Agenda Item No: N.7
AGENDA REPORT
DATE: March 17, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -40 PW Consenting to the Termination of an Existing Private Access and Utility Easement
Authorizing the City Manager to Consent to the Termination of an Existing Private Access and Utility Easement Benefitting Assessor Parcel Number 0032-190-280
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
An existing easement located within the City of Fairfield, Assessor Parcel Number (APN) 0032 - 190-390, benefits APN 0032-190-280 for private access and utility construction and maintenance.
Following the construction of the new Development Center P roject, the Logistics Center at Fairfield (Project) on APN 0032 -190-390, which affects the existing easement, a new easement was recorded to relocate and replace the current easement. Pursuant to the terms of the existing easement, the City of Fairfield's approval is required for any modifications. The property owners of APNs 0032 -190-390 and 0032 -190-280 wish to terminate the existing easement and are seeking the City’s consent. It is recommended that the City Council authorize the city manager to approve the termination of the existing easement benefiting APN 0032-190-280.
DISCUSSION
On December 18, 2003, a Declaration of Easement was recorded for the Existing Easement (Existing Easement) was recorded in favor of APN 0032 -190-280 allowing for the construction, maintenance, and repair of private access and utility facilities. The Existing Easement spans across APN 0032 -190-390. The Declaration of Easement specifies that the easement shall not be modified without the written consent of the City of Fairfield.
In 2021, the P roject commenced construction within APN 0032 -190-390 and involved construction over the existing easement. As part of the conditions of development for this construction project, the developer was required to modify the existing e asement without jeopardizing access and utility rights to APN 0032-190-280.
To comply with this condition of development, the developer recorded a new easement to relocate and replace the Existing Easement, effectively providing the same easement rights f or access and for construction, maintenance, and repair of all utilities benefiting APN 0032-190-280 and was recorded with Solano County . As part of the new easement agreement, all existing utilities located within the original easement shall be relocated to the new easement.
Following the recording of the new easement, the developer drafted a first amendment to incorporate a sewer easement and to terminate the Existing Easement. This amendment stipulates that consent must be obtained from both parcel owners as well as the City of Fairfield for the termination of the Existing Easement. The City of Fairfield has been requested to provide consent to the termination of the current easement as a result of the first amendment to the new easement. The City does not own any public utilities within the existing easement and does not have the responsibility for any portion of the access road located within it.
Providing c onsent to the termination of the Existing Easement relinquishes the City from any obligations under the existing private easement. Upon the termination of the Existing Easement, the owners of parcels APN 0032-190-390 and 0032-190-280, will operate in accordance with their respective rights and obligations under the new easement and its first amendment following recordation.
FINANCIAL IMPACT
There is no financial impact on the City for relinquishing the Existing Easement.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, they may choose to defer authorization until those questions or concerns are answered by the appropriate staff.
COORDINATED WITH
N/A
STAFF CONTACT
Bryan Dumapay, Junior Engineer
(707) 428-7743
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: First Amendment to Easement Agreement
Attachment 4: Declaration of Easement (Recorded Document No. 200300214709) Attachment 5: Easement Agreement (Recorded Document No. 202100079758) Attachment 6: Easement To Be Terminated (Ref. Document No. 200300214709)