LD 1559
pg. 3
Page 2 of 9 An Act To Adopt the Uniform Environmental Covenants Act Page 4 of 9
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LR 2059
Item 1

 
4.__Priority of recorded interests.__The priority or recorded
interests is governed by other law, and is unaffected by this Act,
except as provided in section 3009, subsection 3 for tax liens.

 
5.__Signature on record.__If the environmental covenant covers
commonly owned property in a common interest community, the
record may be signed by any person authorized by the governing
boards of the owners' association.

 
§3004.__Contents of environmental covenant

 
1.__Required contents.__An environmental covenant must:

 
A.__State that the instrument is an environmental covenant
executed pursuant to this chapter;

 
B.__Contain a legally sufficient description of the real
property subject to the covenant;

 
C.__Describe the activity and use limitations on the real
property;

 
D.__Identify every holder;

 
E.__Be signed by the agency, every holder and unless waived
by the agency, every owner of the fee simple of the real
property subject to the covenant; and

 
F.__Identify the name and location of any administrative
record for the environmental response project reflected in
the environmental covenant.

 
2.__Permissible contents.__In addition to the information
required by subsection 1, an environmental covenant may contain
other information, restrictions and requirements agreed to by the
persons that signed it, including:

 
A.__Any requirements for notice following transfer of a
specified interest in the property subject to the covenant,
or concerning proposed changes in use of, applications for
building permits for or proposals for any site work
affecting any contamination on the property subject to the
covenant;

 
B.__Any requirements for periodic reporting describing
compliance with the covenant;


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