CITY OF FAIRFIELD
RESOLUTION NO. 2026-40
AUTHORIZING THE CITY MANAGER TO CONSENT TO THE TERMINATION OF AN
EXISTING PRIVATE ACCESS AND UTILITY EASEMENT BENEFITTING ASSESSOR PARCEL NUMBER 0032-190-280
WHEREAS, an existing Declaration of Easement recorded under Document No. 200300214709 granted Assessor Parcel Number (APN) 0032-190-280 private access and utility construction or maintenance across APN 0032-190-390; and
WHEREAS, the existing Declaration of Easement requires City consent for any modification to the existing easement; and
WHEREAS, the construction of a new development project in 2021 within APN 0032-190-390 impacted the existing easement and resulted in the developer recording a new private easement between both parcel owners effectively providing the same private access and utility rights to APN 0032-190-280 within a new location; and
WHEREAS, the developer is seeking consent from the City to terminate the original Declaration of Easement after the recordation of the new private easement through a first amendment to that recorded document; and
WHEREAS, the City does not have any shared responsibility of the access road, or own any existing utilities within the original or new easement location; and WHEREAS, by the City consenting to the termination of the original Declaration of Easement the City will be relinquished from any obligations under the original Declaration of Easement and will remove the easement from the title of burdened parcel owner of APN 0032-190-390; and WHEREAS, the two parcel owners from APN 0032-190-390 and 0032-190-280 will operate in accordance with their respective rights and obligations under the new easement and any amendments following its recordation.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is authorized and directed to execute on behalf of the City of Fairfield the First Amendment to the Easement Agreement consenting to the termination of the original Declaration of Easement recorded under Document No. 200100214709.
RES. NO. 2026-40
Section 2. The city manager is hereby authorized to do all things necessary and proper to provide consent to the above-mentioned termination of an existing declaration of easement.
PASSED AND ADOPTED this 17th day of March 2026, by the following vote:
AYES: COUNCILMEMBERS: MOY / BERTANI / CARR / PANDURO /TONNESEN / SANDHU / WILLIAMS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
CITY CLERK