03-21-1885 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 cartway laid out and located by
the Supervisors of the Town of Elk River, March 21 A.D. 1885
Ownership and Description of Lands as given in the Petition
Owners of Lands Description Section. Town. Range.
of Lands
Unknown Lot 2 24 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
on front of Post
Office – front of
Campbill and
Libby’s store and
front of
A.Bailey’s store.
Notices posted in
same places.
Petition posted
Feb 28, 1885.
Notices posted
Mch. 5, 1885
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 6 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 said town, 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 cartway is set forth and described in said petition as
follows, viz: Beginning On the line of the existing Town Road known as the Malkson Road at a
point eight (8) rods north of the south most corner of lot two (2) in section twenty-four (24) of
Township thirty three (33) of range twenty-six (26) and thence running in an easterly and northerly
direction on the most practicable route for a road to the one eight (1/8) section line running north
and south through said section at a point on said line twenty-seven (27) rods north from the south
east corner of said lot two (2) section 24, Township 33, Range 26 -
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 17th day of March A.D. 1885, at the Town Clerk’s office at 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 and locating the same, and being of
the opinion that such public cartway 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 and locate
said road causeway, and caused a survey thereof to be made according to the report and plat
herewith accompanying, the description of which as so laid and located out is as follows to-wit:
Beginning on the line of the existing highway known as the Malkson Road at a point eight (8) rods
north of the south most corner of lot two (2), section 24, Town 33, Range 26 and running eas on
line parallel to the ¼ section line running east and west through the of said section
(24) 15.22 chains; thence (bearing tree B. oak, double, N. 47 ¾ degrees west 29 links) N. 3 ½
degrees E. 2.09 chains; thence (bearing tree B. Oak 8 S 86 ½ degrees East 23 links) N 20 degrees
East, 1.83 chairs; thence (bearing tree B. Oak 12, N. 45 ¼ degrees W 48 links) N 51 ½ degrees E
1.59 chains; to a point on the east line of Lot 2, 27 rods North of the south east corner of said Lot 2,
Town 33, Range 26 (bearing tree B. Oak 12, S. 73 W 176 links
It is therefore Ordered and Determined that a road public cartway of the width of two (2) rods be,
and the same is hereby laid out and located 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 cartway two (2) rods wide, the said
description above given being the center of said road.
Given under our hands, this 21st day of March A.D. 1885.
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 cartway in said Town
would report that the following is a correct survey thereof, as made by me under your directions, to
wit:
Beginning at the line of the existing highway known as the “Malkson Road” at a point eight (8) rods
north of the south west corner of lot 2, section 24, town 33, range 26 and running east on line
parallel to the ¼ section lines running east and west through the of said section 24,
15.22 chains, thence (bearing tree b. oak, double N. 47 ¾ degrees W. 29 links) N. 3 ½ degrees E
2.09 chains, thence (bearing tree B. oak 8 S. 86 ½ degrees E, 23 links) N 20 degrees E 1.83 chains,
thence (Bearing tree B. oak 12, N 45 ¼ degrees W, 48 links) N 51 ½ degrees E 1.59 chains, to a
point on the east line of Lot 2, 27 rods north of the south east corner of said Lot 2, Town 33, Range
26 (bearing tree B. oak 12 S 73 degrees W 176 links)
And that below is a correct plat of said road cartway according to said survey.
Dated at Elk River this 19th day of May A.D. 1884
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out ___ on the __ day of __ AD. 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 ___ 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:
“Release” from E. A. Malkson and Geo Malkson of all damades sustained by them by the laying out
locating and establishing the within cartway duly made and filed in the office of the Town Clerk.
Given under out hands this 21 day of March A.D. 1885
Supervisors
Town of Elk River SS. – The above and foregoing is a true and correct copy of the Road Order and
st
Award of Damages filed March 21 1885 and recorded June 20th 19 A.D. 1885
Town Clerk