DA 2117

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OFFICE OF THE PRESIDENT	1111 Franklin Street Oakland, California 94607-5200 Phone: (510) 987-9074 Fax: (510) 987-9086 http://www.ucop.edu

April 5, 2000

CHANCELLORS
LABORATORY DIRECTORS
VICE PRESIDENT--AGRICULTURE AND NATURAL RESOURCES

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

Standing Orders of the Regents 100.4(ff) and (jj) authorize the President to negotiate the sale, purchase, and receipt by gift or lease of real properties for campus-related purposes, and to approve and execute licenses, easements, and rights of way with respect to real property held or acquired for campus-related purposes, when the consideration does not exceed $10 million or when such instruments are revocable with 120 days' notice.

Effective immediately, subject to the language of these Standing Orders and to policies and procedures which may be established by the Senior Vice President--Business and Finance, you are delegated authority to negotiate, and within the following parameters, to approve, and execute, easements and rights of way for campus real property when such contracts:

1.

are (i) revocable on not more than 120 days' notice, or (ii) provide utility services to the campus exclusively, regardless of revocability, or (iii) comprise less than 1,000 square feet of campus land;

2.

are not conveyances of a fee interest in real property;

3.

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; and

4.

are written on a University Standard Form without significant modification or on a form that has been approved by the General Counsel.

Easement and Right-of-Way agreements that do not meet these conditions must be submitted to the President, the President and the Chairman of the Board, or The Regents for approval and execution, in accordance with the Standing Orders of The Regents.

The authority provided by this delegation is broad and should be exercised with discretion. Therefore, redelegation should be limited to appropriate levels of authority. Any redelegation shall be in writing with a copy to the Assistant Vice President--Facilities Administration, the Special Assistant--Coordination & Review, and the General Counsel and Vice President for Legal Affairs. Each campus shall be the office of record for original execution copies of agreements pertaining to easements and rights of way and amendments thereto made under this delegation, except for recorded documents returned to the University, which are retained by the Secretary of The Regents. The Real Estate Services Group is available to consult on easement and right-of-way matters.

This delegation supersedes Delegation of Authority 0849 issued on December 18, 1984 to Chancellors, the Senior Vice President--Administration, and the Vice President--Agriculture and Natural Resources on this same subject.

Richard C. Atkinson
President

cc:

Members, President's Cabinet
Special Assistant Gardner
Principal Officers of The Regents