November 18-19, 1999 

ITEM 105-2003-R1199 Authorization to Grant a Permanent Easement to the Estate of John Shadoan and Dennis Rowe and a Temporary Easement to the Estate of John Shadoan and Dennis Rowe; Montana State University - Bozeman

THAT: The Board of Regents of Higher Education authorizes Montana State University-Bozeman to execute an Easement Agreement with the Estate of John Shadoan on the Ft. Ellis property in Gallatin County, Montana.

EXPLANATION: The Estate of John Shadoan and Dennis Rowe, two adjoining landowners, request an easement for ingress and egress to their property. The landowners have been using two unpaved roads on the Ft. Ellis property for decades without the benefit of a formal easement. The landowners now seek a permanent easement to facilitate the sale of Mr. Shadoan=s property and to secure Mr. Rowe=s continuing right to use the road to access his property.

In exchange for the easement, MSU has obtained the agreement from the estate that it will remove certain temporary and permanent buildings that were erected on the Ft. Ellis property approximately forty years ago and have been used by Mr. Shadoan as rental property during the period. Mr. Shadoan=s heirs have expressed an interest in pursuing the purchase of the few acres of property that contain the buildings. However, since the property is subject to reversion to the federal government if the lands cease to be used for public purposes, the Shadoan heirs will need the approval from the U.S. government to purchase the property. MSU has no objection to a sale to the heirs and has agreed to allow the heirs one year to either purchase the property or remove the buildings. The precise terms and conditions of the easement are contained in the attached Easement Agreement.

ATTACHMENT Easement Agreement