FORM 1.4.3 TEMPLATE
AMEND SECOND BATHROOM
ADDITION
WITH SPECIAL FIXTURES
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 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. Owner(s) and the Water
Management District each acknowledge and agree that the maximum permitted water
use at the Subject Property is limited to supply the potable water requirements
for {TYPE OF DWELLING
UNIT} 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.
Owner(s) further acknowledges that
credit shall not be granted for removal or retrofit of any fixture added
pursuant to the second bathroom accounting protocol allowed by Rule 24C and
noted on the water permit.
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. 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
By: Dated:
{OWNER’S NAME}
By:
Dated:
Robert Cline, Conservation
Representative
Monterey
Peninsula Water Management District