Resolution No. SI-R17-006: Act Acknowledging Medrano Boundary Survey and Authorizing Recording of the Survey with Appropriate Entities
At a duly called meeting of the Council of San Ildefonso Pueblo on the 21st day of March, 2017, the following Resolution was adopted:
WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and
WHEREAS, the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement, the governing document of the Pueblo; and
WHEREAS, the Council finds that it is in the best interest of the Pueblo to acknowledge receipt of the boundary survey prepared by surveyor Larry Medrano of Precision Surveys, Inc. ("Medrano Boundary Survey") as presented and authorize that the Medrano Boundary Survey be filed with such entities as deemed necessary by the Governor to protect the property interests of the Pueblo.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the "ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES."
ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES
Section 1.1. Short Title
This enactment shall be known as the "ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES ("Act")."
Section 1.2. Purpose
The purpose of this Act is to acknowledge receipt of the boundary survey prepared by surveyor Larry Medrano of Precision Surveys, Inc. ("Medrano Boundary Survey") and authorize the Governor to direct the recording or filing of the survey with such appropriate entities as deemed necessary by the Governor to protect the property interests of the Pueblo de San Ildefonso ("Pueblo").
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The Pueblo has commissioned professional surveyor, Larry W. Medrano of Precision Surveys, Inc. to conduct a boundary survey of certain areas of the Pueblo's lands, including the area known as El Rancho.
(b) The Medrano Boundary Survey, as presented on the date of this enactment, is fundamentally complete except for the area located in the El Rancho area referred to as the Duran area where Precision Surveys, Inc. crews were denied access by the private landowners.
(c) Any recording of the Medrano Boundary Survey would note that access was denied to the Duran area, and if the area is surveyed by Precision Surveys, Inc. at a later date, the Medrano Boundary Survey can be amended to reflect the newly surveyed areas.
(d) The Medrano Boundary Survey identifies and confirms the Pueblo's property boundaries and this survey information is necessary for recognition and protection of the Pueblo's property rights.
(e) The recording, filing, and/or delivery of the Medrano Boundary Survey with appropriate entities such as the Santa Fe County Clerk's Office or the Bureau of Indian Affairs, etc., serves as public notice of the Pueblo's boundaries and puts other surveyors on notice of the findings and conclusions regarding the Pueblo's boundaries contained in the Medrano Boundary Survey.
(f) The Council finds it in the best interest of the Pueblo to acknowledge receipt of the Medrano Boundary Survey, provided that it may be amended at a later date to include survey information from the Duran area, and to authorize recording of the amended
survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.
Section 1.4. Authorization
(a) The Council hereby acknowledges receipt of the Medrano Boundary Survey, and the Governor is hereby authorized to direct the recording, filing, and/or delivery of the Medrano Boundary Survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.
(b) Prior to any such recording, the Governor shall inform the Council of the intent to record, the entity where the survey or amended survey will be recorded, and the reason for such recording.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on March 21, 2017, at a meeting with a vote of 10 in favor, 0 opposed, 0 abstaining, and 0 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Council Representatives
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thomas Gonzales | X | |||
| Darryl Martinez | X | |||
| M. Wayne Martinez | X | |||
| Perry Martinez | X | |||
| Tim Martinez | X | |||
| Chris Moquino | X | |||
| Donald Pena | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R17-006 was presented to the Governor of the Pueblo de San Ildefonso on the 21st day of March, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this __________ day of _______________________, 2017.
James R. Mountain, Governor
Presented by the Governor to the Council on the _______ day of ________________, 2017.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thomas Gonzales | ||||
| Darryl Martinez | ||||
| M. Wayne Martinez | ||||
| Perry Martinez | ||||
| Tim Martinez | ||||
| Chris Moquino | ||||
| Donald Pena | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES
Section 1.1. Short Title
This enactment shall be known as the "ACT ACKNOWLEDGING MEDRANO BOUNDARY SURVEY AND AUTHORIZING RECORDING OF THE SURVEY WITH APPROPRIATE ENTITIES ("Act")."
Section 1.2. Purpose
The purpose of this Act is to acknowledge receipt of the boundary survey prepared by surveyor Larry Medrano of Precision Surveys, Inc. ("Medrano Boundary Survey") and authorize the Governor to direct the recording or filing of the survey with such appropriate entities as deemed necessary by the Governor to protect the property interests of the Pueblo de San Ildefonso ("Pueblo").
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The Pueblo has commissioned professional surveyor, Larry W. Medrano of Precision Surveys, Inc. to conduct a boundary survey of certain areas of the Pueblo's lands, including the area known as El Rancho.
(b) The Medrano Boundary Survey, as presented on the date of this enactment, is fundamentally complete except for the area located in the El Rancho area referred to as the Duran area where Precision Surveys, Inc. crews were denied access by the private landowners.
(c) Any recording of the Medrano Boundary Survey would note that access was denied to the Duran area, and if the area is surveyed by Precision Surveys, Inc. at a later date, the Medrano Boundary Survey can be amended to reflect the newly surveyed areas.
(d) The Medrano Boundary Survey identifies and confirms the Pueblo's property boundaries and this survey information is necessary for recognition and protection of the Pueblo's property rights.
(e) The recording, filing, and/or delivery of the Medrano Boundary Survey with appropriate entities such as the Santa Fe County Clerk's Office or the Bureau of Indian Affairs, etc., serves as public notice of the Pueblo's boundaries and puts other surveyors on notice of the findings and conclusions regarding the Pueblo's boundaries contained in the Medrano Boundary Survey.
(f) The Council finds it in the best interest of the Pueblo to acknowledge receipt of the Medrano Boundary Survey, provided that it may be amended at a later date to include survey information from the Duran area, and to authorize recording of the amended
survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.
Section 1.4. Authorization
(a) The Council hereby acknowledges receipt of the Medrano Boundary Survey, and the Governor is hereby authorized to direct the recording, filing, and/or delivery of the Medrano Boundary Survey with such appropriate public entities as deemed necessary by the Governor to protect the Pueblo's property rights.
(b) Prior to any such recording, the Governor shall inform the Council of the intent to record, the entity where the survey or amended survey will be recorded, and the reason for such recording.
