Loading...
02-23-1886 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, February 23 A.D. 1886 Ownership and Description of Lands as given in the Petition Owners of Lands Description of Lands SectioTowRang n. n. e. 1 33 26 1 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 Notices, Supervisors’ Notice How Served When and Where on Whom Served Posted Petition posted Jan 18, 1886. One at Post office, one at on at A. Bailey’s store by Notices posted February 12, 1886 at above locations 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 an residents and freeholders of said Town praying for the laying out and locating of a public cartway in said Town two (2) rods wide, 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 at a point on an existing Town Road of said Town at the South west corner of the south east quarter of section one (1) in Township 33 of Range 26; thence running northerly to the south east corner of the north east quarter of the south west quarter of said section one (1) and said township 33 of 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 23rd day of February A.D. 1886, at the Town Clerk’s office at eight (8) o’clock in the forenoon 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 locating the same, and being of the opinion that such cartway was necessary and proper, and that the public interest would be promoted thereby, we granted the prayer of said petitioners, and determined to layout and locate 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 It is therefore Ordered and Determined that a road public cartway 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 2 rods wide, the said description above given being the center of said road. Given under our hands, this 23 day of February A.D. 1886. 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 cartway road in said Town would report that the following is a correct survey thereof, as made by me under your directions, to wit: Beginning at a point on the existing Town Road of said Town at the south west corner of the south east quarter of section 1 in Township 33 Range 26 thence running north on the quarter section line 19.90 chains of the south east corner of the north east quarter of the south west quarter of said section 1 township 33 range 26 And that below is a correct plat of said road cartway according to said survey. Dated at Elk River this 3 day of March A.D. 1886 State of Minnesota, County of Sherburne Town of Elk River SS: Whereas, a road cartway was laid out and located on the 23rd day of February AD. 1886, by us, the Supervisors of the said Town of Elk River on the petition of ten legal voters who are residents and freeholders of said Town 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 cartway 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 cartway 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 X X X X X X 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 cartway said road, to-wit: as follows to wit: Owners of Lands Description of Lands Sec Town Range T.L. Olson SW ¼ SE ¼ 1 33 26 5.00 Given under out hands this 23 day of February A.D. 1886 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 February 23 1886 and recorded August 20, 1886 Town Clerk 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, February 23 A.D. 1886 Ownership and Description of Lands as given in the Petition Owners of Lands Description of Lands Section. Town. Range. SW 4 and NE 4 28 33 26 E 2 NW ¼ 28 33 26 SW 4 NW 4 28 33 26 NW 4 NW 4 28 33 26 NE 4 NE 4 29 33 26 SE 4 NE 4 29 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 Notices, When Whom Served Served and Where Posted Petition posted Jan 13, 1886 by A.H. Nickerson one at post office, one at Campbell and Libby’s Store, and one at Bailey’s store. Notice posted Feb 12, 1886 by town clerk at locations above 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 laid out and established, 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 two rods north of the south east corner of the south west quarter of the north east quarter of section 28, town 33, range 26 and running thence west and a line parallel to the quarter section line and two rods therefrom as near as may be found practicable for a road to the east line of the south west quarter of the north west quarter of said section 28, thence on said east line as near as practicalble for a road to the north east corner of said south west quarter of the north west quarter of section 28, thence west and on the line the forty acre tracts as near as may be found practicable for a road to intersect the Road so called at the south west corner of the north east quarter of the north east quarter of section 29, town 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 23rd day of February A.D. 1886, at the Town Clerk’s office at 1 o’clock in the afternoon 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 a establishing the same, and being of the opinion that such road was necessary and proper, and that the public interest would be promoted thereby, we granted the prayer of said petitioners, and determined to layout and establish 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 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 23 day of February A.D. 1886. 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: Beginning at a point two rods north of the south east corner of the south west quarter of the north east quarter of section 28, town 33, range 26 and running as follows: And that below is a correct plat of said road according to said survey. Dated at Elk River this 24 day of February A.D. 1886 State of Minnesota, County of Sherburne Town of Elk River SS: Whereas, a road was laid out and established on the 23rd day of February AD. 1886, by us, the Supervisors of the said Town of Elk River on the petition of ten 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 Now therefore That Whereas, a part of the damages sustained by reason of the laying out and establishing said road cartway 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 X X X X X X 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 locating and establishing said road, to-wit: Owners of Lands Description of Lands Sec Town Range E 2 NW 4 1 33 26 SW 4 NW 4 28 33 26 NW 4 NW 4 28 33 26 NE 4 NE 4 29 33 26 SE 4 NE 4 29 33 26 Given under out hands this 23 day of February A.D. 1886 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 February 23 1886 and recorded August 30, 1886 Town Clerk