A. No development rights from a sending parcel may be transferred, or offered for transfer or sale, until they have been duly certified as provided herein.
B. In order to validly convey or transfer certified development rights from a sending parcel, a TDR easement shall be recorded against the sending parcel and the grantee of the development rights shall receive a deed of transfer of the development right from the grantor, the owner of the sending parcel.
C. A TDR easement shall be duly signed by the owner of the sending parcel and Blaine County by and through the board, and promptly recorded by the county with the Blaine County recorder. Nothing herein shall preclude grantees in addition to the county being made a party to such easements. A separate TDR easement shall be executed for each development right that is transferred, and the administrator shall designate each such TDR easement with a distinctive instrument or serial number and shall maintain records of all such TDR easements.
D. The TDR easement shall be in a form approved by the board and shall contain the following provisions:
1. All of the serial numbers of the transferable development rights that have been certified by the administrator on the sending parcel which is the subject of the TDR easement.
2. A covenant on the sending parcel, or part thereof from which development rights have been transferred, that all residential development rights have been removed from the parcel and that only the other permitted, accessory or conditional uses listed in the underlying zoning district, if any, shall be allowed.
3. A covenant that all provisions of the TDR easement shall run with and bind the sending parcel in perpetuity in favor of the county and any other grantees and may be enforced by any of said grantees.
4. A statement that nothing in the restrictions shall be construed to convey to the public a right of access or use of the property and that the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.
5. If only a portion of the transferable development rights of a sending parcel is being transferred, then a survey map of the entire parcel must be recorded with the Blaine County recorder. The map must show the actual area on the sending parcel that is being protected by the transfer of development rights. That portion of the sending parcel protected by a TDR easement shall contain a statement that all residential development rights except for one dwelling unit per one hundred sixty (160) acres or fraction thereof have been removed from this portion of the parcel and that only the other permitted, accessory or conditional uses listed in the underlying zoning district, if any, shall be allowed.
6. The written consent of all lien holders and other parties with an interest of record in the sending parcel.
E. The deed of transfer of development rights shall be in the form prescribed by the board. The grantee of the deed shall promptly record the same with the Blaine County recorder, which recordation shall appear in the chain of title of the sending parcel.
F. The deed of transfer shall specify the number of transferable development rights conveyed or transferred from the sending parcel and shall only be valid when signed by the owner of the sending parcel, containing the provisions established by the board for such a document, and recorded along with the original TDR easement against the sending parcel.
G. A deed of transfer shall contain:
1. A legal description and map of the sending parcel(s);
2. A covenant that all provisions of the deed of transfer shall run with and bind the sending parcel and shall be enforced by the board;
3. The names of the grantor and the grantee of the development right;
4. A covenant that the grantor grants and conveys to the grantee a specified number of certified development rights from the sending parcel, including the serial numbers of the individual certificates for each development right to be transferred from the sending parcel;
5. Proof of ownership of the sending parcel;
6. If the transferor is not the owner of the sending parcel, the recorded instrument numbers of the TDR easement and the original deed of transfer, with the names of the grantor and grantee of such deed;
7. A covenant by which the grantor acknowledges that the grantor has no further use or right of use with respect to the development rights being transferred;
8. The certification of the number of transferable development rights on the sending parcel and copies of the appropriate certificates of those rights issued by the administrator pursuant to this chapter;
9. Proof of the execution and recordation of a TDR easement on the sending parcel;
10. Proof of the purchase price to Administrator, not open for public inspection (pursuant to IC Section 74-107(2)) and not to be recorded with the Deed of Transfer; and
11. The signature of the administrator's staff member who has reviewed the deed of transfer for completeness. (Ord. 2006-06, 6-29-2006; amd. Ord. 2021-15, 9-21-2021)
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