04 ATTACHMENT 6 - Laserfiche WebLink

PAGE 17 In other words, the landscaping Improvements maintained by the proposed Assessments specially benefit the properties within the Maintenance District, but other nearby improvements primarily benefit other proximate properties. Nonetheless,there are certain properties that are outside the boundaries of the Maintenance District that may benefit from the landscape improvements. A total of no more than 10 proximate parcels have been identified that receive some special benefit from the improvements including improved views, proximity and/or access, but do not receive extension of outdoor areas nor the special benefit of parcel creation. Since these adjacent properties only receive a 3 of the 5 major special benefits, a 60% factor is applied. Total General Benefit to Properties Outside of the District= 5.4%: Assumptions: 10 parcels outside and adjacent to the District 101 parcels in the Maintenance District Calculation General Benefit to Property outside the Improvement District= (10/(10+ 101))*60%=5.4% Although it can reasonably be argued that Improvements inside, but near the Maintenance District boundaries are offset by similar landscape improvements provided outside, we use the more generous approach of finding that 5.4% of the Improvements may be of benefit to property outside of the Maintenance District. BENEFIT TO PROPERTY INSIDE THE DISTRICT THAT IS INDIRECT AND DERIVATIVE=0% The"indirect and derivative" benefit to property within the Maintenance District is particularly difficult to calculate. A solid argument can be presented that all benefit within the Maintenance District is special, because the Improvements are clearly"over and above"and "particular and distinct" when compared with the unique proximity, access and views of the Improvements enjoyed by benefiting properties in the Maintenance District. Nevertheless, the SVTA decision indicates that there may be general benefit"conferred on real property located in the district."A measure of the general benefits to property within the Maintenance District is the percentage of land area within the Maintenance District that is publicly owned, open to the public, and used for regional purposes such as major roads, rail lines, hospitals, and other regional facilities because such properties, while physically within the Maintenance District, are used for regional purposes and could provide indirect benefits to the public at large. In this case, essentially 0% of the land area is used for such regional purposes. Cm/ov PIEASAN7oN LIGHTING&LANDSCAPE MAINTENANCE DISTRICT NO.1995-1,MOLLER RANCH SC IConsultingGroup ENGINEER'S REPORT,FISCAL YEAR 2019-20