UCLA DA 140.67: Negotiation, Approval and Execution of Real Property Easements and Rights-of-Way
Date:
August 01, 2015
PDF of DelegationPrint
From: Chancellor Gene D. Block
To: Vice Chancellor and Chief Financial Officer Steven A. Olsen
References:
  1. UC DA 2233 (Negotiation, Approval, and Execution of Real Property Easements and Rights of Way) to Chancellors, et al., dated 9/3/2009;
  2. Regents’ Standing Order 100.4(jj).
Supersedes: UCLA DA 140.55 (Approval of Real Property Easements and Rights-of-Way) to Vice Chancellors Morabito and Olsen, dated 10/21/2009.
Effective as of the date above, I hereby delegate to your position, in your respective 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:
  1. 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;

  2. are not conveyances of a fee interest in real property;

  3. 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;

  4. 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

  5. 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”).

Annually and by July 31st, you shall certify and submit to the RESG a 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 an organization change and there are no substantive changes to the delegation being superseded. Any redelegation shall be in writing with a copy to me and those listed below.

Attachment: Easement Checklist

cc: Executive Vice Chancellor & Provost
Vice Chancellor, Legal Affairs
Manager, Administrative Policies & Delegations