WATER MANAGEMENT DISTRICT
POST OFFICE BOX 85
FAX (831) 644-9560 •
http://www.mpwmd.dst.ca.us
FORM 1.4
TEMPLATE
SECOND BATHROOM SPECIAL FIXTURE ACCOUNTING
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
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}
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 {TYPE OF DWELLING UNIT} consisting of:
·
Washbasin
·
Toilet, Ultra Low Flush (1.6
gallons-per-flush)
·
Toilet, Ultra Low Flush (1.0
gallon-per-flush)
·
Toilet, Dual Flush Ultra Low
Flush
·
Toilet, Ultra Low Flush (0.5
gallon-per-flush)
·
Urinal (1.0 gallon-per-flush)
·
Urinal (0.5 gallon-per-flush)
0.5
·
Zero Water Consumption Urinal
0.0
·
Master Bathroom: Bathtub (may be
Large Bathtub) & Separate Shower
·
Large Bathtub (over 55 gallons,
may have Showerhead above)
·
Standard Bathtub (may have
Showerhead above)
·
Shower, Separate Stall
·
Shower, each additional fixture
·
Shower System, Rain Bars, or
Custom Shower
·
Kitchen Sink (including optional
adjacent Dishwasher)
·
Kitchen Sink with adjacent
Ultra-Low Consumption Dishwasher
·
Dishwasher, each additional
(including optional adjacent sink)
·
Dishwasher, ultra-low
consumption, each additional (including optional adjacent sink)
·
Laundry Sink/Utility Sink
·
Washing Machine
·
Washing Machine, ultra-low
consumption (18 gallons maximum per cycle)
·
Washing Machine, ultra-low
consumption (28 gallons maximum per cycle)
·
Bidet
·
Bar Sink/Vegetable Sink
·
Swimming Pool (each 100
square-feet of pool surface area)
·
Reasonable outdoor water use as needed and as allowed by District rules
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 installation and maintenance of the Low Water Use
Plumbing Fixtures and the limitation on the water use fixtures referenced above
have been voluntarily accepted as a condition of Water Permit No. {INSERT PERMIT NO.},
and acknowledges that this restriction is permanent and irrevocable, unless
amended by the filing of a less restrictive deed restriction.
Owner(s) further acknowledges that credit shall not be granted for
removal or retrofit of any fixture added pursuant to the second Bathroom
accounting protocol allowed by Rule 24-A-3-i and noted on the Water
Permit. Furthermore, use of the second
Bathroom protocol is voluntary. Any
property installing a second Bathroom pursuant to this provision shall be
limited to two Bathrooms unless the second Bathroom is permitted by debit to a
Jurisdiction’s Allocation.
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).
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 Use on the Subject Property, as defined by Water
Management District Rule 11, or any change in the quantity or type of water fixtures listed above, 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 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, 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 of this Notice and Deed Restriction in the Recorder’s
Office for the
(Signatures must be notarized)
By:
Dated:
{OWNER’S NAME}
By:
Dated:
Gabriela Ayala, Conservation
Representative
Monterey
Peninsula Water Management District
Form 1.4.1 Template—Second Bathroom Addition
with Special Fixtures