TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 29

DRAINAGE DISTRICTS

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.]