MONTEREY PENINSULA

WATER MANAGEMENT DISTRICT

                                                                                                                                                                                                                                                                                                                       

5 HARRIS COURT, BLDG. G

POST OFFICE BOX 85

MONTEREY, CA 93942-0085 • (831) 658-5601

FAX (831) 644-9560 • http://www.mpwmd.dst.ca.us

 

FORM 1.0A 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

Monterey, California 93942-0085

                                                                                                                                                                                                                                                                                                

NOTICE AND DEED RESTRICTION

REGARDING LIMITATION ON USE

WITH SPECIAL CIRCUMSTANCES

 

            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 Subject Property shall be considered as meeting Special Circumstance requirements as defined in District Rule 24-E-6 and the specific Conditions of Approval dated {DATE}, which are attached hereto and made a part hereof.  This is a permanent requirement of the Subject Property. 

 

            Owner(s) and the Water Management District further agree that the maximum permitted water use at the Subject Property is limited to supply the Potable water requirements for {TYPE OF USES} consisting of:

 

·                     {Square-footage and type of use (per Rule 24, Table II)}

·                     {Square-footage and type of use (per Rule 24, Table II)}

·                     Reasonable outdoor water use as needed and as allowed by District rules

 

No water uses other than those listed above have been approved for use on the Subject Property.

 

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). 

 

            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 Approval and 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 shall be recorded against 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 Regarding Limitation on Use with Special Circumstances. 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:                                                                                      

Robert Cline, Conservation Representative

            Monterey Peninsula Water Management District

 

 

Attached: Conditions of Approval

 

 

Form 1.1 Template—Special Fixture Requirements