WATER MANAGEMENT DISTRICT
POST
OFFICE BOX 85
FAX
(831) 644-9560 • http://www.mpwmd.dst.ca.us
FORM 2.2 TEMPLATE
PUBLIC ACCESS TO WATER USE DATA
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 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.
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 for the time period from (DATE) and ending on
(DATE)}.
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) 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 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 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 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 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
(Signatures must be notarized)
By: Dated:
{OWNER’S NAME}
By:
Dated:
Robert
Cline, Conservation Representative
Monterey Peninsula Water Management District
Form 2.2A Template—Amend Access
to Water Use Second Bathroom Addition