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� .7 <br /> �i <br /> , ' <br /> to whether or not that should be a part of this deal <br /> preserve or shouldn ' t it be preserved for public <br /> parking and access to the lake . <br /> Mr . Craig Moen - In other words , acquired from the <br /> Gregory' s . <br /> City Attorney Malkerson - That is right . .And I <br /> understand that the councilmembers are askinq if <br /> there is any support for including that into his <br /> motion . <br /> Mayor Butler - Let us address the motion that we <br /> have in front of us , unamended and untainted by any <br /> further conversation . All of those in favor of <br /> the motion - -------- <br /> Counci_lman Frahm - I need to have an answer from <br /> our attorney down there as to whether there is a <br /> way we can perform a subdivision and leave the <br /> vacation alone . <br /> City Attorney Malkerson - I believe that the lots <br /> on the west side can certainly come up to the <br /> platted riqht of way and stop there as to the piece <br /> of_ property down there called outlot to city by <br /> contract , that piece because it has never been a <br /> part of a formal platted right of way, that has , to <br /> me as a lawyer , an altogether different type of <br /> legal standing . It is not a platted right of way <br /> but from my inspection of the property I concur <br /> with Al Olson' s conclusions that lot of that red <br /> outlot to city by contract , especially the most <br /> southern section and as it goes further down <br /> across the Gregory outline all the way down , that <br /> was really created by the government years ago <br /> when the county road was either realigned or <br /> widened , when you look at all the boulders that are <br /> in there , those aren ' t bolders ----------to the <br /> area they are all ones that were brought in to <br /> build the base of the road , and you can see where <br /> they took the old road bed ripped it up and put it <br />� down there . Now Mr . Weed and others can have much <br /> better knowledge of either A1 or I on that subject <br /> and we would be interested in that . But it seems <br /> to us a lot that property on Browns Bay in fact is <br /> part of the right of way of the county just as a <br /> matter of law accretions building out into the <br /> lake by the government , they own it. <br /> Councilman Frahm - But as far as Bracketts Avenue <br /> to Gregory , and as far as the outlot to City ------ <br /> City Attorney Malkerson - The subdivision will be <br /> approved with leaving them all right there , it <br />