EXHIBIT 6-A
TEMPORARY WATER PERMIT REQUIREMENTS
Recording Requested
by:
And When Recorded
Mail To:
Monterey Peninsula
Water Management District
Post
Office Box 85
Monterey, California
93942-0085
NOTICE AND DEED
RESTRICTION
NOTICE IS GIVEN that the Monterey Peninsula Water Management
District (hereinafter referred to as the Water Management District), duly
formed as a water district and public entity pursuant to the provisions of law
found at Statutes of 1977, Chapter 527, as amended (found at West’s California
Water Code Appendix, Chapters 118-1 to 118-901), has approved water service to
the real property referenced below as “Subject Property.”
NOTICE IS FURTHER
GIVEN that the real property affected by this document is situated in the {JURISDICTION}:
{STREET ADDRESS PER WIN DATA}
{LEGAL DESCRIPTION}
ASSESSOR’S PARCEL NUMBER {APN 000-000-000-000}
This real property is hereinafter referred to as the “Subject
Property.” The Subject Property is
located within the jurisdiction of the Water Management District. {PROPERTY OWNER NAME(S)},
(hereinafter referred to as Owner(s), are record owner(s) of the Subject
Property.
Owner(s) and Water
Management District agree that the maximum permitted temporary water use at the
Subject Property between {ISSUE DATE
OF TEMPORARY PERMIT} and {EXPIRATION DATE OF TEMPORARY PERMIT} is limited to
supply the potable water requirements for the following uses:
·
{Square-footage and type of use (per
Rule 24, Table II)}
·
{Square-footage and type of use (per
Rule 24, Table II)}
·
{Square-footage and type of use (per
Rule 24, Table II)}
·
{Square-footage and type of use (per Rule 24, Table II)}
· Reasonable outdoor water use as needed and as allowed by District rules.
All water use permitted by this temporary
expansion/extension permit (Water Permit #{INSERT PERMIT NUMBER})
is time limited. The water uses allowed
by this temporary expansion/extension permit are approved pursuant to District
Rule 23 (B) based upon a determination of near‑term water need. This temporary expansion/extension permit
shall be subject to the following conditions:
(1) The
temporary expansion/extension permit shall not confer a property interest upon
the Owner(s) to obtain or use water after expiration and/or revocation of the
permit, and
(2) The
temporary expansion/extension permit is subject to revocation during its term
without cause, without hearing, upon thirty (30) days' notice, and
(3) The temporary expansion/extension permit shall terminate on the date specified earlier in this document, and
(4) Any unauthorized use of water through the connection or water meter installed or used pursuant to the temporary permit following expiration and/or revocation of that permit shall be unlawful.
(5) The Owner(s) acknowledges that the temporary expansion/extension permit does not confer a right to obtain or use water upon expiration and/or revocation of the temporary permit.
(6) The
Owner(s) consents to the physical removal of the connection and/or water meter
or removal of the useable square-footage associated with the temporary use upon
the expiration and/or revocation of the temporary permit.
(7) The
terms and conditions of the temporary expansion/extension permit shall operate
as a covenant running with the land.
Owner(s) and Water Management District
further agree that the maximum permitted water use at the Subject Property
following expiration of this temporary expansion/extension permit is limited to
supply the potable water requirements for the following uses:
·
{Square-footage and type of use (per
Rule 24, Table II)}
·
{Square-footage and type of use (per
Rule 24, Table II)}
·
{Square-footage and type of use (per
Rule 24, Table II)}
· {Square-footage and type of use (per Rule 24, Table II)}
· Reasonable outdoor water use as needed and as allowed by District rules
The Owner(s) agrees that any and all structures
and/or improvements allowed by the temporary expansion/extension permit beyond
those listed immediately above shall be removed from the Subject Property no
later than {EXPIRATION DATE OF TEMPORARY PERMIT}.
No water uses other
than those listed above are approved or authorized for use on the Subject
Property following expiration of the temporary expansion/extension permit.
3. CONDITIONS OF TEMPORARY
EXPANSION/EXTENSION PERMIT
Owner(s) acknowledges
that the conditions regarding the temporary expansion/extension permit
referenced above have been voluntarily accepted as a condition of Water Permit
No. {INSERT
PERMIT NO.}. Owner(s) elects and irrevocably covenants with
the Water Management District to abide by the conditions of this Notice and
Deed Restriction to enable issuance of this temporary expansion/extension permit. But for the limitations and notices set forth
herein, issuance of this water permit would otherwise be withheld and found to
be inconsistent with the Water Management District Rules and Regulations.
NOTICE IS FURTHER
GIVEN that this agreement is binding and has been voluntarily entered into
by Owner(s), and each of them, and constitutes a mandatory condition precedent
to receipt of regulatory approval from the Water Management District relating
to the Subject Property. This agreement attaches to the land and shall bind any
successor or assignee of Owner(s).
NOTICE IS FURTHER
GIVEN that present and/or
future use of water at the Subject Property site is restricted by Water
Management District Rules and Regulations to the water use requirements
referenced above. Any intensification of
water use on the Subject Property, as defined by Water Management District Rule
11, will require prior written authorization and permit from the Water
Management District. Approval may be
withheld by the Water Management District, in accord with then applicable
provisions of law. Present or future
allocations of water may not be available to grant any permit to intensify
water use at this site. If any request
to intensify water use on Subject Property is approved, connection charges and
other administrative fees may be required as a condition of approval.
NOTICE IS FURTHER
GIVEN that in the event intensification of water use on the Subject
Property occurs without such an authorizing permit, any and all water use on
this site may thereafter be revoked in accord with Water Management District
Rules, which state, “Intensification of Water Use without a permit shall
provide cause for revocation by the District of all water use by any person on
that Site.” Such revocation could cause
the irrevocable extinction of any right or entitlement to water use, water use
capacity, or water credit for the Subject Property.
NOTICE IS FURTHER
GIVEN that intensification of water use on Subject Property that occurs
without the advance written approval of the Water Management District is a
violation of Water Management District Rules and may result in a monetary
penalty for each offense as allowed by Water Management District Rules. Each separate day, or portion thereof, during
which any violation occurs or continues without a good faith effort by the
responsible party to correct the violation shall be deemed to constitute a
separate offense. All water users within
the jurisdiction of the Water Management District are subject to the Water
Management District Rules, including Rules 11, 23, and 148.
The Owner(s) and Water
Management District each intend that this Notice and Deed Restriction act as a
deed restriction upon the Subject Property, and that it shall be irrevocable
under its terms. This document shall be
enforceable by the Water Management District or any public entity that is a
successor to the Water Management District.
This Notice and Deed Restriction is placed
upon the Subject Property. Any transfer
of this property, or an interest therein, is subject to this deed restriction.
If any provision of this Notice and Deed Restriction is held to be invalid, or for any reason becomes unenforceable, no other provision shall thereby be affected or impaired.
The undersigned Owner(s) agrees with and accepts all terms of this document stated above, and requests and consents to recordation of this Notice and Deed Restriction Regarding Limitation on use of Water on a Property. The Owner(s) further agrees to notify any present and future tenant of the Subject Property of the terms and conditions of this document.
OWNER(S) agrees
to recordation of this Notice and Deed Restriction in the Recorder’s Office for
the County of Monterey. Owner(s) further
unconditionally accepts the terms and conditions stated above. (Owners’ signatures must be notarized)
By:
Dated:
{OWNER’S NAME}
By:
Dated:
Debbie Martin, Conservation Technician
Monterey Peninsula
Water Management District
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