FORM 2.1.1 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
PROVIDE PUBLIC ACCESS TO
WATER USE DATA
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.
NOTICE IS FURTHER GIVEN that
Owner(s), and each of them, irrevocably grant to the Water Management District
the right to access and disseminate to the public-at-large any and all
information relating to delivery and/or use of water from any and all sources,
including but not limited to private wells, municipal systems and/or public
utilities such as the California-American Water Company on the Subject
Property.
NOTICE IS FURTHER GIVEN that all water use data relating to delivery and/or
use of water on the Subject Property shall be publicly disclosed.
NOTICE IS FURTHER GIVEN that this binding agreement 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 tenant, successor or assignee
of Owner(s). The agreement to release
water use data shall bind future property owners and/or tenants to the same
extent it binds the current Owner(s) and each is deemed to have waived any
right to privacy to the release of this data for the duration of this
restriction.
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 during
all times that water use data are disclosable 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
above, approval 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
shall be recorded against the Subject Property.
Any transfer of this property, or an interest therein, is subject to its
terms.
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 Provide Public
Access to Water Use Data. 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