IDA485 - Negotiation, Approval, and Execution of Real Property Easements and Rights of Way

IDA 485

October 23, 2009



RE: Redelegation of Authority - Negotiation, Approval, and Execution of Real Property Easements and Rights of Way

The authority to negotiate, approve, and execute easements and rights of way for campus real property was delegated to Chancellors by Presidential Delegation DA 2233, September 3, 2009.  I am redelegating to the Vice Chancellor, Planning and Budget, the authority to negotiate, and within the following parameters to approve and execute easements and rights of way for University real property when such grants of easement and rights of way:

  1. are (i) revocable on not more than 180 days' notice, or (ii) provide utility services to the University, regardless of revocability, or (iii) comprise less 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 [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 the unilateral right to relocate the easement or right of way to eliminate material interference with the University’s land use.

The Vice Chancellor, Planning and Budget, is further delegated authority to approve and execute ancillary documents, amendments, or other modifications to any easement and rights of way within the authority delegated herein.

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 RESG and OGC are available to consult on easements and rights of way negotiation and documentation. The campus shall be the office of record for original executed copies of agreements pertaining to easements and rights of way and amendments thereto made under this delegation, except that original recorded documents shall be returned to the University for retention by the Secretary and Chief of Staff to The Regents.

Exercise of authority provided by this delegation shall be in accordance with policies, procedures and guidelines established by The Regents and the President, as they may be amended from time to time. The campus easement practitioner shall complete and maintain in the official easement file the attached checklist for easements and rights of way prepared pursuant to this delegated authority ("Easement Checklist").

Annually, by July 31, the Vice Chancellor, Planning and Budget, shall certify and submit to the RESG a report listing each easement or right of way approved and executed pursuant to this delegated authority during the preceding fiscal year, including the total square footage of executed agreements.  The certification shall attest that all terms referenced in this delegation and the attached Easement Checklist have been met.

In your absence only, the Director, Campus Asset Management, is delegated the same authorities and responsibilities as stated herein.

This authority may not be redelegated further and supersedes my August 12, 2005 redelegation of authority on the same subject (IDA 417).

Signed copy

Michael V. Drake, M.D.


C: Assistant Vice President-Facilities Administration
Special Assistant-UC Coordination and Review
General Counsel and Vice President for Legal Affairs
Executive Vice Chancellor and Provost
Assistant Vice Chancellor-Design & Construction Services
Assistant Vice Chancellor-Facilities Management
Director, Campus & Environmental Planning
Director, Campus Asset Management
Director, Internal Audit
Director, Internal Controls
Counsel to the Chancellor
Administrative Policies Coordinator