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. <br /> f • <br /> • <br /> 7' <br /> NOW,THEREFORE,In consideration of the City allowing the private drive servicing <br /> the 3286 Parcel and the 3290 Marcel to be located in Hillside Place and the mutual benefrts to <br /> be derived therefrom,Segner and Merinos agree as follows: <br /> AGENTS: <br /> • <br /> . 1. The foregoing recitals are incorporated as part of this Agree:neat. <br /> 2. Ail 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, 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 he installed.as part of such fence. <br /> 4. Segner shall immediately and exclusively utfli»ze 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 sack new <br /> driveway access to and from Navarre Lane to the 3300 Parcel <br /> 6. Segner and Merinos agree that only the owners of the 3236 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 purposes as allowed by the City's Crick Section 15.06, <br /> Subdivision 9, except that incidental use of said tight-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. .Merinos and Segner hereby agree; -• • .. <br /> (a) The Private Drive shall be constn cted and maintained at Segner and <br /> 'Marines sole expense itt accordance with all applicable City Code . <br /> requirements;and <br /> (b) Immediately upon notice to Marinas and Segner that the City desires to <br /> open Hillside Place for public travel,Merinos and Segner shall,at their sole <br /> expense,immediately remove the Private Drive and restore Hillside Place to <br /> grad .. <br /> • <br /> /2m0594221V 2654 • <br />