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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 checklist (PDF) (48 KB) (updated February 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

  • Authorized "Person" is signatory on the Easement.
  • Current deed has been reviewed and correct name of owner has been verified.
  • Ownership of the property must match with Current Deed.
  • Verification reviewed and included for authority to sign Easement.
  • 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, Schedule A of the Title Report and the Survey. All documents are included in submittal (separate submittal must be included to explain to the satisfaction of DEC why there is any discrepancy).
  • The Tax Map identifier (SBL) matches on all documents.
  • Deed has been reviewed and ownership and property description matches ownership and property description in the proposed Environmental Easement and Survey

Survey Review

  • Survey includes metes and bounds description.
  • Survey includes a graphic scale.
  • Survey includes Tax Map # (SBL).
  • Survey includes physical Address and is consistent with the DEC Agreement/Order/SAC.

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 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.
  • Once recorded, a copy of the recorded instrument along with the recording information must be provided to the Department.

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, the Remedial Party's attorney and the Owner 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 further 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.

Statement of Accuracy 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's attorney:

Date: ______________ Signature: ______________________________

Print Name:________________________________

2) By Remedial Party:

Date: _____________ Signature: ______________________________

Print Name:_________________________________

3) By Owner (where Owner is not the Remedial Party):

Date: _____________ Signature: ______________________________

Print Name:_________________________________

Attachment A

Documents required for a complete Environmental Easement package.

1) Copy(ies) of current deed(s).
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, two full size copies 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) Attorney Checklist with certification signed by attorney and owner.


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