M E M O R A N D U M

									March 28, 2012

To:		Members of the Board of Trustees

From:		Nancy L. Zimpher, Chancellor

Subject:	Delegation with Respect to Easements


Action Requested

      The proposed resolution delegates to the Chancellor, or designee, authority to request the Commissioner of General Services to grant certain easements with respect to State property under the jurisdiction of the State University.

Resolution

I recommend that the Board of Trustees adopt the following resolution:

Whereas pursuant to Public Lands Law section 3(2), the Commissioner of General Services has authority to grant rights and easements in perpetuity or otherwise in and to State lands, upon the written request of the head of the State entity having jurisdiction over such State land, or of an employee of the State entity designated for such purpose; and 

Whereas from time to time the State University has adopted resolutions that authorize the Chancellor, or designee, to take all steps necessary to execute and approve documents necessary to effect the grant of specific easements with respect to lands under the jurisdiction of the State University, including making written request to the Commissioner of General Services to grant such easements; now, therefore, be it 

	Resolved that the Board of Trustees delegates to the Chancellor, or designee, authority to take all steps necessary to execute or approve in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of utility, highway improvement and telecommunication easements that benefit the related campus, with respect to lands under the jurisdiction of the State University, pursuant to Section 3(2) of the Public Lands Law, including making written request to the Commissioner of General Services to grant such easements; and, be it further	
  
Resolved that the Board of Trustees, on its own initiative, may take up any matter delegated by this resolution.
      

Background

	The resolution delegates to the Chancellor, or designee, authority to make written requests to the Commissioner of General Services to convey utility, highway improvement and telecommunication easements that benefit the related campus, with respect to State lands under the jurisdiction of the State University, and to execute and approve any other documents necessary to effect conveyance of such easements.

	Pursuant to Public Lands Law section 3(2), the Commissioner of General Services is authorized to convey easements with respect to State lands upon the written request of the State entity that has jurisdiction.   From time to time, the State University Board has taken up resolutions that authorize the Chancellor, or designee, to make a written request to the Commissioner of General Services to grant easements for utility, highway improvement and telecommunications purposes.  

      The purpose of the resolution is to delegate this activity from the Board to the Chancellor, or designee.


Board Resolution				-2-			March 28, 2012