Environmental Covenant - Amendment - Termination KRS 224.80-190

Also requirements for Environmental Covenant Amendment or Termination

The document requires:
•    State that the instrument is an environmental covenant executed pursuant to KRS 224.80-100 to 224.80-210;
•    Contain a legal description of the real property and a metes and bounds description of the portion of the real property;
•    Describe the activity and use limitations imposed on the real property;
•    Identify every holder;
•    Be signed by the cabinet, by every holder, and, unless waived by the cabinet, by every owner of an interest in the real property subject to the environmental covenant;  and
•    Identify the name and location of any administrative record for the environmental response project.
•    Preparation statement (KRS 382.335)
•    Return mail address   (KRS 382.335 & KRS 382.240)
•    All parties must sign the document and all signatures must be acknowledged.

An environmental covenant and any amendment to or termination of that environmental covenant shall be recorded in the county clerk's office in each county that contains any portion of the real property subject to the environmental covenant.

For the purposes of indexing, a holder shall be treated as a grantee. Except as otherwise provided in KRS 224.80-180(3), an environmental covenant shall be subject to the laws of the Commonwealth governing the recording and priority of interests in real property.

(KRS 224.80-180(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be deemed an amendment of the environmental covenant.)

Fee Schedule