03-17-1888 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 by the
Supervisors of the Town of Elk River, March 17 A.D. 1888
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
12 33 26
South east quarter of south
east quarter
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:
Station Bearing Trees Course Distance Remarks
1 Station 5 in Cameron Road N 77° E 5.30 On line of Cam
Road
2 Station 5 in Cameron Road N 11° E 7.00
3 Bl. Oak 9N78 3/4° E 103 N 1 ¾°E 20.00
4 Bl. Oak 7N81°E 50 N 41°E 6.30
5 Bl. Oak 6S 731/4° W 57 N 3 ½°W 10.00
6 Bl. Oak 10N481/2°W 34 N 39° E 6.50
7 W. oak 18N603/4°W 44 N 1°W 6.00
8 Bl Oak 16N191/2°E 104 N 1 ¾°E 33.00
9 Elm 11N61 ¾°E 99 N 22 ¾ E 5.10
10 N. Oak 9 N 69°E 35 N37°N 5.35
11 Bl. Oak 9S 75 ¾°E 39 N 5° E 14.00
12 Bl Oak 9N843/4°N 143 N42°W 9.80
13 Bl. Oak 8N761/2°E 31 N12°W 16.00
14 Bl Oak 6N 65 ¾° W 63 N 5 ¾ ° W 21.05 At 15.65 crossed
south line of Sect
14 at 11.09 E of
¼ post
15 Bl Oak 6S70°E 39 N36 ½°W 7.00
16 Bl Oak 6 S 77° W 41 N 17 ½° W 2.89
17 Bl Oak 5N83 3/4° E 63 N 23 ¾° E 6.16
18 Bl Oak 14N 61 ¾° W 74 N 40 ½° E 4.59
19 Bl Oak 10S 41°E 22 N 6 ½°E 12.00
20 No tree near N 34°W 3.71
21 No tree near N 15 ½° W 4.00
22 Poplar 3N83 1/2° E 23 N 52 ¼ W 8.19 Across meadow
23 Bl Oak 5S 61 ¼°W 68 N 2 ¾°W 5.00
24 Bl Oak 10S 39°W 84 N 68 ½°W 11.50
25 Br. Oak 3N5 ¾°W 41 S 85°W 7.54
26 Bl Oak 10N 40 ½° W 61 N 65 ¾° 5.59 To station 4 in
Eagle Lake Road
Names of Petitioners Petition and Supervisors’ Notice How Served
Notices, When and on Whom Served
Where Posted
Petition posted Jan
18, 1888 one at Post
vacant and
office, one at
unoccupied = No
notice served
and Shaw’s
store and one at A.
Bailey’s store.
Notice posted Feb
28, 1888 as noted
above.
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 are residents and freeholders
of said town praying that a public cartway be laid out, located 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 cartway is set forth and described in said petition as follows, viz:
Beginning at a point on the line of an existing highway the section line on the east
side of section twelve (12) in Township 33 north of range 26 west, which point is eight (8) rods
south of the north east corner of the south east quarter of the south east quarter of said section 12;
thence running in a westerly direction over and by the most practicable and feasible route for such
cartway to the south east corner of the north west quarter of the south east quarter of said section
twelve in said township and range and all in said town
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 14 day of March A.D. 1888, at 8 30 o’clock am at the house of
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 land over which said cartway would pass is wholly vacant and
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, locating and
establishing 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 said located and established cartway 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 existing highway and on the east line of section
12 township 33 range 26 which point is 2 chains south of the north east corner of the south east
quarter of the south east quarter of said section 12 and running thru west 13 69/100 chains to a
stake ( black oak 9 in S 16°N 13 links) thence N. 73 ¾° W 6 60 chains
the North West coener of said south east quarteter of the south east quarter of section 12, township
33, range 26
It is therefore Ordered and Determined that a road 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 cartway.
Given under our hands, this 17 day of March A.D. 1888.
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 highway and on the east line of section 12 township 33 range 26
which point is 2 chains south of the north east corner of the south east quarter of the south east
quarter of said section 12 and running thru west 13 69/100 chains to a stake (
black oak 9 in S 16°N 13 links) thence N. 73 ¾° W 6 60 chains the
North West coener of said south east quarteter of the south east quarter of section 12, township 33,
range 26
And that below is a correct plat of said road cartway according to said survey.
Dated at Elk River this 16 day of March A.D. 1888
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road cartway was laid out and located on the 17 day of March AD. 1888, by us, the
Supervisors of the said Town of Elk River on the petition of 6 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 __ 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 we have not
beingeen 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 cartway will confer on them him are equal to all damages sustained by them him
by reason of laying out locating and establishing said road cartway, to-wit: as follows to wit:
Owners of Lands Description of Lands Sec Town Range
SE ¼ SE ¼ 12 33 26
Given under out hands this 17 day of March A.D. 1888
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 March 17 1888 and recorded April 26, 1888
Town Clerk