September 27-28, 2001

ITEM 112-1004-R0901 Approval to Grant an Easement in University Property for Inclusion in the City Riverfront Trail System; The University of Montana-Missoula


THAT: The Board of Regents of the Montana University System authorizes The University of Montana-Missoula to grant an easement in University property on the north bank of the Clark Fork River to the City of Missoula for the purpose of including such property in the City Riverfront Trail System.


EXPLANATION: The City of Missoula has requested an easement in University of Montana-Missoula property located on the north bank of the Clark Fork River for the purpose of including the property subject to the easement in the City Riverfront Trail System. The City has presented the attached Memorandum of Understanding (MOU) outlining the request and proposed easement agreement terms. According to the MOU, the City will pay all expenses related to this project including, but not necessarily limited to, trail engineering, design and construction, easement recordation, trail landscaping and maintenance, and compliance with all legal requirements applicable to the project. The MOU contains a reversion clause returning the proposed easement property to the University if the City no longer wishes to maintain the trail. The proposed trail on University property remains subject to Montana Recreational Use statutes, specifically Sections 70-16-301 and 302, MCA, which protect the University from liability except in cases of gross University negligence or intentionally tortious University conduct. The University requests Board of Regents approval to proceed with executing the MOU and any additional related documentation needed to grant the easement.


ATTACHMENT: Memorandum of Understanding.