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HomeMy WebLinkAboutBurdell D. Rowbury (3)/10 !L (4 ~ V ~l. ~ oAL 4Y (LlG // STATE OF IDAHO NILE L. BOYLE P.O. BOX 280 MAYOR 12 NORTH CENTER STREET ROSE BAGLEY 21 November 1996 REXBURG, IDAHO 83440 CLERK PHONE (208) 359-3020 RICHARD HORNER TREASURER a RNANCIAL CFFlCER FAX (208) 359-3022 Mr. Ted Whyte 305 W Main Rexburg, Idaho 83440 Mr. Whyte, Enclosed is a copy of an LID delinquent notice on property here in Rexburg. A copy of the legal description is also included. It was originally assessed to Deloy Rowbury who paid the LID until the property was sold. Mrs. Rowbury informed me that Moses Dell Barney bought the property, and I contacted him concerning payment. He insisted that the assessment came due before he actually made the purchase and that you would be the party responsible for payment. Thus, the reason for this letter to you. This installment of LID 23 came due 17 January 1994. It is the only outstanding item in all of LID 23, everything else has been paid. In January of 1997 we will be able to file a Treasurer's Tax Deed against the property, if need be, to recover the money owed the City. We would rather the resposible party pay the bill. Then we could close the books on LID 23. If you could be of any help in accomplishing this, it would be greatly appreciated. Sincerely, Valeea Quigg Account Clerk f: `' ~ Notice of Expiration of Time of Redemption In Re: Delinquent Assessments or ~- ~ °• .~~ _ Installments Local Improvement District ~~~ "~ ~ ~~. ~~~~'`'~ No. _.?3-- of the City of Rexburg, Idaho.. Ttem 49-3 Rexburg, Idaho, -___19.1~~sz.____--_____-, 19___9#}_: ----------1131__>~l _Sth-Yt--B~rt-nr$_,---Z~a~----~344ti---------------------- You are hereby notified that Delinquency Certificate No, ____._~~!'.~ , in-Local Improvement District No. ____23.__., City of Rexburg, .Idaho was made on the _____8__-__ day of ____lll;arxeh_-----------, 19_.$9____ ;that at the time of making and entering of said Delinquency Certificate the hereinafter described property was assessed in the name of _______~rt3+e11__i}.__St~tt~___________________________ of ----I97-~__~~__~~-_-=~s---ZdahQ----93~tQ----------------------------- ----- ---- ---- The description of the land or lots so assessed is as follows, to-wit: t)ttginal Addition Lot 4 )dI©ck 27 situated in the City of Rexburg, County of Madison, State of Idaho. That the name of the Improvement District for which said premises are assessed is Local Im- provement District No. _23-__ ;that the amount of Assessment or Installment for the year 19_.$Q_, the installment for which said Delinquency Certificate was issued was $____~~~~~__-___, and that there are penalty, interest, and other costs in addition to said amount of $____1_:______, that there is a subsequent delinquent installment, assessed against said premises, in said local Improvement District for the year 19___9-Q_- amounting to $___3b~~t_________, and that the time of redemption will ex ire on t~~ ------~g--------- day of __.-_ F~>fs~'Y------------------------- 19--91---• P i,~ j Treasurer of the City of Rexburg, Idaho, a Municipal Corporation. .~ -. PROOF OF NOTICE OF EXPIRATION OF TIME OF REDEMPTION IN LOCAL IMPROVEMENT DISTRICT NUMBER 23 STATE OF IDAHO ) COUNTY OF MADISON ) ss. REXBURG, IDAHO ) Richard R HpJ-nar , being first duly sworn, deposes and says• That he is .the duly appointed, qualified and acting City Treasurer of the City of Rexburg, a municipal corporation of Madison County, Idaho. THAT, in accordance with Section 50-1745 I.C.A., he served or caused to be served a partly written and partly printed notice on the person or persons in actual possession or occupancy of the property described as follows, to-wit: THAT, in accordance with Section 50-1745 I.C.A., he caused to be posted a partly written and partly printed notice on the vacant property described as follows, to-wit: Original Addition Lot 4 Block 27 and also mailed said notice to the person in whose name said property stood upon the tax records in the office of the County Assessor of P4adison County, Idaho; notice was mailed to Burdell D Rowburv the party in whose name the property was assessed at least one month and not more than three months before the expiration of the time of redemption of said property from delinquent assessments for the year 1989 and ,1990 in Local Improvement District Number ~~, an improvement district regularly created and established in the City of Rexburg, a municipal corporation. That the assessments or installments assessed have not been paid as shown by the original unpaid delinquency certifi- cate entered and on file for said year in the affiant's office. THAT, a true and correct copy of said notice mailed and o as aforementioned is attached hereto. THAT the person or persons in actual possession or occupancy of the said property, and upon whom a notice was served as shown by the affidavit of annexed hereto was THAT no one was in actual possession and occupancy of said property and the person in whose name it stands, upon diligent inquiry, cannot be found in the State of Idaho, that notice was posted upon said property ~€~~€~~~~~1~ _y~Richard Horn r THAT this proof of notice is filed in the office of the City Treasurer to remain a permanent record in such office. Dated this 19 day of December , 19 90 ~-. Treasurer of e City of Rexburg A municipal Corporation of Madison County, Idaho Subscribed and sworn to before me this ~ day of / , 19~. NOTA Y PUBLIC Residing at-_-J My Commission x it / (SEAL) ~3~~!~9 QUITCLAIM DEED Correction Deed QUITCLAIM DEED, made 12 June , 19~L, between the CITY OF REXBURG, a municipal corporation of the State of Idaho, first party, and Dee Rowbury of 410 W 1st N, Rexbure. Idaho 8440 (fill in address) , second party, 4~ITNESSETH The conveyance of the hereinafter described real property by first party having heretofore been duly approved by the City Council of the City of Rexburg, Tdaho, as provided by Section 50-1751, Idaho Code, and for and in consideration of the receipt of a sum not less than the amount for which the said property was sold to first party, and other valuable consideration to it in hand paid by second party, the receipt whereof is hereby acknowledged, does by these presents quitclaim unto second party and to his heirs and assigns the following described property situated in Rexburg, County of Madison, State of Idaho, to-wit: Original Addition Lot 4 Block 27 Commencing at a point 36 ft. east of the SW corner of the east ~ of lot 4, block 27, Rexburg townsite; thence north 130 ft.; thence east 60 ft.; thence south 130 ft.; thence west 60 ft. to the point of beginning... Subject to any unpaid general taxes and assessments and to all local improvement district installments due and payable after the date ,,hereof . ' f,,~ ~~ t a•~ ~ CITY OF REXBURG ATT~`6~ ~ ~ w' ~~ !.I ,. ~~, Mayor '_,:,,Cit~~ Clerk"~ ~T~•df: STATE OF IDAHO County of Madison ss. On this ~a ~ day of , 19~, before me, the undersigned, a Notary Publi in and for said State, personally appeared .Nile L. Boyle known or identified to me to be the Mayor of the City of Rexburg, a municipal corporation of the State of Idaho, that executed the said instrument, and acknowledged to me that such municipal corporation executed the same. ~~y~.Q~ t,,;~„rt ••,• Notary Public .~~ ,_ ,~ •~•, Residing at R xburg, Idaho ~; •• • My Commission Expires 9-/02 -~/~ ': r-- .. ~QI•UITCLAI•M DEED -1- QUITCLAIM DEED Correction Deed QUITCLAIM DEED, made 12 June , 19~j`, between the CITY OF REXBURG, a municipal corporation of the State of Idaho, first party, and Dee Rowbury , of 41~ W 1,~~_~~~t~~.~.,~, t~h~ _ ~~,,~ (fill in address) , second party, WITNESSETI3: The conveyance of the hereinafter described real property by first party having heretofore been duly approved by the City Council of the City of Rexburg, Idaho, as provided by Section 50-1751, Idaho Code, and for and in consideration of the receipt of a sum not less than the amount for which the said property was sold to first party, and other valuable consideration to it in hand paid by second party, the receipt whereof is hereby acknowledged, does by these presents quitclaim unto second party and to his heirs and assigns the following described property situated in Rexburg, County of Madison, State of Idaho, to-wit: Original Addition Lot 4 Block 27 Commencing at a point 36 ft. east of the SW corner of the east ~ of lot 4, block 27, Rexburg townsite; thence north 130 ft.; thence east 60 ft.; thence south 130 ft.; thence west 60 ft. to the point of beginning... Subject to any unpaid general taxes and assessments and to all local improvement district installments due and payable after the date hereof. CITY OF REXBURG ATTES'T' : / - i _~/ ,,,/7 By t Mayor ~~ City Clerk STATE OF IDAHO County of Madison ss. On this ~a ~ day of_ , 19~, before me, the undersigned, a Notary Pub it in and for said State, personally appeared .Nile L. Boyle known or identified to me to be the Mayor of the City of Rexburg, a municipal corporation of the State of Idaho, that executed the said instrument, and acknowledged to me that such municipal corporation executed the same. Notary Public Residing at R xburg, Idaho My Commission Expires: 9-~a -~~ (SEAL) ~ QUITCLAIM DEED -1- QUITCLAIM DEED QUITCLAIM DEED, made ~ ~ ~P> , 19~, between the CITY OF REXBURG, a m nici 1 c rporation of the State of Idaho, fi t ar y, and , of (fill in address), second party, WITNESSETH: The conveyance of the hereinafter described real property by first party having heretofore been duly approved by the City Council of the City of Rexburg, Idaho, as provided by Section 50-1751, Idaho Code, and for and in consideration of the receipt of a sum not less than the amount for which the said property was sold to first party, and other valuable consideration to it in hand paid by second party, the receipt whereof is hereby acknowledged, does b these presents quitclaim unto second party and to _~~~ heirs and assigns the following described property situated in Rexburg, County of Madison, State of Idaho, to-wit: Ori 9i ~a,( ~d~a~i ~ o~n -~t ~l- Btocfcc ~7 Subject to any unpaid general taxes and assessments and to all local improvement district installments due and payable after the date hereof. CITY OF REXBURG ATTEST: f By , ~' Mayo City Clerk STATE OF IDAHO ) ' . ss. County of Madison ) On this~~ day of _ 19~, before me, the undersigned, a Notary Pu is in and for sa~.d State, personally appeared .Nile L. Boyle known or identified to me to be the Mayor of the City of Rexburg, a municipal corporation of the State of Idaho, that executed the said instrument, and acknowledged to me that such municipal corporation executed the same. (SEAL ) ~~ ~. Notary Public Residing at R xburg, Idaho My Commission Expires : ~~ /~ -9~~--- ~ QUITCLAIM DEED -1- 236703 TREASURER'S TAX DEED THIS INDENTURE made this 20 day of February 1991 ,between Richard R Horner City Treasurer of Rexburg, Idaho, a municipal corporation of Madison County, Idaho, party of the first part, and City of Rexburg, a municipal corporation of the County of Madison, party of the second part, does convey that certain land and real estate as described and set forth in Local Improvement District Delinquency Certificate No. 465 a true copy of which delinquency certificate is now set forth and recited herein as follows: CITY OF REXBURG LOCAL IMPROVEMENT DISTRICT DELINQUENCY CERTIFICATE No. 465 STATE OF IDAHO ) COUNTY OF MADISON ) ss. REXBURG, IDAHO ) 12 February 1990 8 March ~ 19 89 THIS IS TO CERTIFY, That the following described property located in the City of Rexburg, Idaho, to-wit: Original 4 27 ADDITION LOTS BLOCK COMMON NAME OF PROPERTY: was duly and regularly assessed as LID #~3- Item # 49 in the name of Burdell D. Rowbury at (legal address) 107 N 5th W, Rexburg, ID 83440 ,for assessments levied for the year 1989 of which the original amount of such assessments, with the penalty added thereto has not been paid, which assessments are a lien upon they property above described and are now unpaid and delinquent, to-wit: MICROFI.LM~EDI z ~36 ! ~3 Delinquent Date 1 Februar~1989 1 February 1990 Original Principal Original Interest TOTAL Original Assessment Penalty (2%) Delinquency Certificate Fee TOTAL Delinquency, Penalty and fee Accrued Interest (10%) GRAND TOTAL Redemption Expiration Notice Fee Subsequent rt~_=tc of `•.~aho '~ SS Assessment G~~:nty c; ~~iudiccn ) $ 26.40 $ 26.40 i !,crehy cer<afy that tha within instrument was $ 11.09 $ 9.24 ~!~ FFB.21 1991 $ 37.49 $ 35.64 1~- at.;~O °'~? /~ Pit-. and $ . 75 $ . 71 rrrcordc~ en =i1s-n l~ Fco~° $ .25 $ .25 - ~y F'tiTF9 B- s~EESE, reorder $ 38.49 $ 36.60 ~ ~ Oep"~' $ $ i~? t?e requssY of --~?~ D C'`Q-~. c~ A . s-1-.V $ $ which delinquent assessments bear interest from the date same became delinquent until paid, including any period when this certificate shall go to deed, at the rate of TEN (10) per centum per annum. NOW, THEREFORE, by virtue of the facts hereinbefore set forth, and the authority conferred upon me by the laws of the State of Idaho, I do hereby issue this delinquency certificate to the City of Rexburg, and as trustee for said city will assign the said certificate to any purchaser thereof from the said city. In case the said assessments are not paid within two years from the date of this certificate, the owner of this certificate, upon full compliance with the provisions of law relating to the service of notice of expiration of the period of redemption upon the persons entitled thereto not less than one month and not more than three months prior to the expiration of such period, and in the case of an assignee having paid all subsequent installments and assessments which are delinquent or due, shall be entitiled to receive from the City Treasurer of the City of Rexburg, Idaho, a Deed to the premises herein described. IN WITNESS WHEREOF, I have hereunto set my hand at Rexburg, Madison County, Idaho, this 8 day of March ,A, D, 1989 , r City Treasurer n ~ J. D. Hancock SMITH & HANCOCK Attorneys at Law 30 South Second West P. O. Box 427 Rexburg, ID 83440 (208) 356-5493 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF IDAHO _ ) IN RE: ) BURDELL DEE ROWBURY and BETTY ) ROWBURY, husband and wife, ) Debtors. ) Case No. 90-01723 P-7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 10th day. of July, 1991, I mailed a true and copy of the Judgment Setting Aside Liens and Encumbrances to the following: Farmers Home Administration P. O. Box 459 Rexburg, ID 83440 Gary Chastain, Manager Norwest Financial 1840 East 17th Street Idaho Falls, ID 83401 Idaho State Tax Commission Statehouse Mail Boise, ID 83720 Smith Chevrolet Holmes and Yellowstone Idaho Falls, ID 83401 Robert L. Crowley, Esq. Attorney at Law P. O. Box 387 Rigby, ID 83442 CERTIFICATE OF SERVICE -1- Louisiana Pacific Four West 200 North Rexburg, ID 83440 Horkleys, Inc. 1021 North Salem Road Rexburg, ID 83440 Breck Barton, Esq. Attorney at Law P. O. Box 100 Rexburg, ID 83440 City of Rexburg P. O. Box 245 Rexburg, ID 83440 r ~ J Hancock to ey for Debtors CERTIFICATE OF SERVICE -2- V S. 6q D/S~ C~Up~YC oF~ogtio Rr ~~C 11gg~ COpDev -~M. Ac~~O UNITED STATES BANKRUPTCY COURT~~\~c FOR THE DISTRICT OF IDAHO ~p`~ In re: Case No. 90-01723 P-7 BURDELL DEE ROWBURY and BETTY ROWBURY, husband and wife, Chapter 7 JUDGMENT SETTING ASIDE Debtors. ) L ENS AND ENCUMBRANCES ~~. ~r 'In accordance with the,/IFindings of Fact and Conclusions of Law filed herein, it is ORDERED, ADJUDGED, AND DECREED that: 1. The judgment liens filed by Smith Chevrolet, Co., Inc., and Smith Chevrolet Co., Inc., dba Smith Intermountain Truck; and Horkleys, Inc.; filed as Instrument.Nos. 224212 and 233790, respectively, are hereby set aside and are hereby ordered stricken from the records of the office of the clerk and recorder of Madison County, Idaho. 2. The state tax lien filed on June 27, 1986, in the amount of $2,226.65 by the Idaho State Tax Commission, recorded in the records of Madison County, Idaho, as Instrument No. 215700, and the City of Rexburg delinquency certificate filed as Instrument No. 236703 are hereby released and are stricken from the records of the office of the clerk and recorder of Madison County, Idaho. 3. The Notice of Default filed by Norwest Financial, Idaho, Inc., on March 20, 1991, as Instrument No. 236988, is hereby cancelled. 4. The foregoing liens are hereby cancelled, voided and of no further force and effect as they pertain to debtors and debtors' real property,.located in Madison County, Idaho. DATED th i s ~~ ,t1ay o f , 19 91 . ~-1 D_ E~~p~~ Unit -States Bankruptcy Judge JUDGMENT SETTING ASIDE LIENS AND ENCUMBRANCES -1- MAD~SOIi COVHTY` ASSisS8OR -139 `BAST KAIN STR88T ~~~, .,ZO-lipD ` s3d40 3OS-3~6~3071 ,. `9~RIL 9, : ~i993 CITY OF RBXBURG 2 2 ItORTH ' CBNTSR RSBHURG- ID 834440 - : ~ ~ r+. RB: QUITCLAII~t DBBD :9 23@024 TO ~M~TT~MAY CONCBRN: Please be advised in--.reviewing- the above Deed filed with the-. Madison-County.Clerkts Office-is not clear what exactly the Citp is deeding to Mr. Rowberry. The last written cahtact ways Wade in writing with Mr. Rowberry on June 3a,~2992. Siace then ane telephone conversation was held with hin, there was docv~sentatia~- on that telephone call. ~Untii such time as we receive a new deed stating the legal description of property beluSt transferred there will be no changes sade ta,the current records in our files. If you have any questions concerning this Batter please refer to the docu•ent 2lsted above (#238024. if you do have ai'J~y questions, or mould. like us to go over this with you `our office hours are 9:00 a.s. until 5:00 p.e., Monday through ~ !'~ciday. ~ , R ~ - ; Sincerely, /~, Sandra L. Briggs Deputy 1~lssassor cc: Dee Rowberry 410M1M ~Rexbur~, ID 83440. QUITCLAIM DEED QUITCLAIM DEED, made 13 April , 19 93 , between the CITY OF REXBURG, a municipal corporation of the State of Idaho, first party, and Dee Rowbury ~ of 410 W 1st N Rexhnrg,, Tdahn R~ ~~n (fill 1.n address) , second party, WITNESSETH: The conveyance of the hereinafter described real property by first party having heretofore been duly approved by the City Council of the City of Rexburg, Idaho, as provided by Section 50-1751, Idaho Code, and for and in consideration of the receipt of a sum not less than the amount for which the said property was sold to first party, and other valuable consideration to it in hand paid by second party, the receipt whereof is hereby acknowledged, does by these presents quitclaim unto second party and to his heirs and assigns the following described property situated in Rexburg, County of Madison, State of Idaho, to-wit: Original Addition Lot 4 Block 27 Commencing at a point 36 ft east of the SW corner of the east ~ of lot 4, block 27, Rexburg townsite; thence north 130 ft; thence east 60 ft; thence south 130 ft;'thence_west 60 ft to the point of beginning... Subject to any unpaid general taxes and assessments and to all local improvement district installments due and payable after the date hereof. CITY OF REXBURG ATTEST: ~'~ ' By ,~ ~ / Mayor City Clerk STATE OF IDAHO County of Madison ss. On this ~~day of , 19~, before me, the undersigned, a Notary Publ c in and for said State, personally appeared .Nile L. Boyle known or identified to me to be the Mayor of the City of Rexburg, a municipal corporation of the State of Idaho, that executed the said instrument, and acknowledged to me that such municipal corporation executed the same. Notary Pub is Residing at Rexburg, Ida o My Commission Expires: $ (SEAL) _, QUITCLAIM DEED -1-