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2. <br />NOW THEREFORE, in consideration of the Qty allowin® the private drive servicing <br />the 3286 Parcel and the 3290 Parcel to be located Ln Hillside Place and the mutual benefits to <br />be derived ‘therefrom. Segncr and Marmos agree as foUows: <br />AGREEMENTS: <br />1. The foregoing recitals are incorporated as part of this AgreemenL <br />All use of Hillside Place for access purposes to ^.d from Lhe 2260 Parcel and <br />the 3300 Parcel shall be discondnued immediately upon execution of lV.s AgreemenL <br />3 Segner shall Immediately construct, at her sole expense, a peraancnt fence <br />alcn^ the -ntire easterly boundary of the 2260 Parcel and ‘the 3300 Parcel abutting Hillside <br />PlacI Said fence shall at a minimum be 36" in height -Ai‘th tj-o 2”X4" rails at approi^ately <br />18" and 36" above grade, with 4"X4" posts spaced 8* aparL No gate icr vehicul-»r tO <br />Hillside Place shall be installed as part of such fence. <br />4. Segner shall immediately and exclusively utiHze the existing driveway from the <br />2260 Parcal to Bayview Place for access to and from the 2260 Parcel. <br />^ Qeo—r shall immedia*.ely consmict at her sole expense, a new driveway access <br />to Navarre Larre To'ser^ ice ih.e 3300 Parcel, and shall Lhereafter exclusively utilize such new <br />driveway access to and from Navarre Lane to Lhe 3300 Parcel. <br />6 Segner and Marinos agree that only the owners of the 3286 Parcel ^e <br />3290 Parcel, and their respective invitees, shail be allotved to utUire f <br />Place legally described on Exhibit "C" attached hereto and made a part hereof (the Pn\ate <br />Drive") for private driveway purposes as allowed by the City’s Code Section 6.06, <br />Subdivision 9, exceot that incidental use of said right-of-way by public and/or private <br />emergency vehicles; school buses a.nd the public for access to adjoining properues or other <br />incidental travel shall be permitted. <br />7. Marinos and Segner hereby agree: <br />(a) The Private Drive shall be constructed and mamtained at Segner and <br />Marinos sole expense in accordance with all applicable City Code <br />requirements; and <br />Cb) Immediately upon notice to Marinos and Segner that the City desires to <br />0. n Hillside Place for pubUc travel. Marinos and Segner shall, at their sole <br />expense, immediately remove the Private Drive and restore Hillside Place to <br />grade. <br />/2:a59422 10/26/94