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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