September 21-22, 2000
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ITEM 108-2008-R0900������ Authorization to Enter into a Lease
Agreement and Grant a Permanent Easement to Jennifer Dwyer and Chris Boyer,
Successors in Interest to the John Shadoan Estate; Montana State
University-Bozeman
THAT:����������������������������������� The
Board of Regents of Higher Education authorizes Montana State
University-Bozeman to execute a ten year lease to Jennifer Dwyer and Chris
Boyer for 1/2 acre, including a dwelling unit,�
on the Ft. Ellis property in Gallatin County, Montana and to execute a
Grant of Easement to allow a second permanent easement into the property.
EXPLANATION:����������������� Chris
Boyer and Jennifer Dwyer have purchased property adjoining the Ft. Ellis
Agricultural Research Center from the estate of John Shadoan.� John Shadoan had placed various rental
structures and exercised control of certain property that was actually part of
the Ft. Ellis property.� This situation
had continued for nearly forty years prior to Mr. Shadoan=s death.� Previously, MSU entered into an easement agreement with the
Shadoan estate granting an easement in exchange for allowing the estate the
opportunity to purchase the property upon which the structures were located or
remove the structures if the Estate was unable to arrange a purchase within one
year. (See Board Item ITEM 105‑2003‑R1199).
����������������������������������������������� The
Estate has since sold the property to Chris Boyer and Jennifer Dwyer.� Mr. Boyd and Ms. Dwyer have requested an
opportunity to lease the property in question for a period of ten years and to
remove all structures except one dwelling unit.� The property upon which the structures are located is subject to
a right of reversion in the United States government if not used for public
purposes.� However, the property in
question has been used by private parties for 40 years.� The agreement with the new purchasers will
assure an appropriate, well-planned removal of structures and clean up of the
land in question and an end to all private use upon expiration of the
lease.� The proposed terms and
conditions of the Grant of Easement, Lease Agreement and Memorandum of
Understanding are attached.