65-1,225. Same; recording with register of deeds; enforcement.
(a) After an environmental use control has been approved by the department, the owner must register the environmental use control with the register of deeds in the county where the property is located or, if property is owned by the United States or a division thereof, a notice of the environmental use control must be filed with the register of deeds in the county where the property is located. When registering the environmental use control or filing the notice, the following must be included:
(1) A notarized original environmental use control agreement between the applicant and the department; and
(2) an adequate legal description or legal survey of the property which identifies the portion of the property which is subject to the environmental use control.
(b) The applicant must provide to the department a notarized copy of the recorded environmental use control agreement with the register of deeds seal for the property.
(c) Recorded environmental use controls established pursuant to this act shall be enforceable as set forth in K.S.A. 65-1,229, and amendments thereto.
History: L. 2003, ch. 130, § 5; July 1.