FORM 2.3 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.
Owner(s) and the Water Management District each acknowledge and agree that the Subject Property shall be considered as meeting Special Circumstance requirements as defined in this document, consistent with the District’s Rules and Regulations. This is a permanent requirement of the Subject Property.
Special circumstances shall be deemed to exist in each
single-family dwelling unit project, which proposes to irrigate more than two
acres, and for each other project, which proposes to irrigate more than five
acres. Special circumstances shall also
be deemed to exist where a dual system provides sub‑potable water for
outdoor use. Special circumstances shall
be deemed to exist with respect to each expansion/extension permit or amended
permit, which proposes to utilize water in conjunction with a manufacturing
process. Special circumstances shall
also be deemed to exist with respect to each expansion/extension permit or
amended permit for a municipality, county, or other local government agency.
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