RESOLUTION NO. 25-________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3,
LEGADO, OF THE CITY OF MENIFEE, DETERMINING TO PROCEED WITH
AMENDING THE RATE AND METHOD OF APPORTIONMENT AND
MODIFYINGTHE AUTHORIZED FACILITIES FOR IMPROVEMENT AREA NO. 1 WHEREAS, after a public hearing on September 21, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution Nos. 22-1222 (the “Resolution of Formation”) and 22-1223 (the “Resolution to Incur Bonded Indebtedness”) which formed Community Facilities District No. 2022-3, Legado, of the City of Menifee (the “District” or “Community Facilities District No. 2022-3”), designated two improvement areas therein (“Improvement Area No. 1” and “Improvement Area No 2”) and called a special election on September 21, 2022, within each improvement area on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by a two-thirds or more vote by the qualified electors within each improvement area on September 21, 2022; and WHEREAS, subsequent to formation, the District received separate petitions signed by Lennar Homes of California, LLC, a California limited liability company, and KL LB Buy 1 LLC, a Delaware limited liability company, which together currently own all of the taxable land within Improvement Area No. 1 to: (i) amend and restate the original rate and method of apportionment of special tax for Improvement Area No. 1 in the form attached as Exhibit A (the “Amended Improvement Area No. 1 Rate and Method”) to Resolution No. 25-1583 (the “Resolution of Consideration”) and (ii) amend the list of facilities authorized to be financed by the District with respect to Improvement Area No. 1 to include certain additional facilities necessary for the development, including, without limitation, dry utilities (such as gas, electric, telephone, data, and cable infrastructure), as set forth in Exhibit B to the Resolution of Consideration (together, the “Change Proceedings”); and WHEREAS, on June 4, 2025, the City Council, acting as the legislative body of Community Facilities District No. 2022-3, approved the Resolution of Consideration, stating its intention to consider the approval of the Change Proceedings; and
WHEREAS, on July 16, 2025, this City Council conducted a noticed public hearing to determine whether it should proceed with the approval of the Change Proceedings; and WHEREAS, at the July 16, 2025, public hearing all persons desiring to be heard on all matters pertaining to the approval of the Change Proceedings were heard and a full and fair hearing was held; and
WHEREAS, the City Council determines herein that there have been fewer than twelve registered voters residing in Improvement Area No. 1 for the period of 90 days prior to July 16, 2025, and that the qualified electors within Improvement Area No. 1 are the landowners therein; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the approval of the Change Proceedings; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, acting as the legislative body of the Community Facilities District 2022-3, Legado, does hereby determine and order as follows:
Section 1.Each of the above recitals is true and correct.
Resolution Approving Change Proceedings for CFD No. 2022-3 (Legado) 2 5
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Section 2.The City Council hereby adopts the Amended Improvement Area No. 1 Rate and Method attached as Exhibit A to the Resolution of Consideration as the rate and method for Improvement Area No. 1. Except where funds are otherwise available, it is the intention of the City Council, subject to the approval of the eligible voters within Improvement Area No. 1, to levy the proposed special taxes at the rates set forth in Exhibit A to the Resolution of Consideration on all non-exempt property within Improvement Area No. 1 sufficient to pay for (i) the facilities set forth in Exhibit B to the Resolution of Consideration (the “Facilities”) (ii) the principal and interest and other periodic costs on the bonds proposed to be issued by the District for Improvement Area No. 1 to finance the Facilities and other expenses, including the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash), administrative expenses and other expenses of the type permitted by Section 53345.3 of the Act; and (iii) the incidental expenses set forth in Exhibit B to the Resolution of Consideration (the “Incidental Expenses”). The Amended Improvement Area No. 1 Rate and Method is described in detail in Exhibit A to the Resolution of Consideration that is incorporated herein by this reference, and the City Council hereby finds Exhibit A to the Resolution of Consideration contains sufficient detail to allow each landowner within Improvement Area No. 1 to estimate the maximum amount of Special Taxes that may be levied against each parcel. The special tax in Improvement Area No. 1 shall be not be levied later than Fiscal Year 2069-2070.
Section 3.Written protests against the approval of the Amended Improvement Area No. 1 Rate and Method and the Facilities and Incidental Expenses authorized to be financed by the District with respect to Improvement Area No. 1 have not been filed by one-half or more of the landowners within Improvement Area No. 1 or by one-half or more of the registered voters within the boundaries of Improvement Area No. 1. The City Council hereby finds that the approval of the Amended Improvement Area No. 1 Rate and Method and the Facilities and Incidental Expenses authorized to be financed by the District with respect to Improvement Area No. 1 have not been precluded by a majority protest pursuant to Section 53337 of the Act.
Section 4.An election is hereby called within the boundaries of Improvement Area No. 1 on the proposition of approving the Amended Improvement Area No. 1 Rate and Method and the Facilities and Incidental Expenses authorized to be financed by the District with respect to Improvement Area No. 1. The proposition to be placed on the ballot for Improvement Area No. 1 is attached hereto as Exhibit A. Following certification of landowner votes in favor of the adoption of the Amended Improvement Area No. 1 Rate and Method and the Facilities and Incidental Expenses authorized to be financed by the District with respect to Improvement Area No. 1, the District shall record an amended notice of special tax lien for Improvement Area No. 1.
Section 5.The date of the foregoing election for Improvement Area No. 1 shall be July 16, 2025, or such later date as is consented to by the City Clerk and the landowners within Improvement Area No. 1. The City Clerk shall conduct the election. Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballots and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable.
Section 6.It is hereby found that there are no registered voters within the territory of Improvement Area No. 1, and, pursuant to Section 53326 of the Act, each landowner who is the owner Resolution Approving Change Proceedings for CFD No. 2022-3 (Legado) 3 5
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of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within Improvement Area No. 1.
Section 7.This Resolution shall be effective upon its adoption.
PASSED, APPROVED AND ADOPTED this the 16th day of July, 2025.
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Ricky Estrada, Mayor
Attest:
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Stephanie Roseen, City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney
EXHIBIT A
EXHIBIT A
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2022-3 OF THE
CITY OF MENIFEE (LEGADO)
(IMPROVEMENT AREA NO. 1)
SPECIAL ELECTION
July 16, 2025
This ballot represents ___ votes.
To vote, mark the voting square after the word “YES” or after the word “NO”. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
PROPOSITION A: Shall a special tax with an Amended
Improvement Area No. 1 Rate and Method of Apportionment as provided in Exhibit A to Resolution No. 25-1583 of the City Council of the City of Menifee for Improvement Area No. 1 of Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District”) be levied to pay for the Facilities, Incidental Expenses and other purposes described in Resolution No. 22-1222, as revised by Resolution No. 25-1583, including the payment of the principal of and interest on bonds issued to finance the Facilities and Incidental Expenses for the District?
YES
NO