EXHIBIT 7-A

 

FORM 1.5.2

IRRIGATION CONNECTED TO A 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

IRRIGATION CONNECTED TO 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 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}

{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 that all irrigation for the portion of the Subject Property, more specifically identified as {SPECIFICALLY IDENTIFY LOCATION AND DESCRIPTION OF SITE}and as shown on the attached site map, shall be permanently connected to a private well to establish a Water Use Credit.  At no time may water supplied by the California-American Water Company (Cal-Am) be used for irrigation or other uses on the portion of the site identified above without 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 the Cal-Am consumption records for that address, that Cal-Am water is being used for irrigation at the portion of the site specifically identified above, or if at any time access to inspect the property is denied, an immediate debit to the jurisdiction’s water allocation shall occur in the amount of the water demand associated with any new construction or other uses offset by the Water Use Credit obtained for the retrofit of the irrigation system from Cal-Am Water to well water, 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 the irrigation at the portion of the site specifically identified above to be supplied by a private well has been voluntarily accepted as a condition of a Water Use Credit 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 for the duration stated above, and shall bind any 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 and by the water use requirements referenced above.  Any intensification of water 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 Subject Property is approved, connection charges and other administrative fees may be required as a condition of approval.

 

            NOTICE IS FURTHER GIVEN that in the event intensification of water use on Subject Property occurs without such an authorizing permit, any and all water use on this site may thereafter be revoked in accord with Water Management District Rules, which state, “Intensification of Water Use without a permit shall provide cause for revocation by the District of all water use by any person on that Site.”  Such revocation could cause the irrevocable extinction of any right or entitlement to water use, water use capacity, or water credit for the Subject Property.

 

            NOTICE IS FURTHER GIVEN that intensification of water use on 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, 23, and 148.

                                   

            The Owner(s) and 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 a Water Use Credit.  But for the limitations and notices set forth herein, issuance 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 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:                                                                                     

            Gabriela Ayala, Conservation Representative

            Monterey Peninsula Water Management District