Mud And Annexation Notices Ppt

Notice to Purchaser of Real Property in a Water District (MUD),

and Annexation Notices

These notices should be completed at the time of the listing by the seller with the listing agent.

Paragraph 6 E of TREC Contracts

Paragraph 6 E of the contract contains a

Notice for • 6 E (3) - Statutory tax districts • 6 E (5) - Annexation

Paragraph 6 E (3), and (5) of TREC Contracts – Title Notices

These notices are required in the Texas Water Code and the Texas Property Code.

Texas Water Code

§ 49.452. The notice required by this section shall be given to the prospective purchaser prior to execution of a binding contract of sale and purchase either separately or as an addendum or paragraph of a purchase contract.

This notice is required by all sellers of property that are in a water district including corporate relocations and foreclosures.

Texas Property Code

§ 5.011. Seller’s Disclosure Regarding Potential AnnexationThe seller shall deliver the notice to the purchaser before the date of the executory contract binds the purchaser to purchase the property. The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser.

This notice is required by all sellers of property that are in a water district including corporate relocations but not for foreclosures.

Notice to Purchaser of Real Property in a Water District (MUD)

HAR provides 3 different forms for the MUD Notice and Annexation Notice.

400A

400B

400C

The difference in the form is in the Annexation notice only.

MUD Notices HAR 400A

HAR 400A

MUD Notices HAR400B

HAR 400B

MUD Notices HAR 400C

HAR 400C

There is no paragraph on annexation on this form as the property is not located within the corporate boundaries of a municipality of within the extraterritorial jurisdiction of a municipality.

Note:

• These forms are only used when there is a MUD (Utility District).

• If there is no Utility District then these forms are not applicable.

Finding Houston Extraterritorial Jurisdiction (ETJ) Map

So how do I get the information to select the right form for the MUD and Annexation Notice?

Go to www.har.com member site, log in to TEMPO and look for the “MySidebar.”

www.har.comFind out if the property is located in an extraterritorial jurisdiction of a home rule municipality. Click on “MY SIDEBAR” to find the map.

www.har.com

Click on ETJ and City Limits Map

The pink areas are Municipalities, the beige area is Extraterritorial Jurisdiction and the cream is Neither a municipality or an ETJ.

ETJ and City Limits Map

Mapping the Property

• Go to the MLS search.• And map the subject property.• Then compare with the ETJ and City map.

It does not map you will have to pinpoint.

Zoom in to the area that the property is located according to the MLS search.

ETJ and City Limits Map

Sample Area - Tomball

Notice that Tomball has no extraterritorial jurisdiction.

Sample Area - Katy

Notice that Katy has no extraterritorial jurisdiction.

Sample Area - Southwest

WOW! How many ETJs are there?

Sample Area - Southeast

WOW! More ETJs are here.

Completing the Form

Go to www.har.com and log into the

member site for TEMPO MLS and

select TAX to find the subject

property. Or contact the MUD and get the information from them.

Completing the Form - Taxes

TAX Information

1

2 4 5

Locate these items on the MUD Notice and complete accordingly.

12

4 53

Completing the Form

67

8

1

2

45

3

If is completed then Is left blank. Most likely there is no standby fee .

2 3

Completing the Form

6

6

MUD

Add the city in the blank on the form. Most areas will be in the extraterritorial jurisdiction of the City of Houston and you will use form 400B.

Cypress, Spring, The Woodlands are not home rule municipalities and are in the extraterritorial jurisdiction of the city of Houston.

7

7

Legal Description Goes Here.

Completing the Form

8

If there is no legal description then there is no way to identify this form as to the property it represents. There is no space for a property address on the form.

This form is not a part of the contract as it is a “Notice” and not an “Addenda.” Paragraph 22 of the contract is for Agreement of the Parties (Addenda) and not Notices.

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We hope this Power Point has been helpful in your understanding of the Notice to Purchaser of Real Property in a Water District (MUD).

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