WATER MANAGEMENT DISTRICT
POST OFFICE BOX 85
FAX (831) 644-9560 •
http://www.mpwmd.dst.ca.us
FORM 1.0A TEMPLATE
SPECIAL
CIRCUMSTANCES APPLICATIONS
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
WITH SPECIAL CIRCUMSTANCES
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}
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 District Rule 24-E-6 and the specific Conditions of Approval dated {DATE}, which are attached hereto and made a part hereof. This is a permanent requirement of the Subject Property.
Owner(s)
and the Water Management District further agree that the maximum permitted
water use at the Subject Property 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)}
·
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. 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).
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 Water Management District to abide by the Conditions of
Approval and this Notice and Deed Restriction to enable issuance of Water
Permit No. {INSERT PERMIT NO.}. 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
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 Regarding Limitation on Use with Special Circumstances. 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
(Signatures
must be notarized)
By:
Dated:
{OWNER’S NAME}
By: Dated:
Robert Cline, Conservation Representative
Monterey
Peninsula Water Management District
Attached:
Conditions of Approval