Section 8-671.11 - Registry; substitute notice

Registry; substitute notice

(a) The Environmental Health Administration shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Environmental Health Administration considers appropriate. The registry is a public record for purposes of § 1-207.42.

(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

(1) A legally sufficient description and any available street address of the real property subject to the covenant;

(2) The name and address of the owner of the fee simple interest in the real property, the environmental agency, and the holder if other than the environmental agency;

(3) A statement that the covenant, amendment, or termination is available in a registry at the Environmental Health Administration, which discloses the method of any electronic access; and

(4) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.

(c) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (b) of this section:

“1. This notice is filed in the land records of the District of Colombia pursuant to the Uniform Environmental Covenants Act of 2006 (D.C. Official Code § 8-671.01 et seq.).

“2. This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below.

“3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property] [not available].

“4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is [insert name of current owner of the property and the owner's current address as shown on the tax records of the District of Columbia].

“5. The environmental covenant, amendment, or termination was signed by [insert name and address of the agency].

“6. The environmental covenant, amendment, or termination was filed in the registry on [insert date of filing].

“7. The full text of the covenant, amendment, or termination and any other information required by the environmental agency is on file and available for inspection and copying in the registry maintained for that purpose by the Environmental Health Administration at [insert address and room of building in which the registry is maintained]. [The covenant, amendment or termination may be found electronically at [insert web address for covenant]].”

CREDIT(S)

(May 12, 2006, D.C. Law 16-95, § 111, 53 DCR 1652.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For Law 16-95, see notes following § 8-671.01.
References in Text
The Uniform Environmental Covenants Act of 2006 referred to in subsec. (c) is D.C. Law 16-95.
Uniform Law
This section is based upon § 11 of the Uniform Environmental Covenants Act. See 13, Part 1, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

Current through September 13, 2012