City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 05/13/2025
Subject: Public Utility Easement Deed
RECOMMENDED ACTION:
This resolution accepts a Grant of a Public Utility Easement by Noosa Energy Storage, LLC, for certain real property to the City of Ripon in connection with the Battery Energy Storage System Project (1302 Frontage Road) and authorizes the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.
BACKGROUND:
The City of Ripon Planning Commission approved a conditional use permit and tentative parcel map for the development of a Battery Energy Storage System Project at 1302 Frontage Road (adjacent to the PG&E substation near Flying J’s).
As part of the project’s Conditions of Approval, a public utility easement along the frontage of the Battery Energy Storage System Project’s property is to be granted to the City of Ripon.
DISCUSSION:
This 10-foot-wide public utility easement is being granted to the City to construct, operate, and maintain infrastructure for the benefit of Battery Energy Storage System Project.
Attachments:
1. City of Ripon Easement_Signed
RESOLUTION NO. 25-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ACCEPTING A GRANT OF EASEMENT FOR PUBLIC
UTILITY EASEMENT OF CERTAIN REAL PROPERTY TO
THE CITY OF RIPON
WHEREAS, Noosa Energy Storage, LLC, herein referred to as “GRANTOR” is the owner of real property located in Ripon at 1302 Frontage Road, San Joaquin County, California 95366 described in Exhibit “A” and “B” of the Grant of Easement for Public Utility Easement attached hereto; and
WHEREAS, the Grant of Easement of the Property to the City of Ripon, herein referred to as “GRANTEE”, will further the public interest; and
WHEREAS, by execution of the Grant of Easement for Public Utility Easement attached hereto, GRANTOR conveyed the Property to the GRANTEE; and WHEREAS, the GRANTEE desires to accept the Grant of Easement for Public Utility Easement to said property to lay, construct, repair, maintain, operate, renew and replace pipelines and appurtenances incidental thereto for the conveyance of water, wastewater, electrical, stormwater and telecommunication with right of ingress and egress to and from same, in, over, under and across the easement; and
WHEREAS, Government Code section 27281 mandates that deeds or grants conveying any interest or easement upon real property to a governmental agency for public purposes shall not be accepted by the County for recordation without consent of the GRANTEE evidenced by its certificate or resolution of acceptance attached to or printed on the grant deed.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon, does hereby accept the aforementioned Grant of Easement for Public Utility Easement from GRANTOR. The Mayor is authorized to sign and execute any and all documents necessary to complete the aforementioned transaction.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of May, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk