FORM 1.6 TEMPLATE
DISCONNECTION OF SFD FROM
CAL-AM TO SERVICE BY PRIVATE WELL
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 an amendment to 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.
Owner(s)
and the Water Management District each acknowledge that all structures and
improvements on Subject Property shall be permanently connected to a private
well. At no time may water supplied by
the California American Water Company (Cal-Am) be used for any purpose on
Subject Property without prior authorization from the governing jurisdiction
and a water permit authorizing such use issued by the Water Management
District.
NOTICE IS
FURTHER GIVEN if at any time, the Water Management District finds upon
inspection of the property, or inspection of the Cal-Am consumption records for
that address, that Cal-Am water is being used on Subject Property, or if at any
time access to inspect the property is denied, an immediate debit to the
jurisdiction’s water allocation shall occur in the amount of the water demand
associated with the use, and a lien shall be placed against the property for
full payment of all connection charges and /or other charges to service this
water use.
Owner(s)
acknowledges that the condition requiring cessation of Cal-Am water use has
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
for the duration stated above, 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 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,
including but not limited to any Cal-Am water use, 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 record 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