03-24-1898 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 and established by the
Supervisors of the Town of Elk River Sherburne Co, A.D. 1898
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
SW 4 of SE 4 36 33 26
SE 4 of SE 4 36 33 26
NE 4 of SE 4 36 33 26
NW 4 of SE 4 36 33 26
NE 4 36 33 26
SE 4 of NW 4 36 33 26
NE 4 of NW 4 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
One in post Personally
office, one at
Courthouse, one
at entrance to
Music Hall.
Petitions posted
Feb 4, 1898
Notice of hearing
posted in same
places on Mar 5
1898
STATE OF MINNESOTA, County of Sherburne Town of Elk River SS:
Whereas, upon the petition of 18 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 three mile of the road proposed in said petition to be ___, 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 a point on the West line of the South east quarter of the south east quarter
of Section 36, Township 33, Range 26 in the said town, County and State above mentioned when
the Hildreth road intersects the same and running from thence northerly on the practicable route for
a road to the south west corner of the north east quarter of said Section 36 and thence running
westerly on the most practicable route for a road to the south east corner of the north east quarter
of the north west quarter of said section 30
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 22 day of March A.D. 1898, at Town Clerk’s office Elk River Minn 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 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 as shown in Surveyor’s Report hereunto 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 cartway 2 rods wide, the said description above given being the center of said road.
Given under our hands, this 24 day of March A.D. 1898.
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 on the west line of the SE 4 of SE 4 of Sec 36 Town 33 Range 26 where the
Hildreth road intersects the same thence running as follows with a variation of 7° 30 m
Station Bearing Trees Course Distance Remarks
1 SW cor of SE 4 of SE 4 Sec North 57.50 On lot line to SW
36 Twp 33 Rg 26 2 50/100 cor of NE 4 of
ch NE 4
2 Bl oak 9 S 14 E 95 West 14.75 “
3 No tree near N 34° W 1.82
4 “ S 71° W 4.50 To SW cor of
NE 4 of
sec 36 T-33 R26
And that below is a correct plat of said road according to said survey.
Dated at Elk River this 24th day of Mar A.D. 1898
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out and established on the 22 day of Mar AD. 1898, by us, the Supervisors
of the said Town of Elk River on the petition of 18 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 three mile 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 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
SW 4 of SE 4 36 33 26 8.50
SE 4 of SE 4 36 33 26 8.50
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 Section. Town. Range.
NE 4 of SE 4 36 33 26
NW 4 of SE 4 36 33 26
NE 4 36 33 26
SE 4 of NW 4 36 33 26
NE 4 of NW 4 36 33 26
Given under out hands this 24 day of March A.D. 1898.
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 24 1898 and recorded March 7, 1898
Town Clerk