September 23-24, 1999

ITEM 104-2301-R0999 Authorization Approving Lease of the Hartmann Ranch and Related Easement, Assignment and Escrow Agreement; Montana State University- Bozeman, Agricultural Experiment Station

THAT: The Board of Regents authorizes Montana State University - Bozeman, Agricultural Experiment Station to execute a ten year lease of the Hartmann Ranch, an easement from Triangle Telephone Cooperative Association for lessee’s telephone service on the Hartmann Ranch and related assignment and escrow agreement for the adjacent state lease held by MSU-Bozeman, Agricultural Experiment Station.

EXPLANATION: In 1971, MSU, Agricultural Experiment Station received ownership of the Hartmann Ranch by deed of distribution. By the terms of the Order of Distribution, Fred and Jean Itcaina were granted rights to lease the ranch and MSU, Agricultural Experiment Station was prohibited from selling the Ranch until "the death of Fred Itcaina or Jean Itcaina or the survivor . . .." A copy of the Order of Distribution is attached.

Fred Itcaina and his brother Jean [now deceased], own the neighboring ranch [Matador Ranch] and have leased the Hartmann Ranch since approximately 1967. Fred Itcaina, his wife, Madeline, and his business partner, John Salleberry, have requested a ten year lease of the Hartmann Ranch. The Matador Ranch is up for sale and the group wishes to reside on the Hartmann Ranch and continue the livestock operation on the Hartmann Ranch, subject to the terms and conditions set forth in the attached lease.

The proposed Lessees have additionally requested MSU, Agricultural Experiment Station to grant an easement to Triangle Telephone Cooperative Association, Inc. to bury new telephone cable to connect telephone services to the mobile home residences of the Lessees.

Pursuant to the original Order of Distribution, MSU, Agricultural Experiment Station has maintained a lease of state lands which border the Hartmann Ranch. This lease has always been used by the Itcainas in connection with the Hartmann Ranch. MSU, Agricultural Experiment Station has been advised by the local Department of Natural Resources office that it should create an Escrow Assignment of the State Lease to Fred Itcaina to comply with state regulations concerning state leases. A copy of the assignment agreements are attached.