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RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
City of Fairfield
100 Webster Street
Fairfield, California 94533
Attn: City Clerk
(SPACE ABOVE FOR RECORDER’S USE ONLY)
APN(s) (portions):
0150-240-010, 0150-250-030,
0150-240-050, 0150-230-010,
0150-220-080, 0028-101-120,
0028-103-020, 0031-010-080,
0031-010-130, 0031-010-140,
0033-030-730, 0033-030-740,
0033-042-090, 0033-060-350,
0033-060-430, 0033-060-400,
0033-060-060, 0033-060-390,
0033-080-080, 0033-095-160,
0033-113-060, 0034-150-070,
0034-184-230, 0034-221-200,
0170-010-200, 0170-010-190,
0170-010-120, 0166-110-170,
0166-110-180, 0166-110-150,
0166-110-140, 0166-110-100
TRAIL EASEMENT AGREEMENT
AN AMENDMENT AND RESTATEMENT OF
“GRANT OF CONSERVATION EASEMENT
WITH COVENANTS”
(LINEAR PARK)
THIS TRAIL EASEMENT AGREEMENT (the “Agreement” or “Trail Easement”), an Amendment and Restatement of that certain “Grant of Conservation Easement with Covenants,” as amended (as further described below), is dated as of _________________________, 2025 (“Effective Date”), and is entered into by and between SOLANO LAND TRUST, a California nonprofit public benefit corporation (“SLT”), and the CITY OF FAIRFIELD, a California municipal corporation (“City”).
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RECITALS
A. City is the owner of certain real property, commonly known as the “Linear Park,” located in the City of Fairfield, County of Solano, State of California, identified as portions of APNs 0150-240-010, 0150-250-030, 0150-240-050, 0150-230-010, 0150-220-080, 0028-101- 120, 0028-103-020, 0031-010-080, 0031-010-130, 0031-010-140, 0033-030-730, 0033-030-740, 0033-042-090, 0033-060-350, 0033-060-430, 0033-060-400, 0033-060-060, 0033-060-390, 0033-080-080, 0033-095-160, 0033-113-060, 0034-150-070, 0034-184-230, 0034-221-200, 0170-010-200, 0170-010-190, 0170-010-120, 0166-110-170, 0166-110-180, 0166-110-150, 0166-110-140, 0166-110-100, and more particularly depicted in Exhibit A and described in Exhibit B, both attached hereto and incorporated herein by this reference (the “Linear Park” or “Property”).
B. SLT is a nonprofit public benefit corporation organized under the laws of the State of California and recognized as a tax-exempt charitable organization under Section 501(c)(3) of the United States Internal Revenue Code with the mission of permanently protecting natural areas, working farms, and ranchlands in Solano County and connecting the community to these lands.
C. On November 13, 1990, the City Council adopted Resolution 90-311, which initiated amendments to the City General Plan (a) to delete all reference to the use of the Linear Park as an arterial roadway; and (b) to add the Linear Park to the System of Urban Recreation and Open Space and to the General Plan Diagram, which provides linkages among recreation, park, school, shopping, industrial, residential, and other activity centers of the community as an important alternative to automotive transportation.
D. City and SLT (formerly known as the Solano County Farmlands and Open Space Foundation) entered into a Grant of Conservation Easement With Covenants, dated in January 27, 1992, and recorded on January 28, 1992, in the Official Records of Solano County, California (“Official Records”), as Document No. 1992-00006978, and which was amended by an “Amendment to Grant of Conservation Easement With Covenants” dated January 29, 2002, and recorded April 11, 2003, in such Official Records as Document No. 200300056446 (as amended, the “Original Grant”). The purpose of the Original Grant, which contained a stated term of 99 years (with the ability to renew for an additional 99 years), was to maintain the Linear Park in its natural, scenic, and open-space condition for the enjoyment and recreational use of the public.
E. The parties now desire to amend and restate, and supersede and replace, the Original Grant, for the following purposes: (i) to clarify that this Agreement constitutes a trail easement rather than a conservation easement described in California Civil Code Section 815 et seq.; (ii) to identify the property that is encumbered by this Agreement (by including an improved legal description of the Property and also shortening one end of the Linear Park in response to a condemnation action); and (iii) to establish the term of the Agreement for 99 years from the Effective Date, all while remaining consistent with the purposes of the Original Grant.
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NOW, THEREFORE, based upon the foregoing recitals and mutual covenants set forth below, and other good and valuable consideration, the adequacy and sufficiency of which the parties hereby acknowledge, City and SLT hereby agree as follows:
1. Agreement. City hereby grants to SLT a trail easement as described in this Agreement on, upon, over, across, above, and under the Linear Park and relinquishes to SLT City’s right to construct improvements thereon, except such improvements as are consistent with the use of the Linear Park for recreational and open-space uses and such improvements as are necessary to provide street crossings of the Linear Park for motor vehicles, pedestrians, and bicycles; provided, however, that the foregoing grant and relinquishment as well as the remainder of this Agreement are subject and subordinate to all title matters of record and all title matters that would be disclosed by an inspection of the Linear Park. Additionally, SLT accepts the Linear Park in its current “AS-IS” physical condition, without representation or warranty, express or implied. The parties acknowledge and agree that this Agreement amends and restates, and supersedes and replaces, the Original Grant.
2. Conservation Values and Purpose. The Linear Park provides key linkages among recreational, park, school, shopping, industrial, residential, and other community activity centers that provide an alternative to automotive vehicle routes. Along the trail, there are areas with natural, scenic, and open-space character for the enjoyment and use of the public for park, recreational, and open-space purposes. These linkages, the area’s character, and its recreational uses comprise the “Conservation Values” of the Linear Park. The purpose of this Agreement and the trail easement it creates is to protect the Conservation Values of the Property.
3. Present Conditions Report. These Conservation Values and the condition of the Linear Park are documented in a Present Conditions Report, which consists of reports, maps, photographs, and other documentation, and which provides an accurate, though nonexclusive, representation of the Property as of the Effective Date of this Agreement. One of the purposes of the Present Conditions Report is to serve as a baseline for monitoring compliance with the terms of this Agreement. As attested on the Present Conditions Report Acknowledgement, which is attached hereto as Exhibit C and incorporated herein by this reference, City and SLT acknowledge that the Present Conditions Report is an accurate representation of the condition of the Property as of the Effective Date of this Agreement. The Present Conditions Report is intended to supplement any information related to the Linear Park that was compiled as of the conveyance of the Original Grant and may be used to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the effective date of the Original Grant or the Effective Date of this Agreement.
4. Property Subject to Trail Easement. The property subject to this Agreement is depicted in Exhibit A (“Map of Trail Easement Property”) and described in Exhibit B (“Legal Description of Trail Easement Property”).
5. Term. The term of this Agreement begins on the Effective Date and ends at 11:59:59 p.m. Pacific Time on the date that is 99 years from the Effective Date. At the discretion of the parties, it may thereafter be renewed for an additional term as mutually agreed upon by the parties.
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6. Covenants. City covenants and agrees that City:
a. shall not erect, construct, place, or maintain or permit the erection, construction, placement, or maintenance of any improvement, building, or structure on the Linear Park, except for improvements that are: (i) for recreational and open-space uses; (ii) necessary to provide street crossings for motor vehicles, pedestrians, and bicycles; (iii) for the purpose of installation and maintenance of landscaping; (iv) for the purpose of installation or maintenance of underground utilities; or (v) otherwise consistent with the use of the Linear Park for park, recreational, and open- space purposes;
b. shall not use or permit the use of the Linear Park for any purpose except as open space or for park purposes consistent with the stated purposes, terms, conditions, restrictions, and covenants of this Agreement; c. shall not convey all or any portion of the Linear Park unless such conveyance is subject to the restrictions placed on the use of the Linear Park by this Agreement; and
d. shall monitor the Linear Park to ensure that its employees, contractors, or agents or unrelated third parties are not performing any of the prohibited uses referenced above.
For purposes of this Section 6, construction of improvements necessary to provide motor vehicle, pedestrian, and bicycle crossings of the Linear Park shall not be deemed or construed to be inconsistent with the use of the Linear Park for park, recreation, and open-space purposes. At least fifteen (15) business days prior to the construction of any improvement (other than landscaping or for the purpose of utility maintenance) within the Linear Park, City shall notify SLT in writing as provided herein to provide SLT with sufficient detail as to the proposed construction to allow SLT to confirm the consistency of such construction with the terms of this Agreement.
7. City’s Retained Rights. City retains all interests not transferred and conveyed by this Agreement, including the right to engage in any use of the Property that is not affected or prohibited by this Agreement or prohibited by law.
8. Stewardship. SLT will monitor this Agreement to ensure compliance with terms and conditions of this Agreement. SLT’s responsibilities shall be to:
a. conduct a site visit(s) of all or a portion of the Property at least annually to confirm if the Linear Park is being used only for the purposes identified herein and to identify any readily observable changes from the conditions documented in the Present Conditions Report;
b. notify City in writing at least five (5) business days before conducting a site visit, except in emergency circumstances where a violation or threatened
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violation of this Agreement is suspected, in which case SLT will notify City as soon as reasonably feasible under the circumstances;
c. allow City representatives to be present during SLT’s site visit; d. prepare and submit to the City Manager a monitoring report on the status of the Agreement at least once annually; and
e. notify City of any conditions or activities that may be in violation of the Agreement.
9. Enforcement. City hereby grants to SLT for the term of this Agreement the right (but not the obligation, except as provided in Section 8 above) to (i) enter the Linear Park to inspect, observe, and study the Property for the purposes of (1) identifying the condition of, and uses and practices occurring on, the Property; and (2) monitoring those uses and practices to determine whether they are consistent with the terms and conditions of this Agreement; (ii) prevent or prohibit, with court approval, any activity that is contrary to the stated purposes, terms, conditions, restrictions, or covenants of this Agreement; and/or (iii) otherwise enforce the terms of this Agreement pursuant to any and all available remedies at law or in equity. a. Enforcement of the terms of this Agreement is at the sole and absolute discretion of SLT. Any forbearance by SLT to exercise its rights under this Agreement shall not be deemed or construed to be a waiver by SLT of such term or of any of SLT’s rights under this Agreement. No delay or omission by SLT in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. No forbearance or waiver by SLT of any default or breach, whether intentional or not, shall be deemed to extend to any prior or subsequent defaults or breaches, not shall it affect in any way any rights arising by virtue of any prior or subsequent occurrence.
b. The stated purpose, terms, conditions, restrictions, and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the County of Solano, State of California. c. There are no contractual third-party beneficiaries of this Agreement that are entitled to enforce this Agreement.
10. Amendment or Abandonment. This Agreement shall not be rescinded, altered, amended, or abandoned in whole or in part as to the Property or any portion thereof or as to any term, condition, restriction, or covenant without the prior written consent of SLT. If this Agreement is amended by an agreement in writing signed by the parties hereto, such amendment shall be recorded in the Official Records of Solano County.
11. Runs with the Land. The parties acknowledge that since the term of this Agreement is not perpetual, it is not a conservation easement under California Civil Code Section 815 et seq.; nevertheless, the parties agree to be bound by this Agreement and the parties expressly intend and agree that this Agreement shall encumber, bind, and run with the land with respect to the Property affected by this Agreement (i.e., the Linear Park), and that this
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Agreement shall inure to the benefit of and bind successors to any portion of or interest in such property, and that this Agreement is being recorded in the Official Records of the County of Solano to give actual and constructive notice of its contents, including the trail easement granted hereby.
12. Attorneys’ Fees. If there is any legal action, arbitration, or proceeding between the parties arising from or based on this Agreement or the interpretation or enforcement of any provisions hereof, then the unsuccessful party to such action, arbitration, or proceeding shall pay to the prevailing party all costs and expenses, including reasonable attorneys’ fees, incurred by such prevailing party in such action, arbitration, or proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such action, arbitration, proceeding, or appeal, then such costs, expenses, and attorneys’ fees shall be included in and as a part of such judgment. For purposes hereof, the “prevailing party” shall be the party that recovers substantially the relief sought by said party, whether by judgment, settlement, dismissal, or otherwise, in connection with any such action, proceeding, or arbitration. If the services of an attorney are required by any party to enforce a judgment rendered in connection with this Agreement, the judgment creditor shall be entitled to reasonable attorneys’ fees, costs, and other expenses, and such fees, costs, and expenses shall be recoverable as a separate item. This provision shall be severable from all other provisions of this Agreement, shall survive any judgment, and shall not be deemed merged into the judgment.
13. Notices. All notices, requests, or demands herein provided to be given or made, or which may be given or made by either party to the other, shall be given or made only in writing, properly addressed, postage prepaid by (i) first-class U.S. mail; (ii) certified mail, return receipt requested; or (iii) overnight courier service. Any notice shall be deemed delivered on the date of delivery (or attempted delivery) shown on the return receipt or receipt confirmation, if applicable, or three (3) business days after depositing in the U.S. mail. Notwithstanding the prescribed method of delivery, actual receipt of written notice by a party designated below shall constitute notice given in accordance with this Agreement on the date received, unless deemed earlier given pursuant to the foregoing method of delivery. The proper address to which notices, requests, or demands may be given or made by either party shall be the address set forth below or such other address as any party (or its successor or successor in interest) shall designate in a notice given under this Section. In the event either party wishes to notify the other more rapidly, such party may send notice by electronic mail (“email”) to the email address set forth below (as updated as provided herein), so long as such party promptly follows such email with written notice as provided in this Section.
If to SLT: Solano Land Trust
198 Dobbins St., Suite A
Vacaville, CA 95688
Attn: Executive Director
Email: [email protected]
If to City: City of Fairfield
100 Webster Street
Fairfield, CA 94533
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Attn: David Gassaway, City Manager
Email: [email protected]
14. Severability. If any provision of this Agreement proves to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected by such finding, and in lieu of each provision of this Agreement that is illegal, invalid, or unenforceable, a provision will be added as a part of this Agreement as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
15. Governing Law. This Agreement will be governed by and construed pursuant to the laws of the State of California.
16. Entire Agreement. This Agreement is intended to be the entire agreement of the parties with respect to the subject matter hereof. All prior negotiations and written and contemporary oral agreements between the parties with respect to the transactions contemplated by this Agreement, including but not limited to the Original Grant, are merged in this Agreement.
[Signatures appear on next page.]
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IN WITNESS WHEREOF, City and SLT have executed this Agreement as of the date set forth above.
CITY:
CITY OF FAIRFIELD,
a California municipal corporation
By:
Print Name:
Its: Mayor
ATTEST:
, City Clerk
SLT:
SOLANO LAND TRUST,
a California nonprofit public benefit corporation
By:
Print Name:
Its: Executive Director
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ACKNOWLEDGEMENT
State of California )
County of ____________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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ACKNOWLEDGEMENT
State of California )
County of ____________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
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ACKNOWLEDGEMENT
State of California )
County of ____________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
Exhibit A
EXHIBIT A
Map of Trail Easement Property
(Attached)
Exhibit B
EXHIBIT B
Legal Description of Trail Easement Property
(Attached)
Exhibit B: Description of Linear Park
The Linear Park Trail Easement encumbers 73.78 acres made up of 33 parcels in the City Fairfield, County of Solano, California, as follows:
Location of Parcels. The location of each of the parcels, identified by its Assessor’s Parcel Number (APN), is shown on Maps A through I (attached).
Deed References. Each of the parcels is owned by the City of Fairfield. The ownership of the parcels is established in multiple deeds, listed below.
1973/1801/79/#1014: Grant Deed to City of Fairfield, Book 1801, Page 79; #1014, dated Jan. 15, 1973
1973/1825/314/#11358: Director’s Deed to City of Fairfield, Book 1825, Page 314, #11358, dated May 10, 1973
1977/7378/#4303: Deed to City of Fairfield, Page 7378; #4303, dated Feb. 4, 1977 1977/45955/#26964: Final Order of Condemnation, Page 45955; #26964, dated June 14, 1977 1977/88619/#51788: Individual Grant Deed to City of Fairfield, Page 88619, #51788, dated Nov. 16, 1977
1979/96862/#57508 Director’s Deed to City of Fairfield, Page 96862, #57508, dated Nov. 8, 1979 1986/32881/#6587: Corporation Grant Deed to City of Fairfield, Page32881, #6587, dated Feb. 11, 1986
1987/161744/#79530: Quitclaim Deed to City of Fairfield, Page 161744, #79530, dated Nov. 30, 1987
1988/78701/#37325: Director’s Deed to City of Fairfield, Page 78701, #37325, dated June 30, 1988 The following list identifies the APNs from west to east, the acreage of each, the letter of the map on which the APN is depicted, and the deed covering its ownership by the City of Fairfield.
APN Acreage Map ID Deed Reference
0150-240-010 3.79 A 1973/1801/79/#1014
0150-250-030 1.44 B 1973/1801/79/#1014
0150-240-050 2.45 B 1973/1801/79/#1014
0150-230-010 0.66 B 1973/1825/314/#11358
0150-220-080 0.65 B 1977/88619/#51788
0028-101-120 1.37 C 1973/1801/79/#1014
0028-103-020 2.20 C 1973/1801/79/#1014
0031-010-080 3.80 C 1973/1801/79/#1014
0031-010-130 2.80 C 1977/45955/#26964
0031-010-140 2.18 C 1977/45955/#26964
0033-030-730 0.80 D 1979/96862/#57508
0033-030-740 1.35 D 1973/1801/79/#1014
0033-042-090 1.32 D 1973/1801/79/#1014
APN Acreage Map ID Deed Reference
0033-060-350 0.10 E 1973/1801/79/#1014
0033-060-430 0.67 E 1973/1801/79/#1014
0033-060-400 0.20 E 1973/1801/79/#1014
0033-060-060 0.40 E 1977/7378/#4303
0033-060-390 0.61 E 1973/1801/79/#1014
0033-080-080 0.74 E 1986/32881/#6587
0033-095-160 2.22 F 1973/1801/79/#1014
0033-113-060 2.38 F 1973/1801/79/#1014
0034-150-070 2.59 G 1973/1801/79/#1014
0034-184-230 2.06 G 1973/1801/79/#1014
0034-221-200 1.17 G 1973/1801/79/#1014
0170-010-200 3.67 H 1988/78701/#37325
0170-010-190 2.61 H 1988/78701/#37325
0170-010-120 7.53 H 1988/78701/#37325
0166-110-170 2.23 I 1988/78701/#37325
0166-110-180 0.04 I 1988/78701/#37325
0166-110-150 4.79 I 1988/78701/#37325
0166-110-140 3.34 I 1988/78701/#37325
0166-110-100 3.49 I 1988/78701/#37325
Total Acreage 73.78
Exhibit C
EXHIBIT C
Acknowledgement of Present Conditions Report
Solano Land Trust (“SLT”) and City of Fairfield (“City”) hereby acknowledge they each have received a copy of a Present Conditions Report dated April 10, 2025, prepared by Solano Land Trust staff members. By signing below, City and SLT accept and acknowledge the Present Conditions Report is an accurate representation of the condition of the Property as of the Effective Date of the Trail Easement Agreement. City and SLT both agree to retain a copy of the Present Conditions Report in their respective files.
CITY:
CITY OF FAIRFIELD,
a California municipal corporation
By:
Print Name:
Its: Mayor
SLT:
SOLANO LAND TRUST,
a California nonprofit public benefit corporation
By:
Print Name:
Its: Executive Director
Present Conditions Report:
Linear Park
Trail Easement
Solano County, California
April 10, 2025
Prepared by:
SOLANO LAND TRUST
198 Dobbins, STE A
Vacaville, CALIFORNIA 95688
707-432-0150
TABLE OF CONTENTS
Contents
Cover Page
1. Purpose of Present Conditions Documentation Report .......................................................... 2
2. Directions to Property (Figure 1) ............................................................................................. 2
3. Introduction ............................................................................................................................. 3
3.1 Conservation Purpose and Values ............................................................................................. 4
4. Property Overview and Ownership.......................................................................................... 4 Table 1. List of 32 parcels owned by the City of Fairfield encumbered by the Trail Easement ....... 4
5. Property Description and Use .................................................................................................. 4
5.1 Property Description .................................................................................................................. 4
5.2 Current Use and Improvements ................................................................................................ 4
5.3 Roads/Crossings: ........................................................................................................................ 5
6. Surrounding Land Uses ............................................................................................................ 5
7. Summary of Rights and Restrictions ........................................................................................ 5
8. Photo Documentation .............................................................................................................. 5 Figure 2. Maps of photo point locations/Photo locator ................................................................. 9 Table 2. Descriptions of photopoint locations/photo locator…………………………………………………….14 Appendix 1. Report Photos
Appendix 2. Plat maps
Appendix 3. Recorded Amended and Restated Trail Easement
1. Purpose of Present Conditions Documentation Report
The purpose of this Present Conditions Documentation Report (Report) is to provide an accurate, though nonexclusive, representation of the Linear Park Trail Easement as of the date of the 2024 Amended and Restated Trail Easement’s recordation. The 1992 Deed of Conservation did not have a Baseline or Present Conditions report created to accompany that document. Therefore, this Report has been created as a reference. It is intended to serve as present conditions for monitoring compliance with the terms of the 2024 Amended and Restated Trail Easement held by Solano Land Trust (SLT). The Report may be used to establish that a change in the use or character of the properties has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of the Easement.
The Report is not a substitute for and does not supersede or amend the original or Amended and Restated Trail Easement, and the summary of the Easement terms contained herein are solely for the convenience of the parties hereto, are not a part of the Amended and Restated Trail Easement and shall not be used for the interpretation or determination of the validity of the Amended and Restated Trail Easement or any provision thereof. The terms of the Amended and Restated Trail Easement shall prevail over this Report and shall control in the event of conflict. A conformed copy of the recorded trail easement is attached as Appendix A.
The information in this report is compiled from documents held by SLT, other existing information, and from field investigations conducted by Solano Land Trust staff in March and April of 2025.
2. Directions to Property
To reach the Linear Park Trail Easement at the Southwest end of the trail, from Interstate 80 take exit 44A for Suisun Parkway toward Abernathy Road. Turn right on Abernathy Road, right on Rockville Road, then turn right on Chadbourne Road. The trail is accessible from the dead end of Chadbourne Road.
There is no public parking at this site. The portion of the trail encumbered by this Trail Easement begins here.
Improvements run Northeast into the City of Fairfield, ending at Dover Avenue in Fairfield, California.
The trail picks up again at Clay Bank Road, ending at Peabody Road. A portion of the trail has public access and recreational improvements and those run from Chadbourne Road to Dover Avenue and then again from Clay Bank Road to Portland Drive. (See Figure 1)
Figure 1: Regional Location Map
3. Introduction
The Linear Park Trail Easement in the Restated and Amended document encumbers 65.65 acres made up of 32 parcels in Fairfield, CA. In 1990 the City of Fairfield added Linear Park to its System of Urban Recreation and Open Space rather than using the abandoned railroad right-of-way as an arterial roadway. SLT and the City entered into a 99-year easement agreement in 1992 to maintain Linear Park in its natural, scenic and open-space condition for the enjoyment and recreational use of the public. The agreement was amended in 2002 to adjust the boundary of Linear Park to reflect a change of a property line with an adjacent land owner (a veterinary office).
In 2009 the City reported to SLT’s board that the southwest end of Linear Park along I-80 was going to be closed due to Solano Transportation Authority westbound truck scales project and public access no longer would be permitted through the area. The City offered to exchange the affected segment of Linear Park (approximately 8 acres) with an area of approximately the same acreage at the northeast end of the park near the planned new train station. This was later reversed by current City leadership in 2024 with the acceptance of the Solano Transportation Authority eminent domain offer to purchase the land at an 80/20 split of the fair market apprised value of the removed land. The City of Fairfield will receive 80% of the land value at $56,560 and SLT will receive 20% at $14,140. The Trail Easement will
now consist of those parcels listed in the Amended and Restated Trail Easement and this Conditions Report.
3.1 Conservation Purpose and Values
The Linear Park provides key linkages among recreational, park, school, shopping, industrial, residential and other community activity centers that provide an alternative to automotive vehicle routes. Along the trail, there are areas with natural, scenic, and open-space character for the enjoyment and use of the public for park, recreational, and open-space purposes. These linkages, the area’s character, and its recreational uses comprise the “Conservation Values” of the Linear Park. The purpose of this Agreement and the trail easement it creates is to protect the Conservation Values of the Property.
4. Property Overview and Ownership
Table 1: List of 32 parcels owned by the City of Fairfield encumbered by the Trail Easement Assessor’s parcel numbers
0028-101-120 0034-184-230 0028-103-020 0034-221-200
0031-010-080 0150-220-080 0031-010-130 0150-230-010
0031-010-140 0150-240-010 0033-030-730 0150-240-050
0033-030-740 0150-250-030 0033-042-090 0034-150-070
0033-060-060 0166-110-100 0033-060-350 0166-110-140
0033-060-390 0166-110-150 0033-060-400 0166-110-170
0033-060-430 0166-110-180 0033-080-080 0170-010-120
0033-095-160 0170-010-190 0033-113-060 0170-010-200
Acreage 65.65 acres approx.
Owner City of Fairfield, CA
Current land use Governmental/Miscellaneous
Structures or other
improvements
Portions of the trail have concrete walking and biking paths along with varying landscapes and community art pieces.
5. Property Description and use
5.1 Property Description
The property was created as a public walking and bike path running northeast through the City of Fairfield. Portions of the trail have concrete walking and biking paths along with varying landscapes and community art pieces. These improvements run from the Chadbourne Road area to Dover Avenue. Then a portion running from Clay Bank Road to Peabody Road.
5.2 Current Use and Improvements
The parcels that make up the Liner Park Trail Easement start at or near Chadbourne Road north of Interstate 80 and continue northeast across the City of Fairfield, Ca. following the old Pacific Railroad train tracks ending at Peabody Road in the City of Fairfield, Ca. A portion of the trail has public access and recreational improvements and those run from Chadbourne Road to Dover Avenue and then again from Clay Bank Road to Portland Drive with-in the master plan of, The Villages Fairfield. While the remaining portion of City owned parcels do not include improvements.
5.3 Roads/Crossings:
• Rockville Road and Interstate 80
• Beck Avenue
• Fifth Street
• Second Street
• Travis Boulevard at Pennsylvania Street
• Fairfield Avenue
• Union Street
• N. Texas Street at Tabor Street
• Dover Avenue (improvements end)
• Horizon Circle
6. Surrounding Land Uses
Adjacent to the linear Park trail easement areas, primary land uses are residential, commercial and agricultural.
7. Summary of Rights and Restrictions
The rights and restrictions for use of the Property are summarized below. This summary is not a substitute for and does not supersede or amend the original Trail Easement, the terms of which shall prevail over this summary. For a complete and detailed description of the rights and restrictions see the attached Agricultural Conservation Easement. All of the rights and restrictions are held in perpetuity.
Covenants. City covenants and agrees that City:
a) shall not erect, construct, place, or maintain or permit the erection, construction, placement, or maintenance of any improvement, building, or structure on the Linear Park, except for improvements that are: (i) for recreational and open-space uses; (ii) necessary to provide street crossings for motor vehicles, pedestrians, and bicycles; (iii) for the purpose of installation and maintenance of landscaping; (iv) for the purpose of installation or maintenance of underground utilities; or (v) otherwise consistent with the use of the Linear Park for park, recreational, and open-space purpose
b) shall not use or permit the use of the Linear Park for any purpose except as open space or for park purposes consistent with the stated purposes, terms, conditions, restrictions, and covenants of this Agreement; and c) shall not convey all or any portion of the Linear Park unless such conveyance is subject to the restrictions placed on the use of the Linear Park by this Agreement; and
d) shall monitor the Linear Park to ensure that its employees, contractors, or agents or unrelated third parties are not performing any of the prohibited uses referenced above.
For purposes of this Section 6, construction of improvements necessary to provide motor vehicle, pedestrian, and bicycle crossings of the Linear Park shall not be deemed or construed to be inconsistent with the use of the Linear Park for park, recreation, and open-space purposes. At least fifteen (15) business days prior to the construction of any improvement (other than landscaping or for the purpose of utility maintenance) within the Linear Park, City shall notify SLT in writing as provided herein to provide SLT with sufficient detail as to the proposed construction to allow SLT to confirm the consistency of such construction with the terms of this Agreement.
8. Photo Documentation
Photo documentation is provided to illustrate the current condition of the Linear Park Trail Easement property. Figure 2 provides map/s of the photo point locations. The maps are followed by Table 2, which provides details of the photo point locations and the photo point photos themselves. It is recommended that the monitors re-shoot all photos every 5 years or as needed. On-site photographs were taken in January and February of 2016. The portion of the trail easement starting at Clay Bank Road and ending at Peabody Road need photos taken. Below each photo is a description of the general content and any noteworthy landmarks that will help in re-shooting the photos in subsequent monitoring visits. These photo files are saved electronically in the JPEG file format on the SLT server. To locate photo points, monitors will use a combination of the photo point location map (Figure 2), the photo locator table (Table 2), and the photos themselves. The photo locator Table 2 describes the locations of photo points 1-22.
Figure 2- Maps of photo point locations/photo locator maps A-I I 80
EB I80
AUTO
MALL PKWY RALEIGH DR
WOOLNER AV
WB I80
RALEIGH CT
BARLOW CT
ROCKVILLE RD
CHADBOURNE RD
0150240010
Legend
Linear Park (Owned by Fairfield)
Map A
AUTO MALL PKWY
ROCKVILLE RD
ROCKVILLE RD
I 80
MIDWAY RD
WB I80
EB I80
AUTO MALL PKWY
I 80
LOZANO
LN
SERRANO DR
WB I80
HAMILTON DR
0150240050
0150250030
0150230010
0150220080
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map B
OLIVER RD
HARTFORD AV
W TEXAS ST
GATEWAY CT
GATEW
AY
BL
TRAVIS BL
HO
LIDAY
LN
BECK
AV
WB I80
KENTUCKY ST
LINEAR PARKPATHWAY
MICHIGAN ST
EMPIRE ST
SHELBY DR KANSAS STNEW HAMPSHIRE ST
MINNESOTA ST
EB I80
W
ILKIE
ST
BOYNTON AV
W
ALLACE
ST
INDIANA ST
EB I80
VIRGINIA ST
YORK ST
VERMONT ST
IDAHO ST
HAYES ST
VAN BUREN ST
HAWAII ST
HARDING
STRO
OSEVELT
ST
PIERCE STJOHNSON STBUCHANAN STI 80
FIRST STSECOND
ST
FIFTH ST
TRUMAN ST
UTAH ST
FOURTH ST
THIRD ST
NEW
JERSEY
ST
WARREN
ST
0031010130
0031010130
0031010080
0028103020
0028101120
0031010140
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map C
DANA
DR
FAIRFIELD AV
LINEAR PARK PATHWAY
PENNSYLVANIA AV
MAYBERRY CT
B GALE WILSON BL
RICHARDS CT
0033042090
0033030730
0033030740
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map D
UNION AV
FAIRFIELD AV
LINEAR PARK PATHWAY
COVENTRY LN
BRANSFORD CT
0033060060
0033060430
0033060350
0033060400
0033060390
0033080080
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map E
LINEAR PARK PATHWAYUNION AV
ACACIA ST
APPLE TREE LN
ELM
ST SYCAMORE DR
N TEXAS ST
TABOR AV
COTTONWOOD DR
SH
ERW
OOD
CT
CLAY ST
0033095160
0033113060
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map F
N TEXAS ST
E TABOR AV
KIDDER AV
E PACIFIC AV
LINEAR PARK PATHWAY
SANTA
ANA
DR
SAN LORENZO ST
SANTA BARBARA WY
SANTA CRUZ CTSANTA ANA CT
SAN
ANGELO
ST
SAN TOMAS ST
SANTA
ROSA
ST
DOVER
AV
SANTA
FE
ST
SANTA CRUZ DR
SAN GABRIEL ST
SAN SALVADOR ST
SAN LUIS ST
0034221200
0034184230
0034150070
Legend
Linear Park Parcels
Linear Park (Owned By Fairfield)
Map G
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri,
USGS, NOAA
Legend
Linear Park (Owned By Fairfield)
CLAYBANK rD
MANUEL CAMPOS PKWY
CEMENT HILL RD
0170010200
0170010190
0170010120
0166110170
Map H
Google Map Claybank Rd
to Cross Rd
CROSS AVE
.
WALTERS RD
RASMUSEN WAY
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community, Sources: Esri,
USGS, NOAA
Legend
Linear Park (Owned By Fairfield)
0166110170
0166110180
0166110140
066110100
Map I
CEMENT HILL RD
PEABODY RD
WALTERS RD
HUCK RD
GOOGLE MAP
WALTERS RD
TO PEABODY
RD
Table 2. Descriptions of photo point locations/Photo locator/
Photo
Point
Number
Photo Point Description:
from pathway
GPS Markers Photos Description: from
pathway
1 Chadbourne Rd and
SVFGA yard looking east
38°14'38.34"N
122° 5'3.30"W
I80 on right looking east,
SVFGA yard on left
2 From Chadbourne Rd
walk east 1000 ft,
looking east
38°14'42.94"N
122° 4'52.37"W
Walk east 1000 ft, looking
east, I80 on right, pasture and
chain-link fence on left
3 Behind Sikh Temple
looking east
38°14'47.08"N
122° 4'42.40"W
I80 on right, chain-link fence
on left
4 Lozano Lane looking
east
38°14'55.32"N
122° 4'23.74"W
Looking west, I80 on left,
chain-link fence on right,
Apartments on right
5 From bridge looking
west
38°14'55.38"N
122° 4'22.17"W
Looking west, I80 on left
6 Bridge looking east 38°14'55.38"N
122° 4'22.17"W
West side of bridge looking
east across
7 Rockville and I80 looking
west
38°14'58.66"N
122° 4'15.31"W
Looking west with Rockville
Rd to my back
8 Through over pass at I80
looking east
38°15'2.13"N
122° 4'7.15"W
Looking east business parking
lot on right
9 At Beck Ave. looking
east
38°15'5.97"N
122° 3'58.67"W
Looking east over Beck Ave,
residential on both sides
10 At Fifth Street looking
east
38°15'13.96"N
122° 3'40.78"W
Looking east over Fifth St.
residential on both sides
11 At Second Street
looking east
38°15'22.27"N
122° 3'21.91"W
Looking east over Second St
residential on both sides
12 At Pennsylvania Ave
looking west
38°15'28.41"N
122° 3'8.54"W
Looking west with
Pennsylvania to my back
13 At Pennsylvania Ave
looking east
38°15'31.83"N
122° 2'59.12"W
Looking east with businesses
on both sides
14 Fairfield Ave. looking
west
38°15'38.72"N
122° 2'43.11"W
Looking west with residential
on both sides
15 Fairfield Ave looking
east
38°15'39.56"N
122° 2'42.51"W
Looking east with residential
on both sides
16 At Union Ave. looking
west
38°15'46.33"N
122° 2'26.16"W
Looking west with cemeteries
on both sides.
17 At Union Ave. looking
east
38°15'46.44"N
122° 2'25.46"W
Looking east with residential
on both sides
18 At N Texas St. and Tabor
Ave. looking west
38°15'56.34"N
122° 2'3.64"W
Looking west with businesses
on both sides at large
intersection to my back
19 At N Texas St. and Tabor
Ave. looking east
38°15'56.83"N
122° 2'2.71"W
Looking east from
intersection
20 At Dover Ave. looking
west
38°16'10.99"N
122° 1'30.21"W
Looking west at end of
improvements.
21 Google Earth picture
May 2024 Clay Bank Rd
to Cross Rd
SLT will update this
section at the 2024
monitoring visit.
Photos to come from 2024
annual monitoring visit.
22 Between Cross and
Walters Road on the SW
and to Peabody Road at
the NE end of the Trail.
Will need update
once improvements
take place.
No photos
Photo Point #1 Chadbourne Rd and SVFGA yard looking east
Photo Point #2 From Chadbourne Rd walk east 1000 ft, looking east
Photo Point #3 Behind Sikh Temple looking east
Appendix 1. Report Photos
Photo Point #4 Lozano Lane looking east
Photo Point #5 From Bridge looking west
Photo Point #6 Bridge looking east
Photo Point #7 Rockville and I80 looking west
Photo Point #8 through overpass at I80 looking east
Photo Point #9 At Beck Ave. looking east
Photo Point #12 At Fifth Street looking east
Photo Point #11 At Second Street looking east
Photo Point #12 At Pennsylvania Ave looking west
Photo Point #13 At Pennsylvania Ave looking east
Photo Point #14 Fairfield Ave. looking west
Photo Point #15 Fairfield Ave looking east
Photo Point #16 At Union Ave. looking west
Photo Point #17 At Union Ave. looking east
Photo Point #18 At N Texas St. and Tabor Ave. looking west
Photo Point #19 At N Texas St. and Tabor Ave. looking east
Photo Point #20 At Dover Ave. looking west
Photo Point #21 Google Earth picture April 2025 Clay Bank Rd to Walters Rd
Photo Point #22 Google Earth picture April 2025 Walters Rd to Peabody Rd
Appendix 2: Linear Park Plat Maps
Appendix 3. Recorded- Restated and
AmendedTrail Easement