May 20-21, 2004

ITEM 123-1011-R0504  Grant of Easement to Norma Jean Hawbaker to permit access to and from Hawbaker residential property across The University of Montana Biological Station at Yellow Bay on Flathead Lake, Lake County; The University of Montana-Missoula.

THAT: Pursuant to Montana University System Policy 1003.3, the Board of Regents of the Montana University System authorizes The University of Montana to grant an easement (see attachments) to Norma Jean Hawbaker for the purpose of permitting access to and from the Hawbaker residential home through The University of Montana Biological Station at Yellow Bay on Flathead Lake, Lake County.

EXPLANATION: The Hawbaker home is adjacent to The University of Montana Biological Station at Yellow Bay. Over the years, prior access to and from the Hawbaker property was on a road formerly maintained by the Montana Department of Transportation, but this access is no longer viable because the Department has ceased maintaining the road and is under no obligation to resume doing so. The only other viable access to and from the Hawbaker property is through a private road easement through the Biological Station property. The Montana Fish, Wildlife & Parks Department manages the University Biological Station site identified for the proposed easement as part of the Yellow Bay State Park. Both the FWP Department and the University believe this easement is appropriate, and the Department has initiated its own internal approval process to grant it. Because the property at issue is owned by the University System, this easement requires Board of Regents approval. The Biological Station will benefit from this easement by gaining access to the Hawbaker property site for Flathead Lake shore erosion and other research purposes. The easement agreement will be in the same format as that attached.

ATTACHMENT: Easement Agreement & Map