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413 <br />Councilman Granger asked if contribution by City of $6,400 to this project had <br />been deducted from the estimated construction costs. <br />Mr. Armstrong, 137 Lexington, appeared to make personal <br />protest against tearing up present sidewalks under this <br />proposed district, and felt project should be postponed <br />until new developments took place in the area. <br />Councilman Granger in answer to allegation these were accepted streets, advised <br />they never had been accepted. Councilman Bury questioned whether protests re- <br />ceived amounted to a 25% protest and was advised they amounted to about a 22% <br />protest, which did not constitute a majority protest. Councilman Bury ques- <br />tioned sidewalks now in existence and was advised by the Director of Public <br />Works no records could be found where these sidewalks had been accepted or a <br />permit for construction issued, and as the sidewalks were offgrade, it would be <br />necessary to replace them. <br />Councilman Bury asked whether those in district had been informed that the <br />assessment could be paid over a fifteen year period, and was advised such noti- <br />fication had been given. Councilman Petersen moved to close the public hearing, <br />seconded by Councilman Bury and carried. <br />Councilman Bury moved to adopt RESOLUTION NO. 5257 ORDERING IMPROVEMENTS AND <br />OVERRULING PROTESTS, LEXINGTON AVENUE AND VICINITY IMPROVEMENTS, seconded by <br />Councilman Petersen and carried on roll call vote, Councilman Rosselli <br />abstaining. <br />Councilman Petersen moved to adopt RESOLUTION NO. 5258 AWARDING CONTRACT <br />(Bragato Paving Company) LEXINGTON AVENUE AND VICINITY IMPROVEMENTS, seconded <br />by Councilman Granger and carried on roll call vote, Councilman Rosselli <br />abstaining. <br />Mayor Herkner asked that item concerning consideration of City's accepting deeds <br />for two Nob Hill lots involved in the Farm Hill diaster area be presented at <br />this time in view of those present in the audience for this discussion. <br />Councilman Rosselli moved to adopt RESOLUTION NO. 5259 AUTHORIZING ACCEPTANCE OF <br />DEEDS AND EXECUTION OF RELEASES, NOB HILL ROAD, seconded by Councilman Henderson. <br />City Clerk was asked to read proposed resolution in full which stated in part <br />that the City had been presented a proposal in the nature of a compromise between <br />the various landowners and the initial subdivider under which two homes would <br />be relocated and three homes repaired and/or relandscaped; and that it had been <br />requested that the City take title to the two lots from which the homes are <br />removed and also join in executing a general release. The Council resolving <br />for purpose of assistaing in securing relief for the owners of the properties <br />affected by the land subsidence; signifying its willingness to enter into the <br />compromise proposal by taking title to the two lots subject to certain conditions: <br />(a) title to both lots in fee simple absolute shall be furnished con- <br />currently by grant deed, the City not willing to accept title to <br />a single lot alone. (title to be furnished to the City free and <br />clear except for utility easements and original tract restriction <br />and if requiring title policy would pay for costs.) <br />