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, , � ��,5� _` - . <br /> N�ti�, �REFORE, in consideration of che C.ity allowinQ the private drive servicin� <br /> the 3286 Pazcel �nd tne 3290 Parcel to be located in Hillside Place and the mutual benefits to <br /> be derived ther�from, Se�ner and l�lar�nos agree as follows: <br /> AGREENiENTS: <br /> 1. 'I`he foreooing recitals zre incarporat�d as part of this Agreement, <br /> Z• All use of Hil.lside Pl�ce for access purposes to and from the 2;.60 parcel and <br /> the 3300 P2sce1 shall be discontLzued immediately upon execution of this Agreemen� <br /> 3• Segner shall immediately construct, at her sole expens�, a permanent fence <br /> along the entire easterly boundary of the 2260 Parcel a.nd the 3300 Parcel abutting Hillside <br /> P1aCe. Said fence sE�all at a minimum be 36" in height with two 2°X4" raiis at approximaLely <br /> �$" and 3b" above grade, with 4"X4" posts spzced 8' apart No gat� fer �ehicul� aece;; to <br /> Hillside Place shall he instal.led as pas-t of such fence. <br /> 4. Se�ner shali immediately and exclusively utilizz the e�cistin� drxveway from the <br /> 2260 1'a�cel to Bayview Place for access to and from the 2260 Parcel. <br /> S. Segner shall immzdiat�ly cons�ct at her sol� expense, a new driveway acc�ss <br /> to Nav�r:e Lane to s�rvice the 3304 Parcel, and shall thereaic�r exclusively utilize such new <br /> driveway access to and from Na��arre Lane to the 3300 Parcel. � <br /> 6. Segn�r and Marinos agree that only the owners of the 3256 Parcel and the <br /> 329Q Parcel, and their respective invitees, shs1l be allowed to utilize that porcion of HaIlside <br /> Place legally described on E�hibit °C" attached hereto and made a gart hereof (the "Private <br /> � Drive ) for private driveway purposes as allowed by the City's Code Secrion 6.06, <br /> C� i Subdivision 9, except that incidental use of said right-of-way by pablic and/or pr.ivate <br /> �� eme:�ency vehicles, schoal buses and th� public for access to adjoining properties or other <br /> incident?1 traveI shall be permitted. <br /> 7. Marinos and Segner hereby agree: <br /> (a) The Private Drive shall be constructed Znd maintained at Segner arid <br /> Marinos sole expense in accordance wi�h all applicable City Code <br /> requirements; and <br /> (b) Immediately Lpon notice to �iarinos and Segner that the City desires to <br /> ogen Hillside Place for public travel, Marinas and Seoner shall, at their sole <br /> expense, immediat�ly remove the Privac� Drive and restore Hillside Place to <br /> grade. <br /> n�os9azz iorzs�5a <br />