12-16-1893 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 by the Supervisors of
the Town of Elk River, 16 December A.D. 1893
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
8 33 26
SE ¼
9 33 26
NW 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 Land unoccupied
posted Nov 13,
1893 by D.R.
Houlton as follows:
one at front door
of court house; one
at front door of
skating rink; one at
east end of stable
owned by D.R.
Houlton – copies
of notice of
hearing posted by
E.E. Bryant Dec 5,
1893 at same place
as above
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 7 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 two one miles of the road proposed in said petition to be laid out, which said
petition was filed with the town clerk and, 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 on the south line of
section eight (8) in township thirty-three (33) range twenty-six (26) in said county and
at a point where said section is crossed by the Keasling and Elk River County road so called as now
located and traveled. Thence in a northeasterly direction as nearly as practicable for a road to the
south east corner of the south west quarter of the south west quarter of section four (4) same
and range aforesaid.
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 16 day of December A.D. 1893, at the sheriff’s office at court house in village 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 the laying out of the same, and being of the
opinion that such highway was necessary and proper, and that the public interest would be
promoted thereby, we granted the prayer of said petitioners, and determined to 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 established, and located is as follows to-wit: Beginning at a point
th
in the south line of 7.33 R. 26 4 P.M. where said south line is crossed
by the Keasling and Elk River County road, so called, and running thru as follows:
Station Bearing trees Courses Distance Chains
1 N 34° E 4.50
2 Bl oak 6. N 31 ¼° W .47 N 55 ¼° E 8.81
3 “ 6 S. 75 ½° W .53 N. 40 ¾° E 6.42
4 “ 8 S. 78 ¼° W .46 N. 73° E 18.63
5 “ 8 S. 22° W. 53 N 42 ¼° E 5.00
6 “ 9 N. 20° W .41 N 34 ½° E 5.50
7 “ 6 N. 85 ¾° W .44 N 15° E 5.00
8 N. 31° E 7.11
to ¼ in E. line of station 8
9 ¼ section post N. 71° E 13.20
10 Bl oak 10 N. 53 ¾° W. 47 to east line of W ½ of N 54 ½ E 10.00
NW ¼ of station 9
11 Br oak 6 S. 45 ½° E 35 to SE Corner of SW ¼ of North 7.33 R 28.50
SW ¼ station 4 26
12 Bl oak 8 S. 66 ½° W 46
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 16 day of December A.D. 1893.
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:
th
Beginning at a point in the south line of section 8, township 33, range 26, 4 P.M. where said south
line is crossed by the Keasling and Elk River County Road, so called, and running them as follows:
Station Bearing trees Courses Distance Chains
1 N 34° E 4.50
2 Bl oak 6. N 31 ¼° W .47 N 55 ¼° E 8.81
3 “ 6 S. 75 ½° W .53 N. 40 ¾° E 6.42
4 “ 8 S. 78 ¼° W .46 N. 73° E 18.63
5 “ 8 S. 22° W. 53 N 42 ¼° E 5.00
6 “ 9 N. 20° W .41 N 34 ½° E 5.50
7 “ 6 N. 85 ¾° W .44 N 15° E 5.00
8 N. 31° E 7.11
to ¼ in E. line of station 8
9 ¼ section post N. 71° E 13.20
10 Bl oak 10 N. 53 ¾° W. 47 to east line of W ½ of N 54 ½ E 10.00
NW ¼ of station 9
11 Br oak 6 S. 45 ½° E 35 to SE Corner of SW ¼ of North 7.33 R 28.50
SW ¼ station 4 26
12 Bl oak 8 S. 66 ½° W 46
And that below is a correct plat of said road according to said survey.
Dated Given under my hand at Elk River this 16th day of December A.D. 1893
Park of Township 33, Range 26
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out and established on the 16 day of December AD. 1893, by us, the
Supervisors of the said Town of Elk River on the petition of 7 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 two miles of said road; which said road as located
and established 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 and establishing said road, to-wit:
Owners of Lands Description of Lands Sec Town Range
SE ¼ 8 33 26
NW ¼ 9 33 26
Given under out hands this 16 day of December A.D. 1893.
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 December 16 1893 and recorded July 19, 1893
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 by the Supervisors of
the Town of Elk River, 16 December A.D. 1893
Ownership and Description of Lands as given in the Petition
Owners of Lands DescriptioSectionTownRange
n of Lands . . .
South half 5 33 26
North half 8 33 26
South west 4 33 26
quarter
West half 4 33 26
of
southeast
quarter
North west 9 33 26
quarter
SE ¼ of 4 33 26
SE ¼
N ½ of 9 33 26
NE ¼
SW ¼ 3 33 26
NW ¼ of 10 33 26
NW ¼
NE ¼ of 10 33 26
NW ¼
Right of 4 33 26
way across
SW ¼ of
SE ¼
And NW 9 33 26
¼ of NE
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 Supervisors’ Notice on Whom Served How
and Served
Notices,
When
and
Where
Posted
Copies Copy
of Copy
petition Personally
posted Personally
Nov. 13,
1893, by
D.R.
Houlton
as
follows:
one at
front
door of
court
house;
one at
front
door of
skating
rink; one
at east
end of
stable
owned
by D.R.
Houlton.
Copies
of notice
of
hearing
posted
by E.E.
Bryant
Dec 10,
1893 at
same
places as
above
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 7 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 two one miles of the road proposed in said petition to be laid out, which said
petition was filed with the town clerk and, 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 on the south line of
section five (5) in township thirty-three (33) range twenty-six (26) in said county and state above
named at a point where said section line is crossed by the Keasling and Elk River County road so
called as now traveled. Thence in a easterly direction along the section line between sections five and
eight and four and nine and three and ten as near as practicable for a road to intersect with the
Princeton and Elk River county road at a point where said road crosses the south line of section
three, same town and range aforesaid.
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 16 day of December A.D. 1893, at the sheriff’s office at court house in village 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 the laying out of the same, and being of the
opinion that such highway was necessary and proper, and that the public interest would be
promoted thereby, we granted the prayer of said petitioners, and determined to 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 established, and located is as follows to-wit: Beginning shown in
the said Surveyor’s report hereto attached and made a part of this order
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 16 day of December A.D. 1893.
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 in the south line of section 10, township 33, range 26 where said line is crossed
by the “Keasling and Elk River County Road”, which point is 5 46/100 chains east from the ¼
section post in the south line of said section 5 and running thence as the attached file notes.
Station Bearing trees Links Courses Distance Remarks
Chains
1 Bl oak 15 in S 37 1/2° W 50 East 75.55 On section line 2 ¼ post in south line
of section 47B 33 Ng. 26 across
Railroad 1s section line
2 ¼ section post in s. line sect N 80 ¾ ° E 20.11
4
3 Bl oak 12 S 74° E 50 S. 34 ¼° E 4.12
4 Br oak 8 N 54° E 29 S 68 ¾ E .85
5 Bl oak 75.54 ½° W 37 S 59° E 2.09 To top of line
6 Bl oak 13 S 50° W 27 N 79° E 2.50
7 Bl oak 10 N 30 E 37 N 62 ¾ E 15.70 At 2.70 crossed south line of section
4 at 10 ch. West from the S.E. corner
8 Br. Oak 8 N. 19° W 45 S 84 ½° E 4.20
9 Bl oak 85.40 ¾° W 42 S 76 ¼° E 6.69 At N.E. side of hill
10 Br oak 9 N.21 ½° W 82 S 32 ½ E 6.96
11 Bl oak 7 N 44° E 44 N 89 ½° E 8.07
12 Bl oak 6S.66° E 74 N 69 1/2 E 8.94 To the point on the south line of NE.
3 Tp 33 Rg. 26 where same is
crossed by Nickerson and Princeton
Co road and 7.50 ch. West of ¼ post
13 No tree near South 2.24
14 Bl oak 10 S.24 ½ ° E 64
And that below is a correct plat of said road according to said survey.
Dated at Elk River this 16th day of December A.D. 1893
Part of Township 33, Range 26
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out and established on the 16 day of December AD. 1893, by us, the
Supervisors of the said Town of Elk River on the petition of 7 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 two miles of said road; which said road as located
and established 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 and establishing said road, to-wit:
Owners of Lands DescriptioSectionTownRange
n of Lands . . .
South half 5 33 26
North half 8 33 26
South west 4 33 26
quarter
West half 4 33 26
of
southeast
quarter
North west 9 33 26
quarter
SE ¼ of 4 33 26
SE ¼
N ½ of 9 33 26
NE ¼
SW ¼ 3 33 26
NW ¼ of 10 33 26
NW ¼
NE ¼ of 10 33 26
NW ¼
Right of 4 33 26
way across
SW ¼ of
SE ¼
And NW 9 33 26
¼ of NE
¼
Given under out hands this 16 day of December A.D. 1893.
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 December 16 1893 and recorded July 19, 1894
Town Clerk