(a)
Any person who sells or conveys restricted property located inside the boundaries of the City of Seymour, Texas, shall first give to the purchaser thereof written notice of restrictions and notice of the City of Seymour’s right to enforce compliance with those restrictions.
(b)
The above referred to notice to the purchaser shall contain the following information:
(1)
The name of each -purchaser;
(2)
The name of each seller;
(3)
The legal description of the property;
(4)
The street address of the property;
(5)
A statement that the property is subject to deed restrictions and the City of Seymour is authorized to enforce the restrictions;
(6)
A reference to the volume and page, clerk’s file number. or file code number where the restrictions are recorded; and
(7)
A statement that 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.
(c)
The above referred notice must be given to the purchaser of such restricted property at or before the final closing of the sale and purchase. The seller and purchaser shall each sign and acknowledge said notice and following the execution, acknowledgment and closing of the sale and purchase, the notice shall be recorded in the real property records of Baylor County, Texas.
(d)
The city secretary of the City of Seymour is directed that after final passage of this ordinance, it shall be filed in the records of the Baylor County Clerk’s office.
(e)
The above referred to notice shall be in substantially the following form:
“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 municipality wherein the property is located 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 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 the county wherein the real property is located. | |
__________________________ | |
__________________________ | |
Seller | |
__________________________ | |
__________________________ | |
Purchaser | |
STATE OF _____________________ | |
COUNTY OF _____________________ | |
This instrument was acknowledged before me on the _____________day of _____________, by _________________. | |
____________________________ Notary Public, State of | |
Notary’s Printed Name: _____________________________ Commission Expires: ___________ | |
STATE OF _____________ | |
COUNTY OF _____________ | |
This instrument was acknowledged before me on the _____________day of _____________, by _________________. | |
______________________________ Notary Public, State of | |
Notary’s Printed Name: ______________________________ Commission Expires: _____________” | |
(f)
Failure of any seller to comply with this article shall be a misdemeanor enforceable in the municipal court of the City of Seymour and said seller, or each of said sellers should there be more than one, shall be subject to fine in accordance with the general penalty provision found in Section 1.106 of this code.
(Ordinance 89-20 adopted 2/9/89)