65-1,225. Same; recording with register of deeds; enforcement.
65-1,225
65-1,225. Same; recording with register of deeds;enforcement.(a) After an environmental use control hasbeen approved by the department,the owner must register the environmental use control with the register ofdeeds in the county wherethe property is located or, if property is owned by the United States or adivision thereof, a noticeof the environmental use control must be filed with the register of deeds inthe county where theproperty is located. When registering the environmental use control or filingthe notice, thefollowing must be included:
(1) A notarized original environmental use control agreement between theapplicant and thedepartment; and
(2) an adequate legal description or legal survey of the property whichidentifies the portionof the property which is subject to the environmental use control.
(b) The applicant must provide to the department a notarized copy of therecordedenvironmental use control agreement with the register of deeds seal for theproperty.
(c) Recorded environmental use controls established pursuant to this actshall be enforceableas set forth inK.S.A. 2009 Supp.65-1,229, and amendments thereto.
History: L. 2003, ch. 130, § 5; July 1.