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eKN _ <br /> - <br /> NOW, THEREFORE, in consideration of the City allowing the private drive servicing <br /> the 3286 Parcel and the 3290 Parcel to be located in Hillside Place and the mutual benefits to <br /> be derived therefrom, Segner and Marinas agree as follows: <br /> AGREEMENTS: <br /> 1. The foregoing recitals are incorporated as part of this Agreement. <br /> 2. All use of Hillside Place for access purposes to and from the 2260 Parcel and <br /> the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. <br /> • <br /> 3. Segner shall immediately construct, at her sole expense, a permanent fence <br /> along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel abutting Hillside <br /> Place. Said fence shall at a minimum be 36" in height with two 2"X4" rails at approximately <br /> 18" and 36" above grade, with 4"X4" posts spaced 8' apart. No gate for vehicular access to <br /> Hillside Place shall be installed as part of such fence. <br /> 4. Segner shall immediately and exclusively utilize the existing driveway from the <br /> 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. <br /> 5. Segner shall immediately construct at her sole expense, a new driveway access <br /> to Navarre Lane to service the 3300 Parcel, and shall thereafter exclusively utilize such new <br /> driveway access to and from Navarre Lane to the 3300 Parcel. <br /> 6. Segner and Marinas agree that only the owners of the 3286 Parcel and the <br /> 3290 Parcel, and their respective invitees, shall be allowed to utilize that portion of Hillside <br /> Place legally described on Exhibit "C" attached hereto and made a part hereof (the "Private <br /> Drive") for private driveway p driveway s as allowed by the City's Code Section 6.06, <br /> f , Subdivision 9, except that incidental use of said right-of-way by public and/or private <br /> 4l emergency vehicles, school buses and the public for access to adjoining properties or other <br /> incidental travel shall be permitted. <br /> 7. Marinas and Segner hereby agree: <br /> (a) The Private Drive shall be constructed and maintained at Segner and <br /> Marinas sole expense in accordance with all applicable City Code <br /> requirements; and <br /> (b) Immediately upon notice to Marinas and Segner that the <br /> City <br /> desires to <br /> open Hillside Place for public travel, Marinas <br /> and Segner <br /> shall, at their sole <br /> expense, immediatelyremove the Private Drive e and restore Hillside Place to <br /> grade. <br /> /22059422 1 0/26494 <br />