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Environmental Easement Checklist

The following requirements and attachments must be included as part of the submission to the Department for an Environmental Easement. Upon completion of the review, an attorney must sign the checklist indicating that they have fully completed the checklist. The Department will not accept submissions which have not been signed as being accurate and complete by both the Remedial Party and Attorney. Where the property owner is not the Remedial Party, the Department also requires the Owner to sign the checklist. The Environmental Easement Checklist and Certification (PDF) (52 KB) (updated November 2014), is also available in Portable Document Format (PDF).

The requirements for completing an environmental easement are provided by DEC to the Remedial Party as part of the easement package.

Verification of Ownership of the Property and Authority to Sign Easement

  • Submit documentation (such as a corporate resolution) that the signatory on the easement has authority to sign the Easement.
  • Current deed has been reviewed and correct name of owner has been verified.
  • Ownership of the property must match with Current Deed.
  • Updated copies of legal organizational documents have been reviewed and are included. Examples of the appropriate documentation will include, for:
    • corporations: articles of incorporation, organizational agreements, minutes of annual meetings, resolutions, authorities for signature;
    • partnership: a copy of the partnership agreement; verification that necessary parties are participating in the Easement;
    • trusts: trust agreement, affidavit of no change in the trust; and
    • estates: estate letters, powers of attorney.

Verification of Property Subject to Easement

  • Description of the property in the Easement and DEC Agreement/Order/SAC matches description of property in the deed and the Survey. A brief explanation of any discrepancy between the property descriptions on these documents must be submitted.
  • The Tax Map Section, Block and Lot (SBL) matches on all documents.

Survey Review

  • Survey includes metes and bounds description.
  • Survey includes a graphic scale.
  • Survey includes Tax Map Section, Block and Lot.
  • Survey includes physical address and is consistent with the DEC Agreement/Order/SAC.
  • The survey must bear the name, address, telephone number, signature and certification of the professional land surveyor who performed the survey, his or her official seal and registration number, the date the survey was completed, the dates of all of the surveyor's revisions.
  • The survey boundaries must be drawn to a convenient scale, with that scale clearly indicated. A graphic scale, shown in feet and meters, must be included.
  • The symbols and abbreviations that are used on the survey must be identified by the use of a legend.
  • Diagrams must be accurately presented.
  • The point of beginning of the legal description must be shown.
  • The legal description must be correct.
  • The legal description must state the acreage.
  • If the deed(s) description differs from the measured bearings/angles/distances, both must be indicated on the survey.
  • The survey must show the location of all buildings/monuments/overlaps/encroachments upon the surveyed property with their locations defined by measurement perpendicular to the nearest perimeter boundaries.
  • The survey must depict the location of visible improvements within five feet of each side of boundary lines.
  • The survey must show ponds, lakes, springs, rivers or a natural water boundary bordering on or running through the surveyed property; the survey must measure the location of the natural water boundary and note on the survey the date of the measurement.
  • The survey must correctly depict the environmental easement area with corresponding metes and bounds description and acreage, and include the following sentence: "This property is subject to an environmental easement held by the New York State Department of Environmental Conservation pursuant to Title 36 of Article 71 of the New York Environmental Conservation Law. The engineering and institutional controls for this Easement are set forth in the Site Management Plan (SMP). A copy of the SMP must be obtained by any party with an interest in the property. The SMP can be obtained from NYS Department of Environmental Conservation, Division of Environmental Remediation, Site Control Section, 625 Broadway, Albany, NY 12233 or at "derweb@dec.ny.gov." This reference must be located on the face of the survey and be in at least 15-point type.
  • If the survey consists of more than one sheet, sheets must be numbered and the total number of sheets must be indicated on each sheet.
  • In addition to county-specific requirements, submittal of the approved survey to the Department must include the following:
    • A "D" sized copy (24" x 36") of the final signed, stamped map
    • A 600 DPI scan of the final signed, stamped map
    • An AutoCAD .dwg or exported .dxf file of the polyline (at a minimum) of the final survey

Review of Easement

  • Attorney certifies Easement is in the form provided by DEC and that entries have been made only in those sections where authorized.
  • Verification that the proper party has signed the Easement.
  • Acknowledgement is in the proper form, notary stamp is clear and has a current expiration date.
  • Name, property address, SBL, engineering controls/institutional controls and any information that was inserted into the Easement form has been verified as correct and accurate.
  • Two original Easements have been signed by the proper party.

Submissions

  • The Environmental Easement Package being submitted to DEC includes the applicable documents set forth in Attachment A.

PLEASE READ THE FOLLOWING CAREFULLY

The Remedial Party and the Remedial Party's attorney understand and acknowledge that the New York State Department of Environmental Conservation will rely on each and every answer in this statement: (1) to determine whether the Easement Package can be reviewed in a timely fashion; and (2) to determine whether the Easement Package should be approved. The Remedial Party and the Remedial Party's attorney understand and acknowledge that any false statement or misrepresentation herein will constitute cause for the revocation of the Certificate of Compliance issued in reliance on this checklist and accompanying documentation. The Remedial Party and the Remedial Party's attorney further acknowledge that the failure to provide the Department with valid and enforceable Environmental Easement on the property may be grounds for the Department to revoke any Certificate of Completion for the site.

Statement of Certification and Signatures

I have reviewed the information being submitted in relation to this Environmental Easement and this information, to the best of my knowledge and belief, is accurate and correct. I further acknowledge that the failure to provide the Department with valid and enforceable Environmental Easement on the property may be grounds for the Department to revoke any Certificate of Completion for the site.


1) By Remedial Party:
I hereby affirm that information provided on this form and its attachments is true and complete to the
best of my knowledge and belief. I further acknowledge that the failure to provide the Department with
valid and enforceable Environmental Easement on the property may be grounds for the Department to
revoke any Certificate of Completion for the site.

Date: ______________ Signature: ______________________________

Print Name:________________________________


2) By Remedial Party's Attorney:
I hereby affirm that I am the attorney for ________________(entity); that I am authorized by that entity
to make this certification; that this certification was prepared by me or under my supervision and
direction; and that information provided on this form and its attachments is true and complete to the best
of my knowledge and belief.

Date: _____________ Signature: ______________________________

Print Name:_________________________________

Attachment A

Documents required for a complete Environmental Easement package:

  1. Copy(ies) of current deed(s) and supporting title documentation (See Department Title Requirements).
  2. Copy of Tax map.
  3. Two original easements and an electronic version submitted to both the project manager and
    project attorney.
  4. Proof of authority to obligate owner of property as set forth in "Verification of ownership of
    property" on the Easement checklist.
  5. Legal description of the easement area in a Department approved electronic form (i.e., Word).
  6. Signed Survey, one full size copy and an electronic survey for review to both the project
    manager and project attorney.
  7. A draft Notice to Municipality, with appropriate site-specific provisions.
  8. Easement Checklist with certification signed by Remedial Party and Remedial Party's attorney.
  9. Signed transfer tax forms (TP-584 or ACRIS Forms).

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