LEG00267

• Bill Number: SB05-246
• Year: 2005
• Title: Concerning environmental covenants, and, in connection therewith, establishing conformity with the "Uniform Environmental Covenants Act" with respect to the role of holders of enforcement rights, the
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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EXECUTE AN INSTRUMENT MEETING THE REQUIREMENTS SPECIFIED IN
SECTION 25- 15-319 by a deed or other instrument of conveyance
specifically stating the intention of the grantor to create such a restriction
under this midc SUBPART 2,
. (4) THIS SUBPART 2 DOES NOT AUTHORIZE A USE OF REAL
PROPERTY THAT IS OTHERWISE PROffiBITED BY ZONING, A LAW OTHER
THAN THIS SUBPART 2 REGULATING USE OF REAL PROPERTY, OR A
RECORDED INSTRUMENT THAT HAS PRIORITY OVER THE ENVIRONMENTAL
COVENANT. AN ENViRONMENTAL COVENANT MAY PROHIBIT OR RESTRICT
USES OF REAL PROPERTY THAT ARE AUTHORIZED BY ZONING OR BY LAW
OTHER THAN THIS SUBPART 2, If the only uses allowed under the
proposed environmental covenant are prohibited by existing ordinance or
resolution, the department shall condition its acceptance of the covenant
upon the applicant's demonstration that such applicant has obtained
approval from the relevant authority that would allow for one or more of
the proposed uses.
(5) (a) Persons proposing to create, modify, or terminate an
environmental covenant shall, PRIOR TO ITS EXECUTION, 'provide written
notice of their intention to all persons holding an interest of record in the
real property that will be subject to the environmental covenant, to all
persons known to them to have an unrecorded interest in the property,
and to all affected persons in possession of the property prior to such
creation, modification, or termination, and shall provide the department
with:

.

.

fa] (I) A copy of the notice provided;
fb7 (II) A list of the persons to whom notice was given and the
address or other location to which the notice was directed; and

.

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SB05-246