FORM 1.3 TEMPLATE
ROUGH-IN PLUMBING
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
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 {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.
Improvements at the Subject Property include
rough-in plumbing for areas under concrete tension slabs in grade, as shown on
structural drawings dated {INSERT DATE OF DRAWINGS} submitted to both the {JURISDICTION} and the
Water Management District. 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 for use on the Subject Property.
NOTICE IS FURTHER GIVEN that present and/or future
use of rough-in plumbing at the Subject Property site is prohibited by Water
Management District Rules and Regulations, duly enacted by ordinance. Legal use of this plumbing can occur only
upon issuance of a discretionary water permit by the Water Management District
with the concurrent approval of the {JURISDICTION}.
In the event the rough-in plumbing on Subject Property is used without
such an authorizing permit, all water use on the site may thereafter be revoked
in accord with Water Management District Rule 23, which states,
“Intensification of Water Use without a permit shall provide cause for
revocation by the Water Management District of all water use by any person on that
Site.” Such revocation would cause the
irrevocable extinction of any right or entitlement to water use, water use
capacity, or water credit for 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 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. 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 elects and irrevocably
covenants with the Water Management District to abide by the conditions of this
Notice and Deed Restriction, and to restrict future use of the Subject Property
to these terms, so as to enable present installation of rough-in plumbing for
areas under concrete tension slabs in grade.
But for the limitations and notices set forth herein, approval of this
rough-in plumbing installation 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 subsequent transfer of this property, or
any interest therein, will be subject to this Notice and Deed Restriction until
the earliest of the following: (1) removal of all rough-in plumbing for areas
under concrete tension slabs in grade, as shown on structural drawings dated {INSERT DATE OF DRAWINGS}
submitted to both the {JURISDICTION}
and the Water Management District, or (2) issuance of a water use permit
authorizing water use through the rough-in plumbing, or (3) nullification and
rescission of this Notice and Deed Restriction by the subsequent recording of a
less restrictive deed restriction by the Water Management District. 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:
Robert Cline, Conservation
Representative
Monterey Peninsula Water Management District