10-23-1891 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
the Town of Elk River, October 23 A.D. 1891
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
22 33 26
NE ¼ of NE ¼
21 33 26
E ½ of SE ¼
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’ How Served
Notices, When and Notice on Whom
Where Posted Served
Copies of petition W.H. Houlton, the
posted Sept 19, only occupant, of
1891 by EE Bryant said land by
to wit: one at handing a copy of
Bailey’s Store; one same to him
at the skating rink
one at the post
office
Copies of notice of
hearing posted by
EE Bryant Oct 13,
1891 at same
places
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 change is set forth and described in said petition as
follows, viz: Beginning at a point in said highway where the same crosses the north line of the
southesast quarter of the northeast quarter of section twenty-eight (28) in township thirty-three (33)
of twenty-six (26) as now located and travelled; thence running in a northeasterly direction
along the most practicable route for a road to the northeast corner of the southeast quarter of
section twenty-one (21) said town and range at which point it intersects with said highway prayed to
be changed
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 23 day of October A.D. 1891, at the town clerk’s office in said town of Elk River 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 changing 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 change 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 in said highway when the same crosses
the north line of the southeast quarter of the northeast quarter of section twenty-eight (28) in
township thirty-three (33) of range twenty-six (26) as now located and travelled; thence running in a
northeasterly section along the most practicalbe route for a road as the northeast corner of the
southeast quarter of section twenty-one (21) said town and range; at which point it intersects with
said highway prayed to be changed
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 __ rods wide, the said description above given being the center of said road cartway.
Given under our hands, this 23 day of October A.D. 1891.
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 change in a road in said Town
of Elk River would report that the following is a correct survey thereof, as made by me under your
directions, to wit:
Beginning at a point in the Norval Road so called where said road crosses the north line of southeast
quarter of the northeast of section 28, Township 33, Range 26 and running thru as follows:
Bearing trees Courses Distance in chains Remarks
1 N 30° E 26.50 At 24.50 ch.
N. line
of sect 857 w of
to top of hill
2 Bl oak 7 N. 34 E. N 38 ½° W 4.91
41
3 “ 4 S. 35 ¾ W 42 N. 14 ½° E 8.00
4 “ 4 S. 72° E 38 N 38° E 4.00
5 W. “ 8 S 58° W 98 N 30 ¾° E 13.20 To east line of
section 21
6 “ 45 80° W 29 North 10.66 On Ave line So ¼
sec part in E. line
of sec. 21
And that below is a correct plat of said road according to said survey.
Dated at Elk River this 10 day of November A.D. 1891
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out changed on the 23 day of October AD. 1891, by us, the Supervisors of
the said Town of Elk River on the petition of 10 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 changed 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 changing of 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 not 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 the changing of said road, to-wit:
Owners of Lands Description of Lands Sec Town Range
NE ¼ of NE ¼ 22 33 26
E ½ of SE ¼ 21 33 26
Given under out hands this 23 day of October A.D. 1891.
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 October 23 1891 and recorded December 22, 1892
Town Clerk