header-left header-right
Share to Facebook Share to Twitter Bookmark and Share
File #: 20-097    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 12/28/2020 In control: TRIBAL COUNCIL
On agenda: 1/11/2021 Final action: 1/19/2021
Enactment date: 1/11/2021 Enactment #: R-005-21
Title: A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY ON DAHLONEGAH SOUTH ROAD ON USA IN TRUST LAND FOR CHEROKEE NATION TO THE BOARD OF ADAIR COUNTY COMMISSIONERS AND SAID UTILITY COMPANIES
Sponsors: Mike Shambaugh
Indexes: Easement, Right of Way, Trust Land
Code sections: N/A - Not Applicable
Attachments: 1. R-05-21.PDF
Title
A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY ON DAHLONEGAH SOUTH ROAD ON USA IN TRUST LAND FOR CHEROKEE NATION TO THE BOARD OF ADAIR COUNTY COMMISSIONERS AND SAID UTILITY COMPANIES
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on 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, the Board of Adair County Commissioners, Ozarks Electric Coop. Corp. and OzarksGo, LLC, Oklahoma Windstream, LLC, and Cherry Tree RWD requests a Grant of Easement for Right-of-Way for a road improvement project 3.8 miles in length on the Dahlonegah South Road located across United States of America in Trust for Cherokee Nation property described as: Parcels 8,8.1,8U,8A,8A.1,8U.1, 9,9U,9U.1, 10,10U, 12, 12.1, 12.2, 12U, 13, 13.1, 13.2, 13U, 13U.1, 13U.2, 13U.3, 14, 14C, 14U, 14U.1, 15, 15C, 15U, 16, 16.1, 16U, 16U.1, 18, 18C, 18U, 18U.1, 18U.2, 20, 20U, in Sections 5, 6, 7 & 8 of Township 14 North, Range 25 East, Adair County and Sections 29, 32, Township 15 North, Range 25 East.

WHEREAS, just compensation for said right-of-way has been negotiated and agreed upon with Adair County. Cherokee Nation hereby agrees that said compensation is satisfactory to the tribe, waives valuation and has determined that it is in the best interest of the Cherokee Nation pursuant to Title 25 CFR §169.110;

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, Chuck Hoskin, Jr., and/or his authorized designee(s) be authorized to enter into the above described grant of easement for...

Click here for full text