EXHIBIT 1-C
FAX (831) 644-9560 • http://www.mpwmd.dst.ca.us
FORM 1.0 TEMPLATE
LIMITATION ON USE OF WATER
Recording
Requested by:
Monterey
Peninsula Water Management District
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
Monterey, California
93942-0085
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 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 and city}
{LEGAL DESCRIPTION OF PROPERTY}
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 maximum permitted water use at the
Subject Property is limited to supply the Potable water requirements for a {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)}
·
Reasonable outdoor water use as needed and as
allowed by District rules
No
water uses other than those listed above have been approved for use on the
Subject Property.
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 and Water
Permit No. {INSERT
PERMIT NO.}. This agreement
attaches to the land and shall bind any tenant, 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 modification to a water use connection as set forth in District Rule
20-B 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 the Subject Property is
approved, Connection Charges and other administrative fees may be required as a
condition of approval.
NOTICE IS FURTHER GIVEN that modification
or Intensification of Water Use on the 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, 20, 21, 23, 24, and 148.
The Owner(s) and the 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 District to abide by the Conditions of Approval which are
attached hereto and made a part hereof and by this Notice and Deed
Restriction. But for the limitations and
notices set forth herein, {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 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 this Notice and Deed Restriction in the Recorder’s Office for
the County of Monterey. Owner(s) further unconditionally accepts the
terms and conditions stated above.
(Signatures must be notarized).
By: Dated:
{OWNER’S NAME}
By:
Dated:
Robert Cline, Conservation Representative
Monterey Peninsula Water Management
District
Form 1.0A Template—Special
Circumstances Applications