WATER MANAGEMENT DISTRICT
POST OFFICE BOX 85
FAX (831) 644-9560 •
http://www.mpwmd.dst.ca.us
FORM 2.3 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
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.
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.
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 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