260.1009. Contents of a covenant.
Contents of a covenant.
260.1009. 1. An environmental covenant shall:
(1) State that the instrument is an environmental covenant executedunder sections 260.1000 to 260.1039;
(2) Contain a legally sufficient description of the real propertysubject to the covenant;
(3) Describe the activity and use limitations on the real property;
(4) Identify every holder;
(5) Be signed by the department, every holder, and unless waived bythe department, every owner of the fee simple of the real property subjectto the covenant; and
(6) Identify the name and location of any administrative record forthe environmental response project reflected in the environmental covenant.
2. In addition to the information required by subsection 1 of thissection, an environmental covenant may contain other information,restrictions, and requirements agreed to by the persons who signed it,including any:
(1) Requirements for notice following transfer of a specifiedinterest in, or concerning proposed changes in use of, applications forbuilding permits for, or proposals for any site work affecting thecontamination on, the property subject to the covenant;
(2) Requirements for periodic reporting describing compliance withthe covenant;
(3) Rights of access to the property granted in connection withimplementation or enforcement of the covenant;
(4) A brief narrative description of the contamination and remedy,including the contaminants of concern, the pathways of exposure, limits onexposure, and the location and extent of the contamination;
(5) Limitation on amendment or termination of the covenant inaddition to those contained in sections 260.1024 and 260.1027; and
(6) Rights of the holder in addition to its right to enforce thecovenant under section 260.1030.
3. In addition to other conditions for its approval of anenvironmental covenant, the department may require those persons specifiedby the department who have interests in the real property to sign thecovenant.
(L. 2007 S.B. 54)Effective 1-01-08