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HomeMy WebLinkAboutCC RESO 10,639RESOLUTION NO. 10,639 RESOLUTION RELEASING THE LIEN OF THE LIS PENDENS FILED IN CONNECTION WITH THE CONDEMNATION OF THE PROPERTIES OF THE CALIFORNIA-AMERICAN WATER COMPANY, ALLOWING SAN DIEGO CITY TO RELOCATE AND RECONSTRUCT A BRIDGE DAMAGED IN THE KITCHEN CREEK FIRE - JAPATUL VALLEY ROAD WHEREAS, the City of National City has heretofore instituted an action in Eminent Domain to condemn all of the Properties of the Sweetwater District of the California - American Water Company, and WHEREAS, the City of National City has recorded a Lis Pendens incorporating all of said properties with a lien to reflect the pendency of said action, and WHEREAS, the "Kitchen Creek Fire" has damaged the public bridge known as "Japatul Road Bridges" to the extent that it is necessary that the bridges be reconstructed, and WHEREAS, the County of San Diego and the California - American Water Company have agreed upon an exchange of right- of-ways to accomplish a re -alignment and reconstruction of the said Japatul Road Bridges, and WHEREAS, the Board of Supervisors of the County of San Diego have ratified said exchange of rights -of -way and requested the cooperation of the City of National City in releasing the newly acquired right-of-way from the lien of the aforementioned Lis Pendens, and WHEREAS, it is in the best interest of the citizens of National City and the citizens of San Diego County to co- operate in the construction of the above mentioned road im- provements; NOW, THEREFORE, BE IT RESOLVED that the City of National City hereby releases from the lien of the Lis Pendens heretofore recorded in conjunction with Superior Court Action No. 306441 entitled City of National City vs the California American Water Company, et al the real property described in Exhibit "A"; a copy of which is attached hereto and incorporated herein by reference as if fully set forth hereinafter; BE IT FURTHER RESOLVED that the City Attorney is authorized and directed, at an appropriate time, to amend the pleadings in the above referred to legal action to reflect the effect of this resolution. PASSED AND ADOPTED this 25th day of April, 1972. ATTEST: