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File #: 08-106    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 8/1/2008 In control: RESOURCE COMMITTEE
On agenda: 8/11/2008 Final action: 9/15/2008
Enactment date: 9/15/2008 Enactment #: R-79-08
Title: A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT-OF-WAY OVER, ACROSS, IN AND UPON USA IN TRUST LAND FOR THE CHEROKEE NATION LOCATED IN ADAIR COUNTY OKLAHOMA BEING PART OF CMS TRIBAL UNIT 69
Sponsors: S. Joe Crittenden
Indexes: Easement
Code sections: N/A - Not Applicable
Attachments: 1. R-79-08
Title
A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT-OF-WAY OVER, ACROSS, IN AND UPON USA IN TRUST LAND FOR THE CHEROKEE NATION LOCATED IN ADAIR COUNTY OKLAHOMA BEING PART OF CMS TRIBAL UNIT 69
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
 
WHEREAS, the Cherokee Nation a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
 
WHEREAS, Elmer Fritch, Rt. 5 Box , Stilwell, Oklahoma 74960 desires permission for a Grant of Easement for Right-of-Way over Cherokee Nation Tribal Trust land, part of CMS Tribal Unit 69, the easement will be for access over, across, in and upon part of Government Lot 2 of Section 31, Township 14 North, Range 26 East, Adair County, Oklahoma. A survey of the easement will be provided by the applicant;
WHEREAS, Cherokee Nation waives compensation for the easement/driveway has been in existence for many years. This easement will be for 15 years or the lifetime of Elmer Fritch which ever may come first;
 
WHEREAS, 25 CFR ยง 169 states agreement shall be executed by and between the tribe or legally authorized occupant and the applicant before any work by the applicant may be undertaken for the construction of a Right of Way Easement across tribal land.
 
       BE IT RESOLVED BY THE CHEROKEE NATION, that the person(s) authorized to sign required documents necessary to execute said Right of Way Easement be Chad Smith, Principal Chief of the Cherokee Nation, and/or his authorized designee(s).