May 19-20, 2005


ITEM 127-2007-R0505††††††††††††††† Authorization to Negotiate a Utility Easement with the City of Bozeman for Underground Utilities along Fowler Avenue - Extended; Montana State University-Bozeman


THAT:†††††††††††††††††††††††††††††††††††††† The Board of Regents of Higher Education authorizes MSU-Bozeman to negotiate with the City of Bozeman to establish a Utility Easement through MSU property along Fowler Avenue Ė Extended.


EXPLANATION:††††††††††††††††††††††† 1.†††† The MSU-Bozeman campus includes approximately 460 acres of mainly undeveloped land immediately adjacent to the limits of the City of Bozeman. MSUís large tract of land lies across the path of planned major infrastructure expansions required to support the orderly annexation and development of a significant area adjacent to the City and south of MSU property.


2.†† The City of Bozeman and Gallatin County desire and support the annexation and development of properties south of MSU 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 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.†† This authority will allow MSU to negotiate in the best interests of the State of Montana and MSU to secure reasonable compensation and/or benefit in exchange for the proposed easement. Results of the negotiation are expected to result in the creation of a legal easement, which will be submitted to the Board of Regents for final approval.