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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 /> 3. Segner shall immediately construct, at her sole expense, apermanent <br /> rmanabuttintg fence <br /> along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel <br /> side <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 pced e8'' apart. No gate for vehicular access to <br /> Hillside Place shall be installed as part of such <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 the3300 Parcel, and shall300 Parcel. <br /> ic ter exclusively utilize such new <br /> driveway access to and from Navarre Lane to <br /> 6. Segner and Merinos agree that only the owners of the 3286 Parcel and the <br /> 3290 Parcel, and their respective invitees, shall beod made part hereof (the "Privateowed to utilize that portion of <br /> Place legally described on Exhibit "C" attachedhereto <br /> Drive") for private driveway purposes as allowed by the City's Code Section 6.06, <br /> Subdivision 9, except that incidental use of said richt-of-way by public and/or private <br /> emergency vehicles, school buses and the public for access to adjoining properties or other <br /> incidental travel shall be permitted. <br /> 7. Marizos 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 /> o Citydesires to <br /> notice to <br /> Marinos and Berner that the <br /> (b) Immediately upon <br /> open Hillside Place for public travel,a Driveand rand �ore Hillser shall, ide Place to <br /> t their sole <br /> expense, immediately remove the <br /> grade. <br /> /22039422 lOI26/94 <br />