12-01-1877 Supervisors Road Order
SUPERVISORS’ ROAD ORDER
Together with the Surveyor’s Report and Plat, the Award of Damages, and an Abstract of the facts
relating to the Petition and Supervisors’ Notice of Hearing, of a road changed by the Supervisors of
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the Town of Elk River, December 1 A.D. 1877
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
X X X
The names of the Petitioners, the place where, and the time when the copies of the Petition and of
the Supervisors’ Notice of Hearing were posted; and the names of the persons served with the
Supervisors’ Notice, and how served, personally or “by copy,” are as follows, viz:
Names of Petitioners Petition and Notices, Supervisors’ Notice How Served
When and Where on Whom Served
Posted
X X X
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 10 legal voters, who own real estate, or who occupy real estate under
the homestead or pre-emption laws of the United States, or under contract from the State of
Minnesota, within one mile of the road proposed in said petition to be changed, copies of said
petition having been first duly posted up in three of the most public places of said Town, at least
twenty days before any action was had in relation, thereto, proof of which posting was duly shown
to us by affidavit; which is said proposed changed road is set forth and described in said petition as
follows, viz: Beginning at Station No. 5 on said road and running South of West to a point 2 rods
South of the pond on the South line Section 34, Town 33 Range 26. Thence
West along the South line and 2 rods from the South line of said Section 35 to intersect the said
Road at a point near when the road crosses the Town line between Town 32 and
33.
And Whereas, upon receiving said petition, we did, within thirty days thereafter, make out a notice
and fix therein a time and place at which we would meet and decide upon such application, to-wit:
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on the 1 day of December A.D. 1877, at the offices of Chas. S. in said town
causing copies of such notice to be posted in three public places in said Town at least ten days
previous to such meeting; and having met at such time and place as above named in said notice and
being satisfied that the applicant had, at least ten days previous to said time, caused said notice of
time and place of hearing to be given to all the occupants of the land through which such highway
might pass, by serving the same personally or by copy left at the usual place of abode of each of said
occupants, proof of which was shown by affidavit, we proceeded to examine personally such
highway, and heard any and all reasons for or against the said changes the same, and being of the
opinion that such changes was necessary and proper, and that the public interest would be promoted
thereby, we granted the prayer of said petitioners, and determined to changes said road, and caused a
survey thereof to be made according to the report and plat herewith accompanying, the description
of which as so laid out is as follows to-wit: Beginning Commencing at a stake on line 1 ½ rods south
of Township line 32 N of Range 26 west in Sherburne County, known as Station 5 in the highway
from the South east corner in the town of Elk river to J.Q.A. Nickerson’s; Thence South 88 ½
degrees west five chains and 70 links to stake 50 links south of ¼ section past on South line of
section 35 township 33 north of range 26 west, thence west and parallel with town lines 13 chains
and 78 links to whence it intersects the aforesaid road at station no. 7: - whole distance 19 chains
and 48 links.
It is therefore Ordered and Determined that a road be, and the same is hereby changed and
established according to the description last aforesaid, and the report and plat herewith
accompanying, which is hereby made a part of this Order, and it is hereby declared to be a public
highway 4 rods wide, the said description above given being the center of said road.
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Given under our hands, this 1 day of December A.D. 1877.
Supervisors
To the Board of Supervisors of the Town of Elk River County Sherburne and State of Minnesota:
The undersigned having been employed by you to make a survey of a changes in the highway from
the south east corner of the Town of Elk River to J.Q.A. Nickerson’s (as surveyed by John O.
Harris Nov. 27, 1867) from station No. 5 to station No. 9 in said highway road in said Town would
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report that the following is a correct survey thereof, as made by me Dec 1 1877 under your
directions, to wit:
And that herewith is a correct plat and field notes of said change according to said survey.
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Dated at Elk River Dec 1 1877.
Commencing at a stake on hill 1 ½ rods, south of Township line in Township No. 3 or North of
Range 26 West in Sherburne County, known as Station No. 5 in the highway from the south east
corner of the town of Elk River to J.A. Nickerson’s thence south 88 ½ degrees west five chains and
70 links to stake 50 links south of ¼ section post on south line of section 35 township 33 north of
range 26 west thence west and parallel with town lines 13 chains and 78 links to when it intersects
with aforesaid highway at station No. 71 19 chains and 47
links
And that below is a correct plat of said road according to said survey.
Dated at __ this __ day of __ A.D. 188_
State of Minnesota, County of __ Town of __ SS:
Whereas, a road was laid out ___ on the ___ day of ___ __D. 188_, by us, the Supervisors of the
said Town of ___ on the petition of ___ legal voters who own real estate or who occupy real estate
under the Homestead or Pre-emption Laws of the Unites States, or under contract from the State of
Minnesota, within one mile of said road; which said road ___ is set forth and described in the
foregoing Supervisors’ Order, made by us, and
Whereas, a part of the damages sustained by reason of the laying out ___ and said road has been
ascertained by the agreement of the owners of lands through which said road passes, with us, and a
part of the owners of the said lands have in writing released all claims to damages but not being able
to agree with the owners of the following described lands, claiming damages by reason of said
highway passing through, and the owners of some of the said lands being unknown, we have
assessed the damages to each of such individual claimants with whom we could no agree, and
awarded damages to the owners of such lands through which such highway passes as are unknown,
at what we deemed just and right, taking into account and estimating the advantages and benefits the
road will confer on the claimants and owners, as well as the disadvantages. We have assessed and
awarded damages as follows:
Owners of Description Sec Town Range Damages
Lands of Lands
And in case of the following lands and claimants for damages, we estimate that the advantages and
benefits said road will confer on them are equal to all damages sustained by them by reason of laying
out ___ and said road, to-wit:
Owners of Description Sec Town Range
Lands of Lands
Given under out hands this ___ day of ___ A.D. 188_
Supervisors
Town of Elk River SS. – The above and foregoing is a true and correct copy of the Road Order and
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Award of Damages filed December 1 A.D. 1877 and recorded May 19 A.D. 1884
Town Clerk