TEMPORARY WATER PERMIT
REQUIREMENTS
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
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.
Owners and Water Management District further agree that the maximum
permitted temporary water use at the Subject Property on and before {DATE} is limited to
supply the potable water requirements for {TYPE OF USES} consisting of:
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
Square-footage and type of use
(per Rule 24, Table II)}
All water use permitted by
this paragraph is temporary and time limited.
The water uses allowed by this paragraph are approved pursuant to
District Rule 23 (B) based upon a determination of near‑term water
need. This temporary expansion/extension
permit shall be subject to the following conditions:
(1) This temporary permit shall
not confer a property interest upon the Owner(s) to obtain or use water after
expiration and/or revocation of the permit, and
(2) This temporary permit is subject to revocation during its term
without cause, without hearing, upon thirty (30) days' notice, and
(3) This temporary permit shall terminate on {DATE}, and
(4) Any unauthorized uses of
water through the connection or water meter installed or used pursuant to the
temporary permit following expiration and/or revocation of that permit shall be
unlawful.
(5) The Owner(s) acknowledges that the temporary permit does not
confer a right to obtain or use water upon expiration and/or revocation of the
temporary permit.
(6) The Owner(s) consents to the physical removal of the connection
and/or water meter upon the expiration and/or revocation of the temporary
permit.
(7) The terms and conditions of the temporary permit shall operate as
a covenant running with the land.
Owner(s) and Water
Management District further agree that the maximum permitted water use at the
Subject Property on and after {DATE}, is limited to supply the potable water requirements
for {TYPE OF USE}
consisting of:
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
{Square-footage and type of use
(per Rule 24, Table II)}
·
Square-footage and type of use
(per Rule 24, Table II)}
The Owner(s) agrees
that any and all structures and/or improvements with greater water use
requirements than the quantities permitted by this paragraph shall be removed
from the Subject Property no later than {DATE}.
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 regarding the limitation on water use
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 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 Related To A
Temporary Water Permit. 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