|UCLA DA 140.58: Negotiation, Approval and Execution of Real Property Easements and Rights-of-Way|
November 13, 2009
|From:||Executive Director, Campus Service Enterprises Bradley A. Erickson|
|To:||Director, Real Estate Wayne Brandt|
|Supersedes:||UCLA DA 140.54 (Approval of Real Property Easements and Rights-of-Way) to Director Brandt, dated 10/16/2008.|
- 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.
In order that a report is submitted 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due to the reissuance of the parent OP delegation and there are numerous substantive changes to the delegation being superseded including: grants are revocable on not more than 180 days’ notice (was 120 days); grants comprise not more than 5,000 square feet of University land (was 1,000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
Executive Vice Chancellor & Provost
Administrative Vice Chancellor
Associate Vice President, Capital Resources Management
General Counsel & Vice President, Legal Affairs
Universitywide Policy Coordinator
Manager, Administrative Policies & Delegations