header-left header-right
File #: 19-030    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 4/30/2019 In control: TRIBAL COUNCIL
On agenda: 5/13/2019 Final action: 6/13/2019
Enactment date: 6/10/2019 Enactment #: R-025-19
Title: A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY - USA IN TRUST FOR CHEROKEE NATION TO MACK & SARAH FLYNN FOR INGRESS, EGRESS & UTILITIES LOCATED ON CMS UNIT 12
Sponsors: Shawn Crittenden
Indexes: Easement, Right of Way
Code sections: N/A - Not Applicable
Attachments: 1. R-25-19.PDF

Title

A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY - USA IN TRUST FOR CHEROKEE NATION TO MACK & SARAH FLYNN FOR INGRESS, EGRESS & UTILITIES LOCATED ON CMS UNIT 12

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 is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;

 

WHEREAS, Mack & Sarah Flynn, Rt. 5 Box 5360 Stilwell, OK 74960, requests a Grant of Easement for Right of Way for 30 years, for Ingress, Egress and Utilities over, in, upon USA in trust land for Cherokee Nation known as CMS-12, described as being part of the N2 NE SE of Section 26, Township 15 North, Range 25 East, Adair County; 

 

WHEREAS, Cherokee Nation will be compensated fair market / appraised value for the grant of easement for right-of-way pursuant to Title 25 CFR §169.114; 

 

WHEREAS, 25 CFR § 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 Principal Chief of Cherokee Nation, Bill John Baker, and/or his authorized designee(s) be authorized to enter into the above described grant of easement for right-of-way, in accordance with 25 CFR § 169 and the Bureau of Indian Affairs Policy and Procedure for the grant of easement for right-of-way of land owned by United States of America in Trust for Cherokee Nation.