09-09-2002 Council Packet - Laserfiche WebLink

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BWSR Deed Fonii Instructions Instructions to LGUs for Use of WCA Deed Forms General Instructions for all three forms: 1. Fofins A, B and C are required by the WCA Rules to give notice to current and future landowners of the Replacement Wetland or the Impacted Wetland (i.e., the wetland that was drained or filled) of obligations and restrictions on the use of the wetland. 2. All of these forms must be signed by the fee owner (including the husband and wife, even if the title is only in one spouse's name) and any other party who is defined as a "Landowner" under the rules who is doing the replacement or draining/filling of the wetland. 3. All of these forms must be notarized and filed with the county recorder’s office in which the wetland is located, so that the obligations and restrictions on the use of the wetland become a pemument part of the land record. Form A: Declaration of Restrictions and Covenants for Replacement Wetland 1. This form will be used most frequently because it is required for a Replacement Wetland when the Landowner seeks LGU approval of the Replacement Plan or Bank Plait The Landowner acknowledges in this Ekclaration that, among other things, he is responsible for maintaining the size and type of the replacement wetland. 2. In addition to Form A, the LGU should require proof of good title, i.e., proof that the Landowner in fact owns the land and that no encumbrances arc on the land which would prevent the creation or restoration of a wetland on that parcel. This is very important! Preferably, proof of good title should be in the form of; Owner's duplicate certificate of title (for Torrens or Registered Property), updated abstract, title insurance policy, or title opinion from an attorney. At a minimum, the LGU must require a deed or certificate of title showing ownership. Landowner’s Affidavit (Form A*1 below), and Consent to Replacement Wetland (Form A-2 below). 3. Although it may seem like a significant burden for landowners to provide this information and for the LGUs to review it, this is essential to protect the replacement wetland. For example, if a mortgage holder ("mortgagee") does not consent to the creation or restoration of the wetland, then a court may find that the mortgagee who forecloses on the property is not subject to the requirements of maintaining the replacement wetland, because the mortgage was granted prior to Ae wetland being created or restored. It may be extremely difficult for the LGU to then go after the original landowner several years later and compel him to find another replacement wetland. Iturn