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File #: 10-045    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 3/30/2010 In control: TRIBAL COUNCIL
On agenda: 5/10/2010 Final action: 5/9/2010
Enactment date: 5/9/2010 Enactment #: R-45-10
Title: A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY OVER, IN UPON & ACROSS USA IN TRUST LAND IN DELAWARE COUNTY BETWEEN CHEROKEE NATION AND RONNY & CLAUDIA SWEGER FOR AN ACCESS (INGRESS & EGRESS) EASEMENT
Sponsors: Harley Buzzard
Indexes: Easement, Right of Way, Trust Land
Code sections: N/A - Not Applicable
Attachments: 1. R-45-10
Title
A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY OVER, IN UPON & ACROSS USA IN TRUST LAND IN DELAWARE COUNTY BETWEEN CHEROKEE NATION AND RONNY & CLAUDIA SWEGER FOR AN ACCESS (INGRESS & EGRESS) EASEMENT
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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, Ronny & Claudia Sweger, 47558 S 500 Road, Salina, Oklahoma 74365 desires permission for an easement for ingress & egress over, in, upon and across Cherokee Nation Tribal Trust land, the access easement is more particularly described as:  
 
A strip of land for the purpose of ingress and egress, across over and through the N/2 NW/4 NW/4 SW/4 of Section 5, T21N, R22E, Indian Base and Meridian, Delaware County, Oklahoma, said strip of land being 15 feet each side of the centerline being more particularly described as follows:
 
Commencing at the Northwest corner of the SW/4 of Section 5, T21N, R22E, thence S89º47'14"E, a distance of 535.28 feet to the centerline of the 30.00 foot wide road easement, said point being the True Point of Beginning; thence S45º13'28"W, a distance of 11.93 feet; thence N89º27'52"W, a distance of 229.26 feet; thence S48º32'58"W, a distance of 396.68 feet to the Point of Termination on the West line of Section 5, T21N, R22E, said point S00º03'0"E a distance of 270.84 feet form the Northwest corner of the SW/4 of Section 5, T21N, R22E.
 
Containing 19,136 square feet or 0.44 acres more or less;
 
WHEREAS, Cherokee Nation waives compensation the road and fence were constructed/built and paid for by the Sweger's. This ingress and egress will service Ronny and Claudia Sweger;   
 
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 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).