10-02-1895 Supervisors Road Order part 2
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, Oct 2 A.D. 1895
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
SW ¼ of SW ¼ 36 33 26
SE ¼ of SW ¼ and NW 36 33 26
¼ of SW ¼
SE ¼ of NW ¼ 36 33 26
NE ¼ of NW ¼ 36 33 26
NE ¼ 36 33 26
NE ¼ of SW ¼ 36 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 Served
Notices, When Whom Served
and Where
Posted
Copies of Personally
petition posted “
th
9 of July 1895 “
by W.S. Babcock “
as follows one at “
Post Office, One
at Music Hall,
One at Bailey’s
store. Copies of
Notice of hearing
posted by
Andrew Davis at
same place as
above
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 9 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 road is set forth and described in said petition as
follows, viz: Beginning at the south east corner of the south west quarter of the southwest quarter of
section 36, township 33, range 26 and running from thence northerly and north easterly on the most
practicable route for a road to the north east corner of the north west quarter of section 36,
township 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 30 day of September A.D. 1895, at Town Clerk’s office 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 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 lay out 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 shown in the 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, 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 2 day of October 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 S.E. corner of SW ¼ of SW ¼ of section 36, township 33, range 26 thence running
as follows with a variation of 8 degrees and 7 minutes
Station Bearing trees Links Courses Distance Remarks
Chains
1 SE cor. SW ¼ of SW ¼ Sect North 29.26 On 1/16 Sect line
36
2 W ash 7 S 42E 68 N 31 ½° E 3.72
3 Elm 14 N 31° W 37 N 61 ¼° E 4.90 Along top of ridge
4 Elm 10 North 20 N 89 ½° E 6.23
5 Elm 9 S 7° E 27 N 62° E 4.30
6 Elm 9 N 60° W 35 N 46 ¾°E 6.30
7 Bl oak 6 N 69° W 54 N 63 ½° E 6.90
8 W oak 6 N 78° W 114 N 29 ½° E 5.26
9 Bl oak 4 N 87° E 28 N 27° W 17.50 To ¼ sect. post in north line
of sect. 36, twp 33 rg 26
10 No tree near N 8° W 15.13
And that below is a correct plat of said road according to said survey.
Dated at Elk River this 5th day of Oct A.D. 1895
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out and established on the 30 day of Sept AD. 1895, by us, the Supervisors
of the said Town of Elk River on the petition of 9 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 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 and establishing 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
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 Section. Town. Range.
Lands
SW ¼ of SW ¼ 36 33 26
SE ¼ of SW ¼ and 36 33 26
NW ¼ of SW ¼
SE ¼ of NW ¼ 36 33 26
NE ¼ of NW ¼ 36 33 26
NE ¼ 36 33 26
NE ¼ of SW ¼ 36 33 26
Given under out hands this 2 day of October 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 Oct 2 1895 and recorded March 3, 1896
Town Clerk