Sec. 12. Registry; substitute notice.

485 words·~2 min read·/il/chapter-765/act-122/12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Illinois Environmental Protection Agency shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Illinois Environmental Protection Agency considers appropriate. The registry is a public record for purposes of the Freedom of Information Act.

(b)After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this Section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

(1)A legally sufficient description and any available street address of the real

property subject to the covenant.

(2)The name and address of the owner of the fee simple interest in the real property,

the agency, and the holder if other than the agency.

(3)A statement that the covenant, amendment, or termination is available in a registry

at the Environmental Protection Agency at its office in Springfield, which discloses the method of any electronic access.

(4)A statement that the notice is notification of an environmental covenant executed

pursuant to this Act.

(c)A statement in substantially the following form, executed with the same formalities as a deed in this State, satisfies the requirements of subsection (b):

(1)This notice is filed in the land records of (insert name of county in which the real

property is located) pursuant to Section 12 of the Uniform Environmental Covenants Act.

(2)This notice and the covenant, amendment or termination to which it refers may impose

significant obligations with respect to the property described below.

(3)A legal description of the property is attached as Exhibit A to this notice. The

address of the property that is subject to the environmental covenant is (insert address of property).

(4)The name and address of the owner of the fee simple interest in the real property on

the date of this notice is (insert name of current owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located).

(5)The environmental covenant, amendment or termination was signed by (insert name and

address of the agency).

(6)The environmental covenant, amendment, or termination was filed in the registry on

(insert date of filing).

(7)The full text of the covenant, amendment, or termination and any other information

required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Illinois Environmental Protection Agency at (insert address and room of buildings in which the registry is maintained). The covenant, amendment or termination may be found electronically at (insert web address for covenant).