42-2973. FORM OF RELEASE AND DISCHARGE. The release and discharge provided for in section 42-2972, Idaho Code, shall be in substantially the following form:
Release and discharge from liability from payment of the bonded and warrant indebtedness of drainage district number …. in …. County, Idaho, from the lien of the assessment roll of said district as confirmed by the court.
WHEREAS, on the …. day of …., ….,
……… (The owner, part owner, mortgagee or other lienholder, as the case may be) paid to the County Treasurer of …. County, Idaho, …. (in cash, bonds, warrants or matured interest coupons of said district, as the case may be) the sum of $…., being the total unpaid amount of the lien against the real property hereinafter described, created by the assessment roll of said district; said property being situate within Drainage District Number …., in …. County, Idaho, and particularly described as follows, to wit:
(Insert description of property.)
and being shown on the assessment roll of said district as assessment number …..
NOW THEREFORE, in consideration of such payment, and pursuant to law, the undersigned does by those presents release and discharge the above described tract, lot or parcel of land from the lien against said land created by the assessment roll of Drainage District Number …. in …. County, Idaho, and from the payment of all of the bonded indebtedness now existing against the same, and from the payment of any bonds now issued or that may hereafter be issued to refund the same, or any part thereof, and from the payment of any warrants of the district heretofore issued or that may hereafter be issued in payment of interest on such indebtedness or refunded indebtedness, and releases and discharges said tract, lot or parcel of land from further payment of benefits assessed against said land as shown by the assessment roll of said district and from all liens created thereby, save and except assessments made or to be made by said district for the operation and maintenance thereof.
IN WITNESS WHEREOF, I, the County Treasurer of the county of …., state of Idaho, and duly authorized by law to collect all sums of money assessed by the drainage commissioners of Drainage District Number …. in said county, have hereunto set my hand as such county treasurer this …. day of …., …..
Said release and discharge shall be acknowledged before an officer authorized to take acknowledgments to conveyances. The acknowledgment shall be substantially in the following form:
STATE OF IDAHO
ss.
COUNTY OF ….
On this …. day of …., …., before me, …., (Official Character), in and for said state, personally appeared …., known to me to be the person whose name is subscribed to the within instrument as the County Treasurer of the county of …., state of Idaho, and acknowledged to me that …. he executed the same, as such treasurer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
History:
[42-2973, added 1935, ch. 56, sec. 3, p. 105; am. 2002, ch. 32, sec. 15, p. 53.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 29 - DRAINAGE DISTRICTS
Section 42-2901 - CORPORATE POWERS OF DRAINAGE DISTRICTS.
Section 42-2902 - APPROPRIATION OF WATER AVAILABLE FOR IRRIGATION PURPOSES.
Section 42-2903 - APPROPRIATION OF IRRIGATION WATERS — ASSESSMENTS FOR EXPENSES.
Section 42-2904 - MUNICIPALITY MAY ACT AS DRAINAGE DISTRICT.
Section 42-2905 - PETITION FOR ORGANIZATION.
Section 42-2906 - PETITION — BOND — CONDITION FOR WITHDRAWAL OF NAMES.
Section 42-2907 - ACTION ON PETITION — NOTICE OF HEARING.
Section 42-2908 - HEARING — OBJECTIONS — FINDINGS.
Section 42-2911 - OFFICERS — MEETINGS.
Section 42-2913 - COMPENSATION.
Section 42-2915 - ASSESSMENT OF BENEFITS AGAINST HIGH LANDS.
Section 42-2916 - DUTIES OF ENGINEERS AND SURVEYORS — PRELIMINARY SURVEY.
Section 42-2917 - CHANGES IN ORIGINAL PLANS.
Section 42-2918 - ALTERATION OF BOUNDARIES.
Section 42-2919 - REPORT OF INTENTION TO DO WORK — NOTICE OF HEARING ON CONFIRMATION.
Section 42-2921 - HEARING ON CONFIRMATION.
Section 42-2922 - FINDINGS AND DECREE.
Section 42-2923 - SUPPLEMENTAL REPORT.
Section 42-2925 - PROCEDURE ON DISMISSAL OF PROCEEDINGS.
Section 42-2926 - PROCEDURE FOR PAYMENT OF DAMAGES AWARDED — DETERMINATION OF CONFLICTING CLAIMS.
Section 42-2927 - LANDS OF STATE AND ITS SUBDIVISIONS.
Section 42-2928 - LANDS OF STATE AND ITS SUBDIVISIONS — ASSESSMENT.
Section 42-2929 - SUBSEQUENT ASSESSMENT OF PUBLIC LANDS.
Section 42-2930 - ADDITIONAL LEVY — NOTICE.
Section 42-2931 - ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS.
Section 42-2932 - FEES FOR SERVICE OF PROCESS.
Section 42-2933 - DISTRICT COURT MAY ENFORCE CHAPTER.
Section 42-2934 - ASSESSMENTS — WHEN INCONTESTABLE.
Section 42-2935 - ASSESSMENT ROLL.
Section 42-2936 - ASSESSMENTS ENTERED AS TAX LIENS — INSTALLMENTS.
Section 42-2937 - ASSESSMENT TO PAY JUDGMENT OF DISMISSAL.
Section 42-2939 - GENERAL POWERS OF DISTRICT.
Section 42-2940 - CONSTRUCTION OF WORKS — CONTRACTS.
Section 42-2941 - CONTRACTORS’ BONDS.
Section 42-2942 - COMMENCEMENT AND PROGRESS OF WORK.
Section 42-2943 - CHANGE OF PLANS — PROCEDURE IN DISTRICT COURT.
Section 42-2944 - PAYMENTS TO CONTRACTORS.
Section 42-2945 - CONNECTIONS BY PRIVATE DRAINS — COSTS.
Section 42-2946 - CONNECTION OF DISTRICT WITH LOWER DISTRICT — COSTS.
Section 42-2947 - USE OF NATURAL WATERCOURSES AND PREVIOUSLY CONSTRUCTED WORKS.
Section 42-2948 - CONSTRUCTION OF DIKES ALONG PUBLIC ROADS.
Section 42-2950 - WARRANTS — PAYMENT — INTEREST.
Section 42-2951 - LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT.
Section 42-2952 - BONDS AUTHORIZED.
Section 42-2953 - FUNDING BONDS.
Section 42-2954 - FORM OF BONDS — INTEREST — MATURITIES.
Section 42-2955 - EXCHANGE OF BONDS FOR WARRANTS.
Section 42-2956 - LEVY FOR SINKING FUND.
Section 42-2957 - CALLING OF BONDS.
Section 42-2958 - LEVY FOR INTEREST.
Section 42-2959 - REGISTRATION OF BONDS.
Section 42-2960 - MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
Section 42-2961 - APPORTIONMENT OF COST OF MAINTENANCE.
Section 42-2962 - LEVY OF AND LIMITATION ON ASSESSMENTS.
Section 42-2963 - VALIDATION OF WARRANTS HERETOFORE ISSUED.
Section 42-2964 - INTERPRETATION OF LAW.
Section 42-2965 - PAYMENT OF ASSESSMENTS.
Section 42-2966 - INTERESTED PERSONS — RIGHT OF EXAMINATION.
Section 42-2968 - RIGHT OF ACTION BY INTERESTED PERSONS FOR ACCOUNTING.
Section 42-2969 - ACCESS TO RECORDS BY INTERESTED PERSONS FOR PREPARATION OF ACTION FOR TRIAL.
Section 42-2970 - METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS.
Section 42-2972 - RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT.
Section 42-2973 - FORM OF RELEASE AND DISCHARGE.
Section 42-2974 - FILING AND RECORDING OF RELEASE AND DISCHARGE — EFFECT.
Section 42-2975 - CANCELLATION OF BONDS AND WARRANTS UPON DELIVERY.
Section 42-2976 - PAYMENT OF BONDS AFTER DEFAULT.
Section 42-2977 - PRO RATA PAYMENT OF INTEREST AND BONDS.
Section 42-2978 - REDEMPTION OF LANDS FROM LIEN FOR UNPAID ASSESSMENTS.
Section 42-2979 - SALE OF PERSONAL PROPERTY — PROCEDURE.
Section 42-2979A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.