EXHIBIT 7-A
FORM 1.5.2
IRRIGATION CONNECTED TO A
PRIVATE WELL
Recording
Requested by:
Monterey
Peninsula Water Management District
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
Monterey,
California 93942-0085
NOTICE AND DEED
RESTRICTION
REGARDING LIMITATION
ON USE
OF WATER ON A PROPERTY
WITH
IRRIGATION CONNECTED
TO PRIVATE WELL
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 agreement is
situated in the {JURISDICTION}:
{STREET ADDRESS}
{LEGAL DESCRIPTION}
ASSESSOR’S
PARCEL NUMBER {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 the Water Management District each acknowledge that all irrigation for the portion of the Subject Property, more specifically identified as {SPECIFICALLY IDENTIFY LOCATION AND DESCRIPTION OF SITE}and as shown on the attached site map, shall be permanently connected to a private well to establish a Water Use Credit. At no time may water supplied by the California-American Water Company (Cal-Am) be used for irrigation or other uses on the portion of the site identified above without authorization from the governing jurisdiction and a water permit authorizing such use issued by the Water Management District.
NOTICE IS FURTHER GIVEN if at any time, the Water Management District
finds upon inspection of the property, or inspection of the Cal-Am consumption
records for that address, that Cal-Am water is being used for irrigation at the portion of the site specifically identified above, or
if at any time access to inspect the property is denied, an immediate debit to
the jurisdiction’s water allocation shall occur in the amount of the water
demand associated with any new construction or other uses offset by the Water Use Credit obtained for the retrofit of the
irrigation system from Cal-Am Water to well water, and a lien shall be placed
against the property for full payment of all connection charges and/or other
charges to service this water use.
Owner(s)
acknowledges that the condition requiring the irrigation
at the portion of
the site specifically identified above to be supplied by a private well has been voluntarily accepted
as a condition of a Water Use Credit and is
permanent and irrevocable, unless amended by the filing of a less
restrictive deed restriction.
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
for the duration stated above, 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 and by 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 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.
The
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 a Water Use Credit. 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.
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.
This Notice and Deed Restriction shall have no termination date unless
amended by the filing of a less restrictive 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. (Signatures must be
notarized)
By: Dated:
{OWNER’S NAME}
By:
Dated:
Gabriela
Ayala, Conservation Representative