ORD 1989-38 - Authorizes Forms For Notice To Purchaser Of Restrictions Of Property 11-14-1989•
ORDINANCE NO. 89- 38
•
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AUTHORIZING FORMS FOR NOTICE TO
PURCHASER OF RESTRICTIONS; DIRECTING THE CITY
SECRETARY TO FILE IN THE REAL PROPERTY RECORDS OF THE
COUNTY CLERK'S OFFICE A COPY OF THE FORM OF NOTICE; AND
MAKING OTHER PROVISIONS RELATED THERETO.
WHEREAS by Ordinance No. 89 -34, the City Council of the City of
Huntsville, Texas, amended its Code of Ordinances to require that any
person who sells or conveys restricted property first give to the
purchaser written notice of the restrictions and notice of the City's
right to enforce compliance as authorized by Texas Local Government Code
Chapter 230;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that
SECTION 1: The City authorizes either of the following forms be used
for written notice of restrictions to purchasers as required by
Chapter 30 of its Code of Ordinances:
STATE OF TEXAS §
COUNTY OF WALKER §
• ALTERNATIVE FORM NO.
NOTICE OF RESTRICTIONS
The Seller of real property under Subchapter 14, Chapter 230, Local Government
Code, Section 230.005 gives the following notice:
Purchaser:
Seller:
Legal:
Street Address:
The above described property is subject to Deed Restrictions and the City of
Huntsville, Texas, is authorized to enforce the restrictions.
The restrictions are recorded in the County Clerk's office as follows:
Volume and Page or County Clerk's File No. or Film Code Number
Any provision of this notice that restricts the sale, rental or use of the
real property on the basis of race, color, religion, sex, or national origin
are unenforceable.
This notice shall be given to the purchaser at or before the final closing of
the sale and purchase of the above described property and shall be recorded in
the real property records of Walker County, Texas.
State of
County of
Seller
Purchaser
This instrument was acknowledged before me on the day of
, 1989, by
State of
County of
Notary Public, State of
Notary's Printed Name:
Commission Expires:
This instrument was acknowledged before me on the day of
, 1989, by
Notary Public, State of
Notary's Printed Name:
Commission Expires:
ALTERNATIVE FORM NO. 2
NOTICE TO PURCHASER(S)
THE STATE OF TEXAS
COUNTY OF
The real property described below, which you are purchasing is subject
to deed restrictions recorded at of the County
records (identify the volume and page, clerk's file
number, or film code number and the title of the records in which the
restrictions are recorded; if the restrictions have been amended or extended
or if property is subject to restrictions recorded at various places, then
identify each filing; be certain to include reference to subdivision and other
map filings to the extent they include setback lines or other restrictions).
THE RESTRICTIONS LIMIT YOUR USE OF THE PROPERTY. THE CITY OF HUNTSVILLE IS
AUTHORIZED BY STATUTE TO ENFORCE COMPLIANCE WITH CERTAIN DEED RESTRICTIONS.
You are advised that in the absence of a declaratory judgment that the
referenced restrictions are no longer enforceable, the City of Huntsville may
sue to enjoin a violation of such restrictions. ANY PROVISIONS THAT RESTRICT
THE SALE, RENTAL, OR USE OF THE REAL PROPERTY ON THE BASIS OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN ARE UNENFORCEABLE; however, the inclusion of
such provisions does not render the remainder of the deed restrictions
invalid. The legal description and street address of the property you are
acquiring are as follows: (insert legal description or attach and refer to by
designated Exhibit; state property street address).
Date Seller
Date Seller
The undersigned admit receipt of the foregoing notice at or prior to
closing the purchase of property above described.
Date Purchaser
Date Purchaser
(Add additional execution lines for Sellers and Purchasers as
required; attach acknowledgments for each seller and purchaser in
the applicable form as provided by Section 121.008 of the Civil
Practice and Remedies Code.)
• •
SECTION 2: The City Secretary is directed to file in the real property
records of the Walker County Clerk a copy of the forms of notice
that may be used by any person who sells or conveys restricted
property.
PASSED AND APPROVED THIS MAIN day of 1\ 00ertber--- , 1989.
By:
ATTEST:
eShaw, City Secretary
AP ED AS T!1jiRM:
Scott Bounds, City Attorney
THE C 'Y OF HUNTSVILLE
JAN ; ONDAY, A IR