FAX (831) 644-9560 •
http://www.mpwmd.dst.ca.us
FORM 1.6 TEMPLATE
CONNECT
TO PRIVATE WELL
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
with connection to a private well
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 an
amendment to 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 {TYPE OF USE} on the
Subject Property shall be permanently connected to a private Well. At no time may water supplied by California
American Water be used for any purpose on the Subject Property without prior
authorization from the governing Jurisdiction and a Water Permit authorizing
such use issued by the Water Management District.
NOTICE IS
FURTHER GIVEN if at any time, the Water Management District finds upon
inspection of the property, or inspection of California American Water
consumption records for that address, that California American Water is being
used on Subject Property, or if at any time access to inspect the property is
denied, an immediate debit to the Jurisdiction’s Allocation shall occur in the
amount of the water demand associated with the use, and a lien shall be placed
against the property for full payment of all Connection Charges and/or other
charges to service this water use.
Owner(s) acknowledges that the
condition requiring cessation of California American Water use has been
voluntarily accepted as a condition of Water Permit No. {INSERT PERMIT NO.}
and is permanent and irrevocable, unless amended by the filing of
a less restrictive deed restriction.
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,
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 record 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