HomeMy WebLinkAboutEASEMENT - 23-00568 - 950 S 2nd E - Sewer1. This agreement is made and entered into this 3 day of August, 2023, by and between
Duglas Eric Sundberg and Mamae Sundberg, of 930 S. 2nd East, Rexburg, ID 83440 and
Stephen D. McGary and Debra F. McGary, husband and wife, of 950 S. 2nd East, Rexburg,
ID 83440.
2. Douglas Eric and Marnae Sundberg are owners of the property more particularly
described as Lot 8, Block 5, of Crest Haven Subdivision, Madison County, Idaho, as per the
plat recorded December 5, 1977, as Instrument No 170137.
3. Stephen D. McGary and Debra F. McGary are owners of the property more particularly
described as Rexburg City Acreage Parcel Number RPRXBCA0312018, commencing at a
point that is South 1814.9 feet and West 35.0 feet from the Northeast corner of Section 31,
Township, 6 North, Range 40 East, Boise Meridian, Madison County, Idaho and running
thence West 337.3 feet; thence South 132.0 feet; thence East 324.3 feet; thence North
05037" East, 132.64 feet to the point of beginning.
EXCEPTING THEREROM:
A parcel of land on the left side of Centerline of Sky View Drive, City of Rexburg, Madison
County, Idaho, Rexburg 2nd East Project No. M-7796(001) as shown on the plans thereof
now on file in City Hall and being a portion of the Southeast Quarter of the Northeast
Quarter of Section 31, Township 6N, Range 40 E., B, M, described as follows: Beginning
at a point which is S 0015'24" E along section line (South Record) 1814.9 feet and S
89044'36" W (West Record) 35.00 feet, point being on the existing west right-of-way of Sky
View Drive and being N 86005'29" W 43.26 feet from centerline station 46+56.06; and
running thence along existing right-of-way line S 05021'36" W (S5037'00" W Record)
132.64 feet, point being N 74053'24" W 33.61 feet from centerline station 45+16.04; thence
S 89144'36" W (West Record) 14.93 feet to the new right-of-way line, point being S
74033'03" W 48.00 feet from the centerline station 45+11.80; thence N 10038'40" E to a
point on the new right-of-way line, 134.43 feet, point being N 89004'33" W 45.74 feet from
centerline station 46+55.86, thence N 89044'36" E (East Record) 2.49 feet to the point of
beginning.
4. The purpose for this contract is to release Douglas Eric and Marnae Sundberg, (Lot 8
Block 5), in the Crest Haven Subdivision, of responsibility or liability for disturbing nuisances
that may arise due to or are caused by Stephen D. and Debra F. McGary (950 S 2nd E) in
the digging, installing, and maintaining a sewer drainpipe through the Sundberg back yard.
The McGary's intend to connect their home sewer line to the City of Rexburg's Storm Sewer
system through the connection point found on the Sundberg backyard property line.
5. Further, it is to be noted that the current owners, Stephen D. and Debra F. McGary, as
well as any future owners of 950 S 2nd E, will be held accountable and liable, in perpetuity,
for disturbing nuisances that may arise from the digging, installation, and maintenance of
the sewer drain. "Disturbing nuisances" in this agreement are defined as: settling of dug
landscape; destruction of sod, or any other landscape amenities; soil contamination or
plant/foliage/sod damage due to leakage from faulty line or joints or deteriorated sewer pipe
line; destruction or damage of power, natural gas, telephone or cable television utility
services that may occur due to excavation of soil in the installation maintenance, or
operation of sewer line; or any other externality that may occur from the sewer line.
6. With respect to the type of sewer pipe to be installed and the method of installation, it is
agreed that McGary's will have installed a minimum four (4") inch SDR-35 PVC pipe, or
comparable. The pipe will be set in one (1) foot of clean dirt with no rocks or debris and
that one (1) foot of clean dirt be filled on top of the pipe prior to the final fill. After filling the
trench, the ground will be compacted to minimize any settling. Any settling will be filled and
compacted to grade.
7. All damage done during the initial installation, subsequent maintenance or because of the
above described "disturbing nuisances" of the sewer line will be repaired and paid 100%" by
the owners of 950 S 21d E. All repairs will be performed in a professional and timely
manner. This agreement will be recorded with the Deed of Trust in the City of Rexburg anc
County of Madison records for Lot 8 Block 5 of the Crest Haven Subdivision and Rexburg
City Acreage Parcel Number RPRXBCA0312018.
8. Indemnification. Stephen D. and Debra F. McGary agree to indemnify and hold Douglas
Eric and Marnae Sundberg, and their heirs, respective agents, successors in interest, and
assigns harmless from and against any and all claims, demands, costs, liabilities, losses,
damages or judgments, including without limitation, attorneys fees and costs of suit, arising
from damages caused by the "disturbing nuisances" described above to any parcels
adjacent to or neighboring the parcels described in this agreement.
9. Binding Effect. This agreement and the covenants and obligations between the Parties to
this Agreement shall be binding upon them and their heirs, respective agents successors in
interest, and assigns. The covenants and obligations set forth in this Agreement shall be
binding upon and run with the real property described herein.
this._ of August 2023
Marnae Sundberg
STATE OF IDAHO )
SS
County of Madison )
Stephen D. McG-
6
Debra F. McGary
On August Rom, 2023, before me, a, Notary Public in and for said state,
personally appeared Stephen D. McGary and Debra F. McGary, known to me to be the
persons whose names are subscribed to the within Agreement and acknowledged to m
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my I cjWdal, rk+'
the day and year in this certificate first above written. = MYOONUISSION
EXPIRES 12 27--2021
Z�/ i srgT.......
Residing at:
STATE OF IDAHO )
:SS
County of Madison )
On August 23 , 2023, before me, a, Notary Public in and for said state,
personally appeared Douglas Eric Sundberg and Marnae Sundberg, known to me to be
the persons whose names are subscribed to the within Agreement and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
Wtary Public for Idaho
NOTAf?Y
PUBLIC _
OF