September 21–23, 2005

ITEM 128-2005-R0905    Authorization to Execute a Utility Easement with the City of Bozeman; Montana State University-Bozeman

THAT: The Board of Regents of Higher Education authorizes MSU-Bozeman to execute a Utility Easement with the City of Bozeman to establish a Utility Easement through MSU/Montana Agricultural Experiment Station (MAES) property along Fowler Avenue Extended.

EXPLANATION: 1. The MSU-Bozeman campus includes approximately 460 acres of land immediately adjacent to the limits of the City of Bozeman, which is used primarily by the College of Agriculture and the MAES for instruction and research. This tract of land lies across the path of planned major infrastructure expansions required to support the orderly annexation and development of a significant area to the south.

2. The City of Bozeman and Gallatin County desire and support the annexation and development of properties south of the MSU-Bozeman campus to accommodate urban, rather than rural, property densities. Urban density development is anticipated and supported by a range of planning documents including, but not limited to, the 2020 Community Master Plan, the Bozeman Area Transportation Plan, the Water Facility Plan, the Wastewater Facility Plan, virtually every recently updated City of Bozeman planning document.

3.  The City of Bozeman has requested that MSU/MAES provide the easement to facilitate the orderly expansion of infrastructure, and thus the orderly growth of the city, in a way that will protect the welfare of both current and future citizens.

4.  A draft of the Sanitary Sewer Pipeline and Access Easement and Agreement, legal description and plat drawing are attached for reference.

5. The appraised value of the easement, as confirmed by an independent appraiser hired by MSU, is $37,515. However, MSU has negotiated to receive $56,272.50 in compensation for the easement. This amount satisfies the fair market value requirement noted in Regents Policy 1006.3, IV.


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