12-02-1939 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 for widening by the
Supervisors of the Town of Elk River, Jan 28 A.D. 1939
Ownership and Description of Lands as given in the Petition
Owners of Lands Description of Lands Section. Town. Range.
SW ¼ of SE ¼ 36 33 26
S 40 rods NE ¼ of SE 36 33 26
¼
SE ¼ of SE 1/4 NW 36 33 26
¼ of SE ¼ SW ¼ of
NE ¼
N 40 rods NE ¼ of SE 36 33 26
¼
E ½ of NE ¼ 36 33 26
NW ¼ of NE ¼ 36 33 26
E 106 2/3 rods of S ½ 25 33 26
SE ¼ 25 33 26
SW ¼ of NE ¼ 25 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 and Whom Served
Where Posted
Sept 8, 1939 Bulletin Reg. mail
Board at “
courthouse, bulletin Personal
board at creamery, “
pole across road “
from John Vicha’s “
place “
“
“
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 widened, 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 road is set forth and described in said petition as follows,
viz: Beginning at center of Sec 25 Twp 33 Range 26 thence running East one quarter line
approximately 53 1/3 rods thence South 159 rds to one rd. north of south line of said Sec. 25,
thence east approximately 26 2/3 rods thence south on 1/16 line to intersection with Co. Aid road
No. 30 a total distance of approximately 1.72 miles
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 __ day of __A.D. 18__, at ___ 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
same, and being of the opinion that such ___ was necessary and proper, and that the public interest
would be promoted thereby, we granted the prayer of said petitioners, and determined to ___ 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
It is therefore Ordered and Determined that a road be, and the same is hereby widened 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 December A.D. 1939.
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:
And that below is a correct plat of said road according to said survey.
State of Minnesota, County of Sherburne Town of Elk River SS:
Whereas, a road was laid out ___ on the __ day of __ AD. 18__, by us, the Supervisors of the said
Town of ___ 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 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
N 40 rods of NE ¼ of SE ¼ 36 33 26 $25.00
E ½ of NE ¼ 36 33 26 $25.00
NW ¼ of NE ¼ 36 33 26 $25.00
SE ¼ 25 33 26 $50.00
E 106 2/3 rods of S ½ 25 33 26 $15.00
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 ___ said road, to-wit:
Owners of Lands Description of Lands Section. Town. Range.
Given under out hands this 2 day of December A.D. 1939.
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 Dec 2, 1939 and recorded Jan 2, 1940
Town Clerk