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� :�.m-_„ _ _ ". - <br /> NOS�, TT�REFORE, in consideration of the City allowin� the private drive servicing <br /> the 3286 Pazcel and the 3290 Parcel to be located in Hillside Place and the mutual benefics to <br /> be derived therefrom, Segner and Marinos agree as follows: <br /> AGREEhIENTS: <br /> . 1. The foreooing recit.als ase incorporated as parc of this Agreement, <br /> 2• All use of Hillside P12ce for access pnrposes to and frorn the 2260 Parcel and <br /> the 330� ParCel shall be discontinued immediately upon execuuon of this Agreemen� <br /> 3. Segner shall immediately construct, ac her sole expens�, a permanent fence <br /> along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel abuttina Hillside <br /> Place. Said fence shall at a minimum be 36" in height with two 2"X4" r�i.Is at approximately <br /> ].$" and 3b" above grade, with 4"X4" posts spaced 8' agart No gaG� for vehicutar �cess to <br /> Hillside Place shatl be installed as part of such fence. <br /> 4. Seener shati immediately and exclusively utilize the existing dtxveway from the <br /> 2260 Parcel to Bayview Place Por access to and from the 2260 Parcel. <br /> S. Segner shall immediat�ly construct at her sole expense, a new driveway access <br /> to Nava.tTe Lane to s�rvice the 330Q Parcel, and shall thereaicer exclusively utilize such new <br /> driveway access to and from Navarre Lane to the 3�00 Parcel. � <br /> 6. Segner and Marinos agree that only �he owners of the 3236 Parcel and the <br /> 3290 Parcel, and their respective invitees, shsll be allowed to utilize that portion of I-�illside <br /> Place legally described on E�xhib�" attached hereto and made a gart hereof (the "Private <br /> � Drive") for private driveway purposes as allowed by the City's Code SecCion 6.06, <br /> f i Subdivision 9, excegt that incidental use of said right-of-way by pub�ic andlor pnivate <br /> �� emergency vehicies, school buses and the public for access to adjoining properties or other <br /> incidental travel shall be permitted. <br /> 7. Marinos and Segner hereby agree: <br /> (a) The Private Drive shall be conscructed and maintained at Segner and <br /> Marinos sole ezpense in accordance wirh all applicabte City Code <br /> requiremenrs; and <br /> (b} Immediately upon notice to Marinos and Segner that the City desires to <br /> open �illside Place for public travel, Marinos �nd Segner shail, at their sale <br /> expense, immediately recnove the Private Drive and restore Hil2side Place to <br /> grade. <br /> 22o59a2210l1614d <br />