FORM 1.0 TEMPLATE for CHOMP
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
REGARDING LIMITATION ON USE
OF WATER ON A PROPERTY
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 City of
Monterey:
23625
HOLMAN HWY, CA
ASSRS MAP EL PESCADERO RO POR OF BLK 1188 AS DESC IN
VOL 1987 PG 527 & VOL 2110 PG 426 & R24 PG 161 & R267 & R632 PG
634 20.31 AC
ASSESSOR’S PARCEL NUMBER 008-132-011-000
This
real property is hereinafter referred to as the “Subject Property.” The Subject Property is located within the
jurisdiction of the Water Management District. Community Hospital of the
Monterey Peninsula, hereinafter referred to as Owner, is record owner of
the Subject Property.
Owner and the Water Management District
each acknowledge and agree that the attached Conditions of Approval are
permanent requirements of the Subject Property unless rescinded or modified by
future action of the Board of Directors.
Owner and Water Management District further agree that the maximum
permitted water use at the Subject Property is limited to supply the potable
water requirements for hospital-related uses.
NOTICE IS FURTHER GIVEN that
this agreement is binding and has been voluntarily entered into by Owner, 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.
The Owner 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 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. This Notice and Covenant shall have no
termination date unless amended by the filing of a less restrictive deed
restriction.
The
undersigned Owner 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 further agrees to notify any
present and future tenant of the Subject Property of the terms and conditions
of this document. (Signatures must be
notarized).
OWNER agrees
to recordation of this Notice and Deed Restriction in the Recorder’s Office for
the County of Monterey. Owner further
unconditionally accepts the terms and conditions stated above.
By:
Dated:
Community Hospital of the Monterey
Peninsula
By:
Dated:
Gabriela Ayala, Conservation
Representative
Monterey Peninsula Water Management
District
FORM 2.3 TEMPLATE
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
PROVIDE PUBLIC ACCESS TO
WATER USE DATA
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 City of Monterey:
23625 HOLMAN HWY, CA
ASSRS MAP EL PESCADERO RO POR OF BLK 1188 AS DESC IN VOL 1987 PG 527 & VOL 2110 PG 426 & R24 PG 161 & R267 & R632 PG 634 20.31 AC
ASSESSOR’S PARCEL NUMBER 008-132-011-000
This real property is hereinafter referred to as the “Subject Property.” The Subject Property is located within the jurisdiction of the Water Management District. Community Hospital of the Monterey Peninsula, hereinafter referred to as Owner, is record owner of the Subject Property.
NOTICE IS FURTHER GIVEN that Owner irrevocably grants to the Water Management District for the time period set forth below, the right to access and disseminate to the public-at-large any and all information relating to delivery and/or use of water from any and all sources, including but not limited to private wells, municipal systems and/or public utilities such as the California-American Water Company on the Subject Property.
NOTICE IS FURTHER GIVEN that all water use data relating to delivery and/or use of water on the Subject Property shall be publicly disclosed for the time period from July 21, 2003 and ending on July 21, 2033.
NOTICE IS FURTHER GIVEN that this binding agreement has been voluntarily entered into by Owner, 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. The agreement to release water use data shall bind future property owners and/or tenants to the same extent it binds the current Owner. The agreement to release water use data shall bind any present or future tenant of this Subject Property.
The Owner 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 during all times that water use data are disclosable 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 elects and irrevocably covenants with the Water Management District to abide by the conditions of this Notice and Deed Restriction to enable issuance of Water Permits on the site. But for the limitations and notices set forth above, approval of any water permit would otherwise be withheld and found to be inconsistent with the Water Management District Rules and Regulations.
This Notice and Deed Restriction shall be recorded against the Subject Property. Any transfer of this property, or an interest therein, is subject to its terms.
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 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 further agrees to notify any present and future tenant of the Subject Property of the terms and conditions of this document.
OWNER agrees to recordation of this Notice and Deed Restriction in the Recorder’s Office for the County of Monterey. Owner further unconditionally accepts the terms and conditions stated above. (Signatures must be notarized)
By: Dated:
Community Hospital of the Monterey Peninsula
By: Dated:
Gabriela Ayala, Conservation Representative
Monterey Peninsula Water Management District