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05-17-1884 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 laid out and located by the Supervisors of the Town of Elk River, May 17 A.D. 1884 Ownership and Description of Lands as given in the Petition Owners of Lands Description Section. Town. Range. of Lands NE ¼ of NE 13 33 26 ¼ SE ¼ of NE 13 33 26 ¼ NE ¼ of SE 13 33 26 ¼ and NW ¼ of SE ¼ SE ¼ of SE 13 33 26 ¼ NW ¼ of NE 21 33 26 ¼ NE ¼ of NW 21 33 26 ¼ SE ¼ of NW 24 33 26 ¼ E of SE 1/4 24 33 26 Lot Two (2) 24 33 26 Lot Three (3) 24 33 26 SW ¼ of SE 24 33 26 ¼ W of NE ¼ 25 33 26 E of NW ¼ 25 33 26 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 Supervisors’ Notice on How Served Notices, When Whom Served and Where Posted Petition posted Personal Service Dec 18, 1883 in “ the three public places of the Town as designated at Annual Town Meeting. Supervisors Notice posted 22 April 1884 in the places above named STATE OF MINNESOTA, County of Sherburne Town of Elk River SS: Whereas, upon the petition of 9 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 laid out and located, 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 new road is set forth and described in said petition as follows, viz: Beginning at a point on the Section line between Sections Twelve (12) and Thirteen (13) in Township Thirty-three (33) range twenty-six (26) in said Sherburne County, Minn thence in the said Town of Elk River two rods west of the north east corner of each section thirteen (13) thence in a south westerly coerner as nearly as practicable for a road to the quarter section line running north and sourth through section twenty four (24) same town and range at the most practicalbe point for a road thence in a southerly course as nearly as practicable for a road to a stake which is situated north eleven (11) degrees east twelve and 70/100 links from the south west corner of the northeast quarter of section twenty-five (25) in the same town and range and which is in the center of the town road commonly known as the Elk River and road as now . 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: on the 3rd day of May A.D. 1884, at nine (9) o’clock in the forenoon of said day 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 laying out the same, and being of the opinion that such new road was necessary and proper, and that the public interest would be promoted thereby, we granted the prayer of said petitioners, and determined to lay out 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 at a point on the section line between sections 12 and 13 town 33 range 26 two rods west of the north east corner of said section 13, and running as follows: Bearing Trees Courses Distances 1 NE cor. Of Sect 13 S 1 degree W 10.47 2 NO Tree S 40 degrees W 10.48 3 B. Oak N 31 ¼ degrees W 36 S 15 ½ degrees W 30.00 4 N Oak N 39 ½ degrees N 59 S 36 ½ degrees W 3.98 5 N. Oak N 70 degrees W 39 N Oak N 6 ½ degrees W 48 S 55 degrees W 15.49 6 B. Oak S 39 degrees E 59 S 20 degrees W 14.66 7 B. Oak S 86 degrees W 42 S 23 ¾ degrees W 14.35 8 B. Oak N 72 degrees W 62 S 1 ½ degrees W 31.73 9 B. Oak N 53 ½ degrees E 37 S 52 degrees W 5.50 10 B. Oak S 49 degrees W 55 S 15 ¾ degrees E 5.98 11 B. Oak S 78 degrees W 30 S 2 ¾ degrees W 5.57 12 Stakes in marsh S 2 ½ degrees W 10.50 13 N. Oak S 62 degrees W 51 S 24 ½ degrees E 4.50 14 B. Oak S 62 degrees E 94 S 1 ½ degrees W 31.00 15 Oak Stump S 48 degrees W 46 S 25 ¼ degrees E 4.32 To a point in the Road N. 35 degrees E 14.54 from St. 3 in the changes in Road as located by plat in Town Clerk’s office. It is therefore Ordered and Determined that a road be, and the same is hereby laid out 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. Given under our hands, this 17th day of May A.D. 1884. 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 road in said Town would report that the following is a correct survey thereof, as made by me under your directions, to wit: Commencing at a point on the Section line between Sections 2 and 13 Town 33 Range 26 two rods west of the north east corner of said section 13 and running as follows: Bearing Trees Courses Distances 1 NE cor. Of Sect 13 S 1 degree W 10.47 2 NO Tree S 40 degrees W 10.48 3 B. Oak N 31 ¼ degrees W 36 S 15 ½ degrees W 30.00 4 N Oak N 39 ½ degrees N 59 S 36 ½ degrees W 3.98 5 N. Oak N 70 degrees W 39 N Oak N 6 ½ degrees W 48 S 55 degrees W 15.49 6 B. Oak S 39 degrees E 59 S 20 degrees W 14.66 7 B. Oak S 86 degrees W 42 S 23 ¾ degrees W 14.35 8 B. Oak N 72 degrees W 62 S 1 ½ degrees W 31.73 9 B. Oak N 53 ½ degrees E 37 S 52 degrees W 5.50 10 B. Oak S 49 degrees W 55 S 15 ¾ degrees E 5.98 11 B. Oak S 78 degrees W 30 S 2 ¾ degrees W 5.57 12 Stakes in marsh S 2 ½ degrees W 10.50 13 N. Oak S 62 degrees W 51 S 24 ½ degrees E 4.50 14 B. Oak S 62 degrees E 94 S 1 ½ degrees W 31.00 15 Oak Stump S 48 degrees W 46 S 25 ¼ degrees E 4.32 To a point in the Road N 35 degrees E 14.54 from Sta. 3 in the change in Road as located by plat in the Town Clerk’s office And that below is a correct plat of said road according to said survey. Dated at Elk River this 16th day of May A.D. 1884 State of Minnesota, County of Sherburne Town of Elk River SS: Whereas, a road was laid out and located on the 3rd day of May AD. 1884, by us, the Supervisors of the said Town of Elk River on the petition of nine 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 as located 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 locating 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 Lands Description of Lands Sec Town Range Damages SW ¼ of SE ¼ 24 33 26 $5.00 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 locating said road, to-wit: Owners of Lands Description of Lands Sec Town Range NE 4 of E 4 13 33 26 NW 4 of SE 4 13 33 26 E 2 NE 4 13 33 26 E 2 NW 4 and W 2 NE 4 25 33 26 NW 4 NE 4 and NE 4 NW 4 24 33 26 and Lot 2 SW 4 SE 4 and SE 4 SE 4 13 33 26 Lot 3 24 33 26 E 2 SW 4 and SE 4 NW 4 24 33 26 Given under out hands this 17 day of May A.D. 1884 Supervisors Town of Elk River SS. – The above and foregoing is a true and correct copy of the Road Order and Award of Damages filed Seventeenth (17) day of May AD 1884 and recorded June 25th 19 A.D. 1884 Town Clerk