September 21-22, 2000


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.