV PER P I B l46/I-2fi ACCEPTED AS QUARTER CORNER OF SECPON }6 SET TAG "LS 5529" o— FOUND I' I P. 'PC E 11232'. RUSH, PER PM B Ilfi/1-26 FOUND 1" I P. W/NNL AND TAG 1LLEG, ON 1 2', IN LED OF 1' I.P. W/TAG 'LS 4210', PER P M B 146 1-26 ACCEPTED AS BE CORNER OF SECTON 36 SET TAG I 5529' Bo— FOUND I' IF. W/EOUARE HEAD, ON 1 2, IN UEU OF I' I P, W/TAG RIV. CO SURV PER P N B 146/1-26 ACCEPTED AS QUARTER CORNER OF SECTON IE SET TAG l5 5529' 9� FOUND 1' I P. W/PUSTC RUG -RIV CO TRANS W/M-PES, RUSH, PER IS C6/71 AND RIV. CO. R/W MAP 929-DD ACCEPTED AS CENTER QUARTER CORNER OF SECTION 36 ILO FWND I I/4' IP,-RIV CO SURV, ON 09, IN LIEU OF 1" IP, W/TAG'RCFC&KD-.PER PI 146/I-2fi, PAR 136/3-4, AND RS 70/26-33 ACCEPTED AS WARIER CORNER OF BECIO1 16 FOUND 3/4" IP, WI PLUG RLF[kYFO', ON Ofi', PER Rs 70/26-33 AND PMB 116/1-26. ACCEPTED AS NE CORNEA OF SECTGV 36 1`2}— SEARCHED, NOTHING FOUND ESTABUSHED Br INTERSECnON ^— FOUND 1' IP, W/PLASTC PLUG'R CE 11211. ON 02'. PER PMB 111/1-26 S.B901'09"E 022" HELD FOR EAST -WEST UNE LJ SEARCHED, NOTHING FWND ESTABUSHED BY INTERSECTON. 15� SEARCHED, NOTHING FWND ESTABUSHED Br PRCR.ATON ^16 SEARCHED. NOTHING FOUND HELD RECORD DISTANCE PER L L A AB74, RECORDED .ULY 24. 2005 AS INST NO 2005-0501631. OR 1� TO BE SET PER TRACT MAP 32102-1. M B 475/10-21 To— FOUND I' IF, W/PLASIIC RUG ILLEG, ON 03'. IN LEU OF T IP. W/TAG'RC.E 14232', PER PM 146/1-26 SET TAG 'LE. 5529" TO LANE TO CITY OF TEUECUU VICINITY MAP ITS SURVEYOR'S NOTES: (RI) INDICATES RECORD DATA PER TRACT MAP NO 32101, Al B 446/42-49 O INDICATES MONUMCNi NUMBER AS DEIGNED IN MONUMENT NOTES • 40eAMS IIQYIRI.11 N N010 TOTAL AREA = 63 B] ACRES CROSS BASS OF BEARINGS PER TRACT MAP NO 321DI. ME 446/42-49 (SEE BHT 3) — �— (NBB52'50'W 26.-P13' RI) _— -- — 1111WY on) (1514 (N89'O61B'W 26265fi'III Ij _ IT I- fL_6 RII (1]I32B' RI) T r""1' fT' T'T Imo\ I I l l M P.M.146/1 25 /I II �-rrm 1-�--r-rr�''`'? l 1 11 y I I I I I I I I I I I T, 1 i." T71'q M 3 ...... .`�`�%,�% /,I.S,� �. /• /'�/�'",s � 751 l 1 T.M 321D2-I �� \ M B 4751 10-2I DO IL DO m Z W�— I�JJJ I I� I N I 0 7P0 IOp —N690B'S0'W 162440.__ - TM. 32101 AI9 445/42-49 LINE TABLE NO BEMUIG LENGTH LI (NO'J5'59'E RI) (IN 01'111 L2 (NOI SITE III (7785'Rl) L3 (III 18'47-W RI) E91 ik III L4 (N8918'47"W RI) (18266' RI) 1 (N691B'41>w I'621� 61RU (215606 RI) I TX ".33 1 M.S. 363/65-73 ^_ — — — —L —CILNEWPORTROAD— — 018928'36'w 262014 RII ME GL BRIGGS ROAD 3631 cm /J 1 6 I NOTE: IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SEE SHEET z FORNOTES, BOUNDARY, PARCEL MAP NO. 38627 'OTES, AND NOSES, MONUMENT NOTES, AND EASEMENT NOTES BEINANE.0 R N TD40RFAOE OFL FMMIFROUGHIB7, INCLUBNE,APORTN]N OFLE MREO LOT•A•,AN04110FDIMB EDLOT, 9 M420 ROM INCL49. iN I- TRAcrNO-NO CRYOFMENIFEE,COUNTY OFR FCAUFE,BTATE OFCIDED IN NIq PER NAPRECSHIP 5 INBOOK 448,PAGE542THBM 4B.IN0.UBN/E, OFFlGAL RECORDS OF RRIER9NE COUNTY. STATE OF CAUFORNUI LOGTW IN SECTION 3B,TOWNBHIP 650UIH,WVGE]WEfiT.S BIM K & A ENGINEERING, INC. - 357 N. SHERIDAN STREET, SUITE 117 - CORONA, CA 92B7B DECEMBER, 2022 THIS PARCEL MAP IS FOR REVERSION TO ACREAGE PURPOSES GP5 CONMO- (cNPP) t?iNB p! ,rydt CPS CONTROL (PPBF) + 22581B1 .1 (GRID) \ �N 121118➢062 (GRID) R,19110959 (GRID) \ E 5276615B41 (.IS) \ ' �'$41szs, \\ �� e•lGRlo/lob x"Z' \ , tpM BWt lHl a�ME 62L70/920]4H CfiaM0 (� (fMl k \\: L !Z s \ / r� CPS CONMOU: (P474) N 2074324M2 (GRID) i'?fi06� E 6256716689 (GRID) SHE EASEMENT NOTES III . IIIII (aS14,N,xt FUI a+K LxES a � LFNExIAL ►JLvy) N "I'm C SCUI CMm u1 CDMN• OF C4LB(71aa- KC.= IAI IL •MS w 11100E 110,- "'a -4 p OrAcIA "toms LMINU YQ D 1iY114MY G IPOIII t US:�N•. CWCM AUGUST N U 44, of M[Tµ""' W 731L7f 7 C"" "Kole" ya INDICATES AN EXISTING EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CWNIIES GAS COMPANY OF CALIFORNIA, RECORDED OCTOBER 2, 1958 IN BOOR 2N I, PAC ]5] OF OFFICIAL RECORDS AMENDED IN FAVOR OF SOUTHERN CAUFORNN GAS COMPANY, RECORDED AUGUST 12. 19A7, AS INSTRUMENT NO Z3]675 OF OFFICIAL RECORDS L INDICATES AN VISD4 E1210DLI FOR E=nll UNES, TELEPHONE LINES. CAHIES AND P[(Q1aL -I IN Falp OF SOUTHERN CAUFORNIA EDISON COMPANY, FILE FEET MY 2, 1SBB. AS INSTRUMENT NO 10279 OF OFFICIAL RECORDS n INDICATES N IuMING EASEMENT FOR llo-0 OR BOTH POE UNES, CONDUITS OR UNDER pgl10 rACIUTIES AND -N Taf PURPOSES, IN FAVOR OF SOUTHERN CAUFOiNIA EDISON COMPANY, RECORDED SEPTMBER 30. 1896, AS INSTRUMENT ND. 86-240451 OF OFFICIAL RECORDS • aii 1 "0 ]W as FDw spal (11 BASIS OF BEARINGS PER M.B. "6142-49 x 61BSri4675 IC*DI THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CAUFORNIA STATE PLANE COORDINATE SYSTEM, CCS83, ZONE 6. E fi291975 fi75 (LSD) BASED LOCALLY ON CONTROL STATIONS -P474 -6NM•, W -PPEr. BKq (NMS :BIDl1 AS SNOxN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE MRD, GI KYNCS AND DI%tNQS FROM 41L)9FENCE MAPS OR DEEDS ARE AS SHOW PER THAT RECORD REFERENCE Al DISTANCES INC. ARE GROUND DISTANCES UNLESS SPECIFIED OMERMSE GRID DISTANCES NAY BE OBTAINED BY MULTPLNNG THE GROUND DISTANCE BY A COMBINATION FACTOR OF 0 9999112Z 3 CALCULATIONS ARE MADE AT POINT NO -I I -, NORTHEAST CORNER OF BECTON 36 AIN COORDINAMS OF. N TS N 2200626 435 (GRID), E:6292034 MO (MID), USING AN EIEVARON OF 144162 I 1 I I I I I I 1 T i < 1 M. N / ,1 1 �• ', P P M R. 14216333 / -26 lx"!it?w!I9-J I I i l l l i l l l i�• I 1� 1 I I I I I I I I I / 1 /� I � /� •� `�'� 1 1 ', � e� L I L TJ4. 32102 Kv. 479, 2:-29 , / �\L I o r / IF �j•• + �� � � /aft T.fd 32192-I � rv1,9, 475/10-21 — — — — —'•', :, . is t� f PARCEL 7 {� 5303 AC LINE TABLE NO. BEARING IENLIH LI (NB91B'47'w R1) (91 N• RI) L2 (NO'35'S9-E RI) (7801 RI) IIMV I I I I (2G6474 R,) (+\\ Tblf 29337 z1II I I I I I \ 1 I I I I 1 I I I I 1 1 1 INa9+E's7-w eB.ae'Rp 1 \' M.6. 363/65-73 EXHIBIT "B" NO FEE DOCUMENT Government Code $6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MENIFEE 29714 Haun Road Menifee, California Attention: City Clerk 2015-0396585 09/03/2015 02:45 PM Fee: $ 0.00 Page 1 of 13 Recorded in Official Records County of Riverside Peter Aldana Assessor-Couunetyl Clerk -Recorder y 0— R A Exam: - Page DA PCOR MISC Long RFD I 1st Pg Adtf Pg Cert CC .1 — 51ZE NCOR 5MF iNCNG,�('Gi --- - - 4 --- -- — LIEN AGREEMENT THIS LIEN AGREEMENT ("Lien Agreement") is made and entered into this 5th day of August, 2015, by and between the CITY OF MENIFEE, a California municipal corporation ("City") and DIAMOND BROTHERS FIVE PARTNERSHIP, LP, a California limited partnership ("Owner"). RECITALS A. Owner has submitted to the City for its approval, Tract No. 32101, a proposed development comprised of one hundred ninety-seven (197) single family residential homes, one (1) public park, and five (5) open space lots, located in the City of Menifee, County of Riverside, State of California (the "Project"). B. In connection with the Project, Owner has applied to City for approval of a Final Map pursuant to Government Code Section 66434 ("the Subdivision Code") for Final Parcel Map 32101 ("Final Map") for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property'). C. The conditions of approval for the Tentative Tract Map for the Property require Owner to construct certain improvements that, upon completion, will be accepted by the City as public improvements ("Public Improvements"). A list of the Public Improvements and an estimate of the costs for the Public Improvements approved by the City Engineer is attached as Exhibit "B" and incorporated herein by this reference. D. Since Owner will not complete the Public Improvements prior to the approval by City of the Final Map, Owner is required to enter into an agreement with City for the completion of the Public Improvements and the provision of improvement security ("Subdivision Improvement Agreement"). E. California Government Code Section 66499 authorizes the City and Owner to enter into this Lien Agreement in satisfaction of the security obligations contained in the Subdivision Improvement Agreement. Diamond Bros - Lien Agreement 435753972_v3 F. City has found and determined that it would not be in the public interest to require the installation of the Public Improvements sooner than two years after recordation of the Final Map. G. Owner has provided a title insurance policy and current title report to the City from a title company approved by the City and issued within the 60 days prior to the execution of this Lien Agreement that documents that the Owner is the record owner of the Property and the Property is not subject to any mortgages, deeds of trust, or judgment liens. OPERATIVE PROVISIONS NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledged, the Parties hereto agree as follows: I. Owner Performance and Obligations A. Owner hereby grants to City, in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property as security for the following obligations of Owner (collectively, the "Obligations"): (1) Construction of the Public Improvements specified in Exhibit "B" attached hereto; provided, however, that Owner's obligation hereunder shall extend to the actual cost of the construction of the Public Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit "B"; and (2) Payment of the balance of the fees or provision of the improvements or services described in the Subdivision Code (collectively, "Fees"), in the amount required in accordance with the Subdivision Code, as determined appropriate by the Director of Public Works. This Lien secures the Obligations and the remedies provided herein for breach of the Obligations. B. For so long as title to the property remains subject to this Lien Agreement, Owner shall not: (1) commence work other than grading on any portion of the Public Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare with the consent of the City or (2) sell or permit the sale of any lot shown on the Final Map. Notwithstanding the above, fee title to the entire property encumbered by this Lien Agreement or not less than 50 lots designated on the Final Map per transaction may be sold in the aggregate to a single purchaser, provided that the proposed purchaser, prior to assuming title to the property, executes a new lien agreement or provides such alternative security, as may be required by the City of Menifee and executes a new Subdivision Improvement Agreement with the City. Diamond Bros —Lien Agreement #35753972 v3 C. Prior to commencing the installation and/or construction of any portion of the Public Improvements required by the Subdivision Improvement Agreement, Owner shall deposit fees for inspection, tests and other related purposes, and shall substitute other forms of security satisfactory to City in place of this Lien Agreement. Grading of the Property shall not be considered construction of the Public Improvements for the purposes of this Lien Agreement and Owner is not required to substitute other forms of security in place of this Lien Agreement prior to commencing grading. E. Owner shall provide all substitute forms of security in the amounts and for the purposes set forth in the Subdivision Improvement Agreement, except that the amounts shall be calculated using the estimated cost of the Public Improvements at the time of substitution, as ascertained by City. F. Owner shall substitute acceptable security for this Lien Agreement and commence construction of the Public Improvements required by the Subdivision Improvement Agreement within three (3) years following the date of recordation of the Final Map. At its sole discretion, the City may grant up to three extensions of time for one year each. For each extension of time, Owner shall provide a title insurance policy and current title report from a title company approved by the City, and issued within 60 days prior to the request for an extension of time, that documents that Owner is the record owner of the real property to be divided as identified on the Final Map and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. G. Owner shall pay the Fees related to the work required by the Subdivision Improvement Agreement for which the Fees are required prior to issuance of any building permit or, if permitted by the City, prior to occupancy. H. Owner agrees that if suit is brought upon this Lien Agreement, all costs and reasonable expenses and fees incurred by the City in successfully enforcing Owner's obligations shall be paid by Owner, including attorneys' fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. I. Owner agrees to indemnify, and hold harmless, the City, its officers, employees and agents from any liability whatsoever based or asserted upon: (i) any act or omission of Owner, its employees and agents relating to or in any way connected with the accomplishment of work, obligations, or performance of service under this Lien Agreement; or (ii) the approval of this Lien Agreement. As part of the foregoing indemnity, Owner agrees to protect and defend, with counsel selected by City, at Owner's own expense, including attorneys' fees, the City, its officers, employees and agents in any legal action based upon such alleged acts or omissions. II. City's Performance and Obligations Diamond Bros — Lien Agreement 435753972 v3 A. Following (1) City's approval of the substitute forms of security submitted by Owner, (2) deposit by Owner of fees for inspections, tests and other specific purposes and (3) Owner's payment or other performance of the obligations encompassed by the Subdivision Improvement Agreement, performance of which are secured by this Lien Agreement, City shall release the Property from the provisions of this Lien Agreement, and shall execute any necessary release to enable Owner or its transferee to clear the record of title of the Property so released of the lien herein imposed. B. In no instances shall this Lien Agreement compel the City to construct the required Public Improvements. III. Owner's Representations and Warranties Owner represents and warrants that no lots within the Property have been sold, no construction permits (including but not limited to grading permits and building permits) have been issued and are active for all or part of the Property, and no construction of any of the Public Improvements has commenced. IV. Effect of Lien Agreement A. From the date of recordation of this Lien Agreement, a lien shall attach to the Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the Subdivision Improvement Agreement and any Fees. Under no circumstances shall the City agree to subordinate the lien. B. Owner shall have the right to convey or sell fee title to the entire property, or a portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees in writing to accept and be bound by the terms and provisions of this Lien Agreement, the applicable Subdivision Improvement Agreement, and the Fees, or has provided alternative security acceptable to the City. Any new lien agreement entered into by a purchaser of the Property must provide for completion of the Public Improvements by the same date as is specified herein. C. This Lien Agreement shall expire upon release of the Property by the City, except that Owner's obligation to commence the Public Improvements within three (3) years from the date of recordation of this Lien Agreement (or such date as may have been extended in accordance with the Subdivision Code), as described in Section I (F) above, shall not expire but shall remain in full force and effect until satisfactory completion of the Public Improvements in full compliance with the Subdivision Improvement Agreement. D. Notwithstanding any provisions of the Subdivision Code to the contrary, so long as this Lien Agreement is utilized for security as described herein, the City is not obligated to accept offers of dedication for street or drainage purposes on the property. V. Events of Default Diamond Bros —Lien Agreement #35753972 v3 Upon the occurrence of any one of the following events, Owner shall be deemed in default hereunder: A. Filing of any proceedings or action by or against Owner to declare Owner bankrupt or to appoint a receiver or trustee for Owner or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within (60) days. B. Levy of any attachment or writ of execution against Owner and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than Owner and such attachment or execution is not released within 60 days. C. Sale of any lot shown on the Final Map prior to release of the lien created by this Lien Agreement, except as provided in subparagraph IV (B). D. Request by Owner of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property. E. Breach by Owner of any other term or condition of this Lien Agreement or the Subdivision Improvement Agreement or Owner's failure to fully and faithfully discharge its obligations hereunder within the time specified in Section VI below. All References to Owner in this section shall be deemed to include Owner's successors, assignees, and transferees. VI. City's Remedies Upon the occurrence of any of the events described in Section V, above, City may declare a breach of this Lien Agreement by if Owner does not cure such violation within 90 days after Owner's receipt of written notice from the City (or, if not curable within 90 days, within such period of time as is reasonably necessary, but in no event more than 180 days, provided Developer diligently commences and pursues such cure and indemnifies the City for all related costs, of whatever kind) and City may exercise any one or more of the following remedies: A. Pursue any or all if the remedies provided in the Subdivision Improvement Agreement; B. Enforce this lien by appropriate action in court or as provided by law and in the event of enforcement is by action in court, the Owner agrees that the amount of said lien shall include reasonable attorneys' fees which shall be taxed as a cost in any suit for such enforcement; Diamond Bros — Lien Agreement #35753972 v3 C. Estimate the cost of the work required to complete the Public Improvements, and all fees, and foreclose said lien in said amount; D. Initiate proceedings for reversion of the Property within the land division to acreage, at the expense of the Owner, in accordance with the provisions of the Subdivision Map Act; E. Pursue any other remedy, legal or equitable, for the foreclosure of a lien. Owner, its heirs and assigns, shall pay reasonable attorneys' fees to be taxed as cost in said proceedings. VII. General Provisions A. Recordation. This Lien Agreement shall be recorded by City with the County Recorder immediately following execution of this Lien Agreement indexed by (1) all parties hereto, and (2) all parties having any record title interest in the subject real property, pursuant to Government Code Section 66436, acknowledge subordination of their interest of this Lien Agreement. B. Contingency, This Lien Agreement shall not take effect until it has been approved by the City Council of the City of Menifee. C. Entire Agreement. This Lien Agreement together with all exhibits and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject manner contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written are superseded. D. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the parties. E. Governing Law. This Lien Agreement shall be governed, interpreted, construed, and enforced in accordance with laws of the State of California. F. Headings. The captions and section headings used in this Lien Agreement are inserted for convenience of reference only and are not intended to define, limit or effect construction or interpretation of any term or provision hereof. G. Modification, Waiver. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all parties. H. No Other Inducement. The making, execution and delivery of this Lien Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein. Diamond Bros — Lien Agreement #35753972 v3 I. Severability. If any term, provision, covenant, or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be effected thereby, and each term, provision, covenant, or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law. CITY OF MENIFEE, a Municipal Corporation of the State of California By: ---It I 'U y V Name: R�e�1 A. Johns Its: cojt Manager ATTEST: 6J City Clerk APPROVED AS TO FORM: (�Jl' J ;;,,, i orney 6 Diamond Bros — Lien Agreement #35753972 0 DIAMOND BROTHERS FIVE PARTNERSHIP, LP a California limited partnership By: L44A,-' Name G r Chiao-Tung , ang Its: G e al Partner EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Diamond Eros — Lien Agreement 435753972 v3 LEGAL DESCRIPTION FOR TRACT NO.32101 ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SAID PORTION BEING DESCRIBED AS FOLLOWS: BEGNINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 00035'59" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 36, A DISTANCE OF 845.10 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY (152.00 FEET IN FULL WIDTH), AS SET FORTH AS PARCEL 0785-002B IN THAT CERTAIN GRANT DEED TO COUNTY OF RIVERSIDE RECORDED APRIL 15, 2004 AS INSTRUMENT NO. 2004- 0274331, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 12-41-38" WEST., THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 17-56'19-, AN ARC DISTANCE OF 602.44 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 5'w'08- WEST, A DISTANCE OF 83.38 FEET TO A POINT ON THE CENTERLINE OF SAID DOMENIGONI PARKWAY, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2000.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 29037'50" WEST; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 3°10'15", AN ARC DISTANCE OF 110.70 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 5°50'08" EAST, A DISTANCE OF 76.59 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2250.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 0013'55", AN ARC DISTANCE OF 9.11 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 33-57-30" WEST; Page 1 of 2 GA2013V 3-014G\CFD\LEGAL DESC CFD.doe Albert A. Webb Associates THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 °39'59", AN ARC DISTANCE OF 727.63 FEET; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 34022'31"WEST, A DISTANCE OF 1632.83 FEET TO AN ANGLE POINT ON THE BOUNDARY LINE OF SAID PARCEL 0785-002B; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 89018'47" EAST, A DISTANCE OF 2064.74 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 0035'59" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 1318.18 FEET TO THE POINT OF BEGINNING. ��� 4AMD SG �Iicl aetIA- Y1 J 4nson, L.S. 7673 Dace 0 M NO. 7673 Prepared By: Checked By: �\ \p OF CA0FOR� Page 2 of 2 GA2013113-0146\CFD\LEGALDESCCFD.doc AlbertA. Webb Associates EXHIBIT "B" PUBLIC IMPROVEMENTS & COSTS Storm Drain 549,329.00 Grading/Drainage 406, 808.16 Erosion Control 510,513.60 WQMP 169,920.00 Street/Drainage 6,389,964.43 Flood Control 807,477.60 Domestic Water 760,399.20 Reclaimed Water 57,168.00 Sewer 1,160,436.96 Survey Monumentation 200,160.00 Total 11,012,176.95 Diamond Bros — Lien Agreement #35753972 v3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �r„�r,�r„��cGc„�;r�,�.�c�c„c�:e„�rsxx.�c,�c•.�czccic,�,��.i�:errec�c>,cc�cic-,cccr•,erce�,cr,� cx r<: c�=rer•.�exzes 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 County of Lc) S "q< i-e 5 On _�U �"1 22, -Of 9 before me, Date tJ qn Lam - N D_trjm Here Inseh Name and Title of the Officed personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the ersonK whose name is ace — scribed to the within instrument and acknowledged to me tha hCefSb{, executed the same in hi hwol t authorized capacitylies); and that b ignatureW on the instrument the person(a�—,— or the entity upon behalf of which the person* acted, executed the instrument. NYA LAM ;�&�•. Commission # 2047502 = =w } Notary Public - California z z Los Angeles County 10 My Comm. Expires Oct 31, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h end official seal. Signa gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited - General Individual J Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: -, Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual i_ I Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 County of on Al,aLm-k- 6 , g01cz, before me, A\\ce) 'I�1o�uru, U Date Here Insert Name and Title of the Officer personally appeared l\^�OQ 4 A • _S0\nr%5,n^ - Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ey whose name(s) is/am- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/W their authorized capacity(ie4, and that by his/her/their signature(s) on the instrument the person(s), or the entity -upon behalf of which the person* acted, executed the instrument. �. JENNIFER ALLEN ,1 Commission # 1984645 < Notary Public - Cali!ornia z � 84 Riverside County a N!j Comm Expires Jul 9. 2016 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. Signature ` Signature of Notary Public Place Notary Seal Above OPTI ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _; o n Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: `i Corporate Officer — Title(s): Partner — Limited L- 1 General Individual i- . Attorney in Fact Trustee _1 Guardian or Conservator �:] Other: Signer Is Representing: Signer's Name: :1 Corporate Officer — Title(s): Partner — Limited 1 General Individual -1 Attorney in Fact Trustee 1 Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 G1TY pF' MENIFEE. -V-*;a STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 23-1361 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 4th Day of October 2023 by the following vote: Ayes: Estrada, Karwin, Sobek, Zimmerman Noes: None Absent: Deines Abstain: None