UCLA DA 140.56: Negotiation, Approval and Execution of Real Property Easements and Rights-of-Way

Date:	November 09, 2009 Print
From:	Administrative Vice Chancellor Sam J. Morabito
To:	Associate Vice Chancellor, General Services Jack Powazek
References:	UC DA 2233 (Negotiation, Approval, and Execution of Real Property Easements and Rights of Way) to Chancellors, et al, dated September 3, 2009; Regents' Standing Order 100.4(jj);
Supersedes:	UCLA DA 140.52 (Approval of Real Property Easements and Rights-of-Way) to Associate Vice Chancellor Powazek, dated 10/8/2008.

Effective as of the date above, I hereby delegate to you, in your area of responsibility, the authority to negotiate, and within the following parameters to approve and execute easements and rights-of-way (grants) for campus real property, as described in Standing Order 100.4(jj), and subject to policies and guidelines that may be established by the Office of the President, and including authority to approve and execute ancillary documents, amendments, or other modifications to any easement and right-of-way, provided that such grants:

are (i) revocable on not more than 180 days’ notice, or (ii) provide utility services exclusively to the University, regardless of revocability, or (iii) comprise not more than 5,000 square feet of University land;
are not conveyances of a fee interest in real property;
have a clear and determinable location based on a legal description with a map depicting the area, and a determination has been made by the campus planning office that the easement does not interfere with any existing or future campus land use;
do not involve the assumption by the University of liability for conduct of persons other than University officers, agents, employees, students, invitees, and guests, except that this restriction does not apply if under the agreement the University assumes responsibility for liability resulting from the condition of licensed property which the University is obliged to maintain (see Regents Standing Order 100.4(dd)(9)); and
are written on a form that has been approved by the Office of the General Counsel (OGC), and in particular contain language requiring that (i) the easement or right-of-way terminate following a period of non-use; (ii) the grantee quitclaims its interest upon termination, and (iii) the University has a unilateral right to relocate the easement or right-of-way to eliminate material interference with the University’s land use.

Easement and right-of-way agreements that do not meet these conditions must be submitted to the Office of the President, Real Estate Services Group (RESG) for approval by OGC and execution by the President. The campus shall be the office of record for original executed copies of agreements and amendments thereto made under this delegation, except that the original recorded documents shall be returned to the University, for retention by the Secretary and Chief of Staff to The Regents. The campus easement practitioner shall complete and maintain in the official easement file the attached checklist pursuant to this delegation (“Easement Checklist”).

In order that I may submit a report to RESG annually, by July 31st, you shall certify and submit to me such report listing each easement or right-of-way approved and executed pursuant to this delegation during the preceding fiscal year, including total square footage of executed agreements. The certification shall attest that all terms referenced in this delegation and Easement Checklist have been met.

This delegation is being reissued due to the reissuance of the parent OP delegation and there are numerous substantive changes to the delegation being superseded including: grants are revocable on not more than 180 days’ notice (was 120 days); grants comprise not more than 5,000 square feet of University land (was 1,000 square feet); a new Easement Checklist and annual reporting to RESG. This authority may not be further redelegated.

Attachment - Easement Checklist

cc:	Chancellor Executive Vice Chancellor & Provost Associate Vice President, Capital Resources Management General Counsel & Vice President, Legal Affairs Universitywide Policy Coordinator Manager, Administrative Policies & Delegations