Recording Requested
by:
Monterey Peninsula Water
Management District
And When Recorded Mail
To:
Monterey Peninsula Water
Management District
Post Office Box
85
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NOTICE AND DEED
RESTRICTION
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
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 the Water Management District each acknowledge and agree
that the installation and maintenance of one dishwasher with no wash cycle
capable of using greater than 7.66 gallons of water, one ultra-low water
consumption washing machine manufactured with no wash cycle capable of using
greater than 28 gallons of water, one one-half gallon maximum ultra-low flow
toilet, and an instant-access hot water system capable of supplying hot water at
any access point within ten seconds are permanent requirements of the
Subject Property. Owners 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
{TYPE OF
DWELLING} consisting of:
·
bathtubs (may
have shower above)
·
kitchen sink
and ULF dishwasher
·
ULF washing
machine – 18 gls max
·
showers –
separate stall
·
wash
basins
·
toilets, ULF,
1.6 gal.
·
large bathtub
(over 55 gal.)
·
kitchen sink
and dishwasher
·
one-gallon
maximum toilets
·
bar/vegetable
sink
·
laundry/utility
sink
·
bidet
·
Reasonable
outdoor water use as needed and as allowed by District rules
No water use fixtures other than those listed above have been approved or
authorized for use on the Subject Property.
Owner(s) acknowledges that the conditions requiring the installation and
maintenance of the ultra-low flow fixtures and the limitation on water use
fixtures referenced above have been voluntarily accepted as a condition of Water
Permit No. {INSERT
PERMIT NO.} and is permanent and irrevocable, unless
amended by the filing of a less restrictive deed
restriction.
NOTICE IS FURTHER
GIVEN that
this document shall rescind, nullify and void the prior and specific
Notice and
Deed Restriction Regarding Limitation on Use
of Water
on a Property, Document Number xxxxxxxxxx, recorded
DATE,
on the Subject Property described
above.
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.
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 Water Permit No. {INSERT PERMIT
NO.}. 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
By:
Dated:
{OWNER’S
NAME}
By:
Dated:
Monterey Peninsula Water Management District