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�. rmoKY'_�. .. .. NO��, T'HEREFp�, � consideracion of the Gity allowinQ the private drive servicin� the 3?86 Parcel a{nd the 3290 Parcel to be located in Hillside Place and the mutual benefits to ba derived therefrom, Segner and l�iarinos agree as follows: AGREENIENTS: , 1• 'I'he foregoing recitals a,re incorporat�d as part of this Agreement, 2• All use of Hillside Place for access purposes to and from the 2260 parcel and the 3300 Parcel shall be discantinued immediately upon execution of this Agreemen� 3. Segner shall immediately construct, at her sole expens�, a permanent fence a�ong the entire easterly boundary of the 2260 Parcel and the 3300 Parcei abuttin� Hillside Place. Said fence sFiall at a minimum be 36" in heigbt with two 2"X4" raiis at approximately �8" and 36" above �rade, with 4"X4" posts spaced 8' apart. ivo gat� fer vehicul� �eG;; to Hillside Place sha.11 be installed as part of such fence. 4. Se�ner shall immediately and exclusively utilize the existin,� d.r�veway from the 2260 Parcel ta Bayview Place for access to and from the 2260 Parcel. S. Segner shall immediat�ly cons�-ucc at her sole expense, a new driveway access to Iv'avarre Lane to servic� the 33a0 Parcel, and shall thereai[er exclusively utilize 5uch new driveway access to and fxom Navarre Lane to the 3300 Parcel. � 6. Se�ner and Marinos agree that only the owners of the 3256 Parcel and the 3290 Parcel, and their respective invitees, shsll be allowed to ucilize that portion of HiIlside Place legally described on Exhibit "C" attached hereto and made a part bereof (the "Private � Drive") for private driveway p poses as allowed by the City's Code Sec�ion 6.0�, � i Subdivision 9, except that incidental use oi said ri ght-of-wa y b y pu b�i c a n d/o r p r i v a t e � emer�ency vehicles, school buses and the public far access to adjoining properties or other incidental traveI shall be permitted. 7. Marinos and Segner hereby agree: (a) The Private Drive shall be constructed and maintvned at Segner and Marinos sole expense in accordance with all applicable City Code requirements; and (b) Immediately upon notice to Marinos and Segner that the City desires to open �illside Place for public travel, Marinas and Seoner shall, at their sole expense, immediatety remave the Pzivate Drive and restore HilLside Place to grade. 22o59azz lorz6,sa