Oklahoma § 60-49.14 - Contents of environmental covenant

§ 60-49.14. Contents of environmental covenant

CONTENTS OF ENVIRONMENTAL COVENANT.

A. An environmental covenant must:

1. State that the instrument is an environmental covenant

executed pursuant to the Uniform Environmental Covenants Act;

2. Contain a legally sufficient description of the real

property subject to the covenant;

3. Describe the activity and use limitations on the real

property;

4. Identify every holder;

5. Be signed by the agency, every holder, and every owner of

the fee simple of the real property subject to the covenant; and

6. Identify the name and location of any administrative record

for the environmental response project reflected in the

environmental covenant.

B. In addition to the information required by subsection A of

this section, 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 specified

interest in, or concerning proposed changes in use of, applications

for building permits for, or proposals for any site work affecting

the contamination on, the property subject to the covenant;

2. Requirements for periodic reporting describing compliance

with the covenant;

3. Rights of access to the property granted in connection with

implementation or enforcement of the covenant;

4. Brief narrative description of the contamination and remedy,

including the contaminants of concern, the pathways of exposure,

Oklahoma Statutes - Title 60. Property

limits on exposure, and the location and extent of the

contamination;

5. Limitation on amendment or termination of the covenant in

addition to those contained in Sections 9 and 10 of this act; and

6. Rights of the holder in addition to its right to enforce the

covenant pursuant to Section 11 of this act.

C. In addition to other conditions for its approval of an

environmental covenant, the agency may require those persons

specified by the agency who have interests in the real property to

sign the covenant.

Added by Laws 2006, c. 182, § 4, eff. Jan. 1, 2007.