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496 feet to the westerly line of property now or formerly owned by David <br />A. Fegan, now or formerly known as Permanent Parcel No. 311-10-1 on the <br />tax list and maps of Cuyahoga County and assigned as its address 1087 <br />Webb Road. <br /> <br /> Section 2. Such improvement shall be made by constructing a <br />breakwall with concrete modules and end return and in accordance with <br />Resolution No.5708 adopted on the 20thday of September , 1982, and in <br />accordance with the plans, estimates and profiles heretofore approved <br />and now on file in the office of the Director of Public Works; and the <br />character of the materials to be bid upon for the construction is as <br />shown on the plans, and reference is made to said plans and specifica- <br />tions for additional information concerning the character of the <br />materials for such improvement. <br /> <br /> Section 3. That all owners of property to be assessed have <br />waived claims for damages resulting from the improvement and none have <br />been filed; but if it should be determined that any claims have been <br />filed, they shall be inquired into before the commencement of the propos- <br />ed improvement, and the Director of Law shall be, and he is hereby <br />authorized and directed to institute legal proceedings in a court of <br />competent jurisdiction to inquire into any claims so filed. <br /> <br /> Section 4. That one hundred percent (100%) of the whole cost <br /> of said improvement to be borne by the City Shall be assessed by the <br /> benefits upon all lots and lands bounding and abutting upon the proposed <br /> improvement between the termini aforesaid, which said lots and lands are <br /> hereby determined to be specially benefited by said improvement; and the <br /> cost of said improvement shall include the cost of preliminary and other <br /> surveys, plans, specifications, profiles and estimates and of printing, <br /> serving and publishing notices, resolutions and ordinances, the amount <br /> <br />-2- <br /> <br /> <br />