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NOW, '�IEREFQ�, in consie�eratic�ri of the City allawing the private drive servicing <br /> the 32$5 Parcel and the 3290 Farcel to be located in Hillside Plac� ar�d the matual tsene�ts ta <br /> be derived therefrom, Sagner and Marinos�agree as follows: <br /> AGR�EMENTS: . <br /> 1• The forcgoing recit�is ane incorporated as part of this Agreemen� <br /> Z• A11 use of Hillside Place for access purposes to and from the 2260 parcel and <br /> the 330Q Paxcel shall be discantinucd immediateZy upon execution of this Agreement. <br /> 3• Segner shall im�r�ediately construct, at her sole expense, a permanent fence <br /> a�ong the entire ea,sterly boundary �p �� 22�p p��� an� �� 33� p�,��2 ahut�� �illside <br /> Place. Said fence shall at a minimum t>e 36" in height wit.h kwo 2"�4" rai?s at ��pr��j�;��iy <br /> 18" an� 3�" abovc grade, with 4"X4" posts spaced 8 apart, No gate for vehicular access to <br /> Hillside Place sha11 be installed as part op such fence. <br /> 4. Segner sha�I immedia�c;ly and exclusively utiliz�e the Gaisting driveway from the <br /> 2260 Parce] lo Bayview Ptace for access tn and from the 2260 Parcel, <br /> �• Sc�ner sh�ll immediately�consiruct at her sole expense, a new driveway access <br /> to Navarre L�e to service the 3300 Parcei, a.nd shall khereaf�er exclusiveIy uuli��e such new <br /> driveway access to and from Nav�rre Lane to the 33(}0 Parcel, <br /> 6. Segner ar�d Ma�inos agree that only the owners of the 3286 Parccl and the <br /> 32�4 Pgrcet, and their respective invi�e�s, shatl !� allowed to utilize that portion of Hillside <br /> Piace legatly describcd on Exhibit "C" attached hereta and made a part hereof (the "Private <br /> Drive") for private driveway purposes as allowed by the City's Code Secdon G.06, <br /> Subdivision 9, except that incidental use of said right-of-way by public and/flr privatc <br /> emergency v�hicles, schooI buses and the public for aCcess to adjoining properues or other <br /> incidental traveI shall be gcrmicted. <br /> 7. Marinos and Scgn�1• hereby �gre,C; <br /> n <br /> � The Privatc �c�ive shall be constructed and ma.int,ained at Segncr and <br /> Marinos sole expense in accordance with alt appiicable Cicy Code <br /> requirements; and <br /> �) Immediatcly upon notice to Marinos and Segner chat the Ci�y desires to <br /> open Hillside Place for public travel, Marinos and Segner shaIl, at their sole <br /> expense, immediately remove the Private Drive and restore Hillside Place to <br /> �rade, <br /> n�ospa2z �o�iiq4 <br />