The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1901-09-11


compensation to be made 10
the owners respectively of
and the tenants inCumhran-
GERS and others interested in
the lands or real estate in the
County OF Redwood. proposed
TO be taken for the purposes
OF said railway company.
To E. G. COMSTOCK:
You will please take notice that the pett-
ton OF Minnesota Western Railway Com
pany tor the condemnation of certain lands
IN redwood county, Minnesota, is on file in
the office OF the Clerk of the District Court
IN and Tor Redwood county, Minnesota
That said petition will be presented to the.
district court OF said Redwood county on the
9Th day of October, 1901, at the hour of 1920
O'Clock in the forenoon, in the court room in
the county court house at Redwood Falls
Redwood county, Minnesota
That there is annexed hereto and made n
part hereof a copy of said petition. wherein
are stated the OBJECTS of said petition and
description or the lands proposed to be
taken.
Dated August Goth, 1901
MINNESOTA WESTERN RAILWAY
COMPANY,
BY BROWN. ABBOTT & SOMsEN.
and FRANK CLAGUF.
Sep4-3 Its Attorneys.
TITLE
To the District Court in and for the County
Of Redwood, and State of Minnesota:
The petition Of Minnesota Western Rail
way Company respectfully states and shows
to the Court:
l. That your petitioner now is and tor
some time last past has been a railroad
company. duly created organized and eX
listing under and by virtue of the laws of the
State of Minnesota. and duly authorized by
said laws to survey, locate. construct and
operate line of railway, with all necessary
and convenient side tracks, turnouts. switch
es, telegraph lines. sites, grounds for depotS,
shops and other buildings and other apnlr-
tenanCeS from point on the line of Chicago
& Northwestern Railway Company at or
near Evan in Brown county. Minnesota. in
a westerly. and nOrthWcSterly direction
through Redwood county and into Lyon
county. a distance of about fifty miles. TO
point on the line of Chicago & Northwestern
Railway Company at or near Marshall. LvOn
county, Minnesota.
that your petitioner is duly vested with
all the powers and franchises in the premi-
Ses conferred by the laws of said state. in
Guiding the right to acquire property through
the exercise of eminent domain by condem-
nation. a in said laws provided for for
rights of way. sites and grounds for depots
shops and other buildings necessary for said
enterprise.
2 That the public interests require the
prosecution of said enterprise, and the com
pletioD. maintenance and operation of said
line of railway, with its appurtenances.
That petitioner is now engaged in the pros
eCutiOn thereof
That the lands or real estate. and each
parcel thereof hereinafter described and
proposed to be taken and controlled by your
petitioner are required and necessary for
the purpose thereof.
8. That the proposed line Of railway be-
gins on the line OF the Chicago & Northwest
ern Railway Company at or near the village
of Evan. in Prairieville township. Brown
county, Minnesota, and runs thence in
westerly and northWesterly direction to a
point on the Tine OF the Chicago i North
western Railway at or near the village of
Marshall, Lyon county Minnesota.
4. That plat II map, showing and de
scrbing with reasonable certainty and &C
curaCy the center line of petitioners said
railway in and through SAID Redwood COun-
ty, as the same has been aud is located and
6atG r1a1 he Ia nd tn hE hon for
said enterprise. was on August 9Th. 1901
duly filed in the office of the Clerk OF the
District Court of said Redwood county, Min
nesota, marked and designated as q plat of
the center. line OF said railway, which plat
is now Oh file therein and may be referred
to for greater certainty, and WberetrOm
may be ascertained the beginning, end and
entire location of the center line OF sad
railway. as the same has been and is located,
surveyed and staked outin the state OF Min
neSOta
5. That in and about the construction,
maintenance. use and operation Of petition
er's said railway, stations, siGetraCks,
switches, telegraph lines and other appur
tenances and instrumentalities which are
necessary, proper and convenient therefor,
it is necessary for your petitioner to appro-
pirate tO1tS own use and control. and 10 &C
quire complete right and title to the follow
ing described lands and real estate. lying
and being in said county of Redwood, that
is to say:
Astrip of land of various widths,in no place
less than 100 feet in width, running over the
entire length of petitioners line OF railway
in and through said Redwood county, as the
same has been located and determined said
land and real estate lying and being on
either side of said center line as shown by
the plat thereof above referred to.
g. Your petitioner Further shows that the
parcels of land which it is necessary to take.
appropriate and use in and by this proceed
ing for the purpose of said enterprise and
which it has been and is unable to acquire
by agreement with the owners thereof, are
described as follows. which description sets
q n MI M
tenant. 1nCumbrancer or person interested
in said lands or any part thereof, SO far as
the same can be ascertained by the public
records, by view of the premises, or other
inquiry touching the use and occupation
thereof, that is to say:
A strip of land of and across the north
west quarter of the northeast quarter Of
section twenty six (26), township one hum
dred eleven Gid nor tn, range thirty-seyen
SD west, lying between lines parallel to, on
center line of said Minnesota Western Rail-
way, as the same has been surveyed, staked
out and located over and across said prem
ises, and as appears from the plat of said
land attached to the original petition here
in, m arked Exhibit "E,' wherein said cen
ter line is colored black and the land to be
taken aforesaid is colored yellow. which PEE
tition. together with said plat, is on file in
the Office of the clerk Of said court at
Redwood Fails. Redwood county, Minnesota.
That e. G.. ComstOck. an unmarried man,
is the owner of said described premises.
Wherefore. your petitioner respectfully
prdyS Tor an order OF THIS COEIt- TO De re-
corded in it's minutes. authorizing it to ac-
quire and appropriate the property herein
before described for the purposes herein be-
fore set forth, and appointing three compe.
tent, disinterested persons, residents OF aid
Redwood county, commissioners to ascer-
tain and determine the amount by it to be
paid to such owners and each of them, or
persons interested, as compensation for his
or her damages by reason OF the taking or
injuriously affecting any such lands, estates,
property or interests. and specifying therein
the time and place for the first meeting of
such commissioners and fixing their COM
pensation.
Dated August 22d. 1901
MARVIN HUGHITT,
Company.
j. B. REDF1ELD,
Secretary of Minnesota Western Railway
IL Company.
s. CORPORATE
4 SEAL.
BROWN, ABBOTT g. SoMsEN,
and FRANK CLAGUE.
Attorneys for Petitioner,