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Signed Petition, Waiver and Consent for Annexation

Menifee City Council
January 15, 2025

Document
Signed Petition, Waiver and Consent for Annexation
Meeting
January 15, 2025
Body
Menifee City Council
Original file
596 KB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.

Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C

PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (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 (the "City"), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilites Act of 1982 (the "Act") (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance Services) (the "District") 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 maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies 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. 2017-1. 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 election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 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 California 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. The undersigned expressly waives the word limit requirement for the ballots pursuant to Section 13247 and 9051 of the Election Code.

6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 17-654, adopted by the City Council of the City on November 1, 2017 (the "Resolution of Formation"). The Resolution of Formation described the Services to be financed by Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C the District. The Rate and Method of Apportionment of the Special Tax for the District (the "Rate and Method") is included in the ballot materials provided to the undersigned for the election (the "Ballot). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (i) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and i) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, 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 annexing territory into Community Facilities District No. 2017-1 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.

IN WITNESS WHEREOF, I hereunto set my hand this 5_day of November , 20 24.

Capital Financial Group Inc,
Defined benefit pension trust dated January 1, 2016
[NAME OF LANDOWNER]
- DocuSigned by:

By: kapon Azaleria
Name: Kayver Agahnia
Title: Trustee
OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. 333-040-044
OWNER'S MAILING ADDRESS:
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS_18 DAY OF December2024.
shone Koseen
Clerk of the City Council of the
City of Menifee
Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C

PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (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 (the "City"), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act" (Government Code Section 53311 et seg.), to annex territory into Community Facilities District No. 2017- (Maintenance Services) (the District) 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.

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 maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies 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. 2017-1. 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 election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 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 California Elections Code, the California Govemment 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. The undersigned expressly waives the word limit requirement for the ballots pursuant to Section 13247 and 9051 of the Election Code.
6 The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 17-654, adopted by the City Council of the City on November 1, 2017 (the "Resolution of Formation"). The Resolution of Formation described the Services to be financed by Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C the District. The Rate and Method of Apportionment of the Special Tax for the District (the "Rate and Method") is included in the ballot materials provided to the undersigned for the election (the "Ballot"). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (i) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and ii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, 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 annexing territory into Community Facilities District No. 2017-1 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.

IN WITNESS WHEREOF, I hereunto set my hand this 5_day of November _. 20 24.

ZA Inc, Detined benefit pension trus
ated January 1. 2016: KA Menifee LL
[NAME OF LANDOWNER]
- DocuSigned by:

By: kambin Azalenia
Name: Kambiz Agate.

Title: Trustee
OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. 333-040-044
- OWNER'S MAILING ADDRESS:
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS 18 DAY OF December. 20 24.

Soone Rosen
clerk of the City Council of the
City of Menifee
Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C

PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (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 (the "City"), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance Services) (the "District" 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.

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 maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilites, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

The undersigned hereby certifies 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. 2017-1. 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 election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 or at the next available meeting.

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 California 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. The undersigned expressly waives the word limit requirement for the ballots pursuant to Section 13247 and 9051 of the Election Code.

6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 17-654, adopted by the City Council of the City on November 1, 2017 (the "Resolution of Formation"). The Resolution of Formation described the Services to be financed by Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C the District. The Rate and Method of Apportionment of the Special Tax for the District (the "Rate and Method") is included in the ballot materials provided to the undersigned for the election (the "Ballot"). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (i) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, 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 annexing territory into Community Facilities District No. 2017-1 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.

IN WITNESS WHEREOF, I hereunto set my hand this 5_day of November , 20 24.

KA Menifee, LLC, a California Limited Liability Company [NAME OF LANDOWNER]
-Docusigned by:

By: karam Assi
Name: Kaream Ass 037045E.

Title: Manager
OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. 333-040-044
OWNER'S MAILING ADDRESS:
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS 18 DAY OF@ecember. 2024
Lestone k
Clerk of the City Council of the
City of Menifee
Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C

PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (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
initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act" (Maintenance Services) (the "District) 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.

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 maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies 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. 2017-1. 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 election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 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 California 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. The undersigned expressly waives the word limit requirement for the ballots pursuant to Section 13247 and 9051 of the Election Code.
6 The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the "Services"), as specified in the Resolution No. 17-654, adopted by the City Council of the City on November 1, 2017 (the "Resolution of Formation"). The Resolution of Formation described the Services to be financed by Docusign Envelope ID: 55037F99-608E-4F6B-9102-397EF05DEA8C the District. The Rate and Method of Apportionment of the Special Tax for the District (the "Rate and Method") is included in the ballot materials provided to the undersigned for the election (the "Ballot"). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.

7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, 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 annexing territory into Community Facilities District No. 2017-1 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.

IN WITNESS WHEREOF, I hereunto set my hand this 5 _day of November _ 20 24.

AASSI International Inc Defined benei
ension trust dated January 1. 201

NAME OF LANDOWNER
- DocuSigned by:

By: karam Assi
Name: Kaream 7A881037045E
Title: Trustee
OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. 333-040-044
OWNER'S MAILING ADDRESS:
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS Lf DAY OF December 2024.

Dot mie Keseen
itv Clerk of the City Council of th
City of Menifee

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