FORM 1.2.3 TEMPLATE
Recording
Requested by:
Monterey
Peninsula Water Management District
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
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 {JURISDICTION}:
{STREET ADDRESS}
{LEGAL
DESCRIPTION}
ASSESSOR’S PARCEL NUMBER {ENTER PARCEL NUMBER}
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.
NOTICE IS FURTHER GIVEN that
the Water Management District has determined that {X.XXX} acre-feet of Water Use Credits have
been obtained from {INDICATE
APN, LEGAL DESCRIPTION AND JURISDICTION FOR ADJACENT PROPERTY RECEIVING CREDIT}.
Owner(s) and the Water Management
District each acknowledge and agree that the installation and maintenance of {LIST SPECIAL REQUIREMENTS}
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.)
·
masterbath with separate shower
·
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 and is also a mandatory
condition precedent to assignment of the Water Use Credit referenced above.
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. 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 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 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:
Robert Cline, Conservation
Representative