02-05-1895 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, _____A.D. 1895
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Section. Town. Range.
Lands
SW ¼ of SW ¼ 1 33 26
S ½ of SE ¼ 2 33 26
N ½ of SE ¼ 2 33 26
W ½ 2 33 26
N ½ of NE ¼ 3 33 26
NE ¼ of NE ¼ 11 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 Supervisors’ Notice on Whom How
and Served Served
Notices,
When and
Where
Posted
Petitions Personally
posted on served
nd
Dec 22
1894. At
the Post
Office,
skaing
rink, music
hall in said
town.
Notices of
hearing
posted Jan
17 1895 in
the places
above
named
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 8 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, 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 town road is set forth and described in said petition as
follows, viz: Beginning at the southeast corner of section (2) Twp 33, Range 26 running thence
northerly and northwesterly across sections 2 and 3 to the Elk River, Livonia, and Baldwin County
road so called and over the most practicable route for a road across said sections and to a point on
said county road between stations 3 and 4 as recorded in the road calendar in the office of the
auditor of Sherburne County page (11) and to a point on said corner 5 64/100 chains from said
section (3)
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 5 day of February A.D. 1895, at Town Clerk’s office in 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 new road was
necessary and proper, and that the public interest would be promoted thereby, we granted the prayer
of said petitioners, and determined to established 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 show in the said surveyors 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, 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 4 rods wide, the said description above given being the center of said road.
Given under our hands, this 5 day of February A.D. 1895.
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 the south east corner of section (2) Tp 33 Rg 26 thence running as follows with W
section of 9°
Station Bearing trees Links Courses Distance Remarks
Chains
1 SE Cor Sect 2 Twp 33 Rg 26 N 46°W 7.00
2 Bur Oak 13 N 30 ½° E 48 N 19° W 5.50
3 Bur Oak 18 N 77° W 48 N 3 ½°E 2.50
4 Bur Oak 12 S 7° W 22 N 28° W 5.50
5 Wh. Oak 8 S 62 12° W 31 N 75 ½ W 14.50
6 Basswood 12 S 25 ½° E 88 N 28 ½ W 7.00 From St. 6 to Sta. 8 across meadow
7 No tree near N 14 ½° W 8.50
8 Granite boulder S 84 ½ W 57 N 43 ½° W 4.50
9 Basswood 10 N 82 W 50 N 61° W 2.18
10 Wh Oak 20 S 52° W 54 N 89° W 7.50
11 Bl Oak Stump 18 N 16 ¼° E 44 N 83° W 5.00
12 Bl Oak Stump 9 S 14 ½° E 128 West 10.09
13 Bl Oak Stump 7 S 55° W 20 N 39 ¼ W 8.36 To a point between stations 3 and 4
in the Elk River, Livonia and Baldwin
Co. Road and 5 64/100 chains from
stations 3 in said road
14 No Tree N 74 ¾° W 1.20
15 Bl Oak 14 S 57° E 47 N 47° N 9.50
16 Bl Oak 6 N 66° W 45 N 20 ¾° W 5.50
17 Bl Oak 6 S 25° W 48 N 54 ½ W 19.24
18 Bl Oak 5 N 30 ½° E 37
And that below is a correct plat of said road according to said survey.
Dated at Elk River this 5th day of February A.D. 1895
Part of Township 33, Range 26
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out ____ on the 5 day of Feb AD. 1895, by us, the Supervisors of the said
Town of Elk River on the petition of 8 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 ___ 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 new road 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
John Fazakas NW ¼ 2 33 26 $25.00
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 new road said road, to-wit:
Owners of Lands Description of Section. Town. Range.
Lands
SW ¼ of SW ¼ 1 33 26
S ½ of SE ¼ 2 33 26
N ½ of SE ¼ 2 33 26
N ½ of NE ¼ 3 33 26
NE ¼ of NE ¼ 11 33 26
NE ¼ 2 33 26
Given under out hands this 5 day of February A.D. 1895.
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 5 1895 and recorded June 29, 1895
Town Clerk