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RES 1413 12/14/2010 O ,, O C r O reX !' f' "City c>(Chc�ice" RESOLUTION NO. 1413 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT HEREBY RECOGNIZES AND APPROVES ALL NON-ANNEXATION AGREEMENTS EXECUTED BETWEEN THE CITY OF CIBOLO AND PROPERTY OWNERS WITHIN THE 537.85 ACRE ANNEXATION AREA REFERRED TO AS ANNEXATION AREA 2, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON SEPTEMBER 7, 2010. PROPERTIES DESCRIBED IN ALL NON-ANNEXATION AGREEMENTS ARE EAST OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, GENERALLY BETWEEN BOLTON ROAD AND LOWER SEGUIN ROAD, AND ARE LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and Page 1 WHEREAS, the City Council of the City of Cibolo, Texas, on September 14, 2010, authorized the annexation of 537.85 acres of its Extraterritorial Jurisdiction located in an area adjoining the existing City of Cibolo, Texas corporate boundary in the area described as Annexation Area 2 east of the corporate limits of the City of Cibolo, generally between Bolton Road and Lower Seguin Road; and WHEREAS, Texas Local Government Code section 43.035(a)(2) stipulates that a municipality may not annex an area appraised for ad valorem tax purposes as land for agricultural use under Subchapter C or D, Chapter 23, Tax Code; and WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates provides that a municipality must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2) to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the City of Cibolo executed fourteen (14) Non-Annexation Agreements for properties that comprise an aggregate area of 371.13 acres out of the 537.85 acre annexation area authorized by the City Council of the City of Cibolo, Texas on September 7, 2010. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1. All Non-Annexation Agreements executed between the City of Cibolo and eligible property owners within the 537.85 acre annexation area described in Exhibit A, are hereby recognized as being approved and in full force and effect and are attached hereto and incorporated herein as Exhibit B. SECTION 2. This resolution shall be effective from and after December 14, 2010. PASSED AND APPROVED this, the 14a' day of December 2010. nifer rtman Mayor ATTEST: Peggy Cimics City Secretary Page 2 EXHIBIT A (Field Notes) Field Notes for a 537.85 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 537.85 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas. AREA #2 — 537.85 Acres BEGINNING: at a point approximately 97.41' from the most Southeastern corner of a 103.270 Acre tract listed in the Guadalupe County Appraisal District, Account No. 70982, and POINT OF BEGINNING of herein described 537.85 Acre tract. THENCE: S 61' 48' 23" W, for a distance of 1423.63' to a point on the North Right-of-Way of Santa Clara Road; Continuing along the North Right-of-Way line of Santa Clara Road, N 30° 54' 34" W, for a distance of 1224.82' to a point at the intersection of Bolton Road. Leaving the North Right-of-Way of Santa Clara Road and continuing S 59° 26' 08" W, for a distance of 3764.20' along the West Right-of-Way of Bolton Road to a point; Leaving the Right-of-Way and continuing along a chord of which bears N 31° 55' 48" W for a distance of 4654.10'; the curve having a radius of 26400.00', a length of 4660.14' and a central angle of 10° 06' 50" to a point West of the said chord; N 61° 31' 40" E, for a distance of 680.71' to a point; N 61' 24' 01" E, for a distance of 879.86' to a point; S 30° 19' 33" E, for a distance of 603.70' to a point on the West Right- of-Way of Schmoekel Road; Crossing to the East Right-of-Way of Schmoekel Road, S 69° 47' 28" E, for a distance of 110.54' to a point; Leaving the Right-of-Way, S 30° 24' 04" E, for a distance of 588.04' to a point; N 66° 06' 41" E, for a distance of 470.87' to a point; Page 3 N 30° 56' 11" W, for a distance of 569.02' to a point on the East Right- of-Way of Schmoekel Road; Continuing along the Right-of-Way, N 66° 51' 01" E, for a distance of 1765.60' to a point; N 58° 32' 22"E, for a distance of 863.54' to a point; Leaving the Right-of-Way of Schmoekel Road and continuing N 28° 31' 25"W, for a distance of 1661.21' to a point; S 86° 23' 23" E, for a distance of 626.05' to a point; Continuing along a chord of which bears S 30° 47' 16" E, for a distance of 6212.57'; the curve having a radius of 31680.00, a curve length of 6222.57' and a central angle of 11° 15' 14" West of the said curve to the POINT OF BEGINNING and containing 537.85 Acres more or less. Page 4 EXHIBIT A (Graphically) i ._...L•.� . ;p �� � L95 Y �a Ku. , �.._.._;;l.._,. 1 43 z ! i AREA#2 �� •� 537.85 AC. of s:.._..�.._.._..�. ...._........._ ! i� P.O.B.AREA#2 ! N�.. � � I lJ F 1 FGENo / , i 2010.--------- C'Y LIMUS AND FTJ MAP ..w,«q• OF THE CM OF C[BOLO——KLEIN ENGINEERING,INC. Ery Page 5 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS (ATTACHED) Page 6 OCT 2 8 2010 CITY OF CIBOLO NON ANNE TION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a hole �nic' ality located in Guadalupe County, Texas ("City"), and �-( i ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.17 2 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning parry from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. r : City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule munici in Landowner: Guadalupe County, Texas By: V i Y� Bruce P arson, Cibolo City Manager or Address: r— Randal Anderson, Senior Planner City: 0- State/Zip: -State/Zip: CO Date: 6 l l Date: U OOW City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses appeared in person before me today and stated under oath: "My name is-La c'Cy am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at X03f -7� 3 Said property is appraised for ad valorem tax purposes under the Texas T ode �� for � purposes." "Further, my property is currently being used for the following uses: Signed: Printed Name: JL SIGNED under oath before me ons{-h 201D , 2010. c Notary Public, State of T s PAMELA TRACEY FOSTER Notary Public, State of Texas My Commission Expires July 08, 2014 IJUaUmupe l t11J - rruperty 1Jetalls rage i or Guadalupe CAD Property Search Results > 63974 NEILL LARRY R for Year 2010 Property Account Property ID: Legal Description: ABS: 141 SUR: F GARCIA 44.0000 AC. E?-0000-00900-0-00 Geographic ID: Agent Code: Type: Real Location Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: NEILL LARRY R Owner ID: 51938 Mailing Address: 5838 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 781084005 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+j Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+j Agricultural Market Valuation: + $301,239 $7,040 (+j Timber Market Valuation: + $0 $0 (=)Market Value: _ $301,239 (—)Ag or Timber Use Value Reduction:— $294,199 (_)Appraised Value: _ $7,040 (—)HS Cap: — $0 (_)Assessed Value: _ $7,040 Taxing Jurisdiction Owner: NEILL LARRY R %Ownership: 100.0000000000% Total Value: $301,239 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,040 $7,040 $0.00 GCO GUADALUPE COUNTY 0.334500 $7,040 $7,040 $23.55 LTR LATERAL ROAD 0.055000 $7,040 $7,040 $3.87 MAS MARION ISD 1.220000 $7,040 $7,040 $85.89 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $113.31 Taxes w/o Exemptions: $113.31 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63974 9/1/2010 v uauaiuYv r t vyvi q Lcuuis rage L oI L Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 44.0000 1916640.00 0.00 0.00 $301,239 $7,040 Roll Value History Year Improvements Land Market All Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $301,239 7,040 7,040 $0 $7,040 2009 $0 $301,239 6,996 6,996 $0 $6,996 2008 $0 $301,239 6,864 6,864 $0 $6,864 2007 $0 $228,212 6,732 6,732 $0 $6,732 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/12/1993 12:00:00 AM OT OTHER NEILL LARRY R 1054 0449 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 8/23/2010 8:43 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63974 9/1/2010 ,Guadalupe CA ) - Yroperty Details rage i ui � 'Guadalupe CAD Property Search Results > 63975 NEILL LARRY R for Year 2010 Property Account Property ID: (941-0000-01000-0-00 Legal Description: ABS: 141 SUR:F GARCIA 23.5000 AC. Geographic ID: Agent Code: Type: Real Location Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: NEILL LARRY R Owner ID: 51938 Mailing Address: 5838 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108-4005 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $160,890 $3,760 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $160,890 (—)Ag or Timber Use Value Reduction: — $157,130 (_)Appraised Value: _ $3,760 (—)HS Cap: — $0 (_)Assessed Value: _ $3,760 Taxing Jurisdiction Owner: NEILL LARRY R %Ownership: 100.0000000000% Total Value: $160,890 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $3,760 $3,760 $0.00 GCO GUADALUPE COUNTY 0.334500 $3,760 $3,760 $12.58 LTR LATERAL ROAD 0.055000 $3,760 $3,760 $2.07 MAS MARION ISD 1.220000 $3,760 $3,760 $45.87 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $60.52 Taxes w/o Exemptions: $60.52 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63975 9/1/2010 %-Juauaiupr' %,r%L - rLUPUILy LCw.tis Page 1 0I 1 _and ` # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 23.5000 1001880.00 0.00 0.00 $160,890 $3,760 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $160,890 3,760 3,760 $0 $3,760 2009 $0 $160,890 3,737 3,737 $0 $3,737 2008 $0 $160,890 3,666 3,666 $0 $3,666 2007 $0 $121,886 3,596 3,596 $0 $3,596 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/12/1993 12:00:00 AM OT OTHER NEILL LARRY R 1054 0449 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63975 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations a CITY OF CIBOLO NON ANNEXA ONr DEVELOPMENT AGREEMEN OCT 6 2010 �J ey This DEVELOPMENT AGREEMENT ("Agreement"), dated fp-- - , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), andJ Win/ j . -rq.,e L /2 u Ro vE� ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City`s boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment, Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas By: By: -�c�Rn/ —1S—F,2 C64 Z c{RoyEC B 'e Pearson, Cibolo t Manager or Address: /3 t;Z /�i9 Ey C_4iQ Ta Kondal Anderson, Senior Planner City: Sfb Al /9 CI WToy,y, State/Zip: Date: !7 i Grp Date: /U – p i City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses -10-4w - -5-7-g 1 -eL /Zee",/,-?.ppeared in person before me today and stated under oath: "My name is�' nz T 5rn E-,!�c %zee ces'Er . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at ?10,0PE41y .Z1) Said property is appraised for ad valorem tax purposes under the Texas Tax Code fo2 A L purposes." 40,11, "Further, my property is currently being used for the following uses: 19(:::;A71Cu z- T1tK2AL Signed: �' J AZ9- Printed Name: SIGNED under oath before me on d(+01qer 10 Qh� 2, 2010- PAMELA TRACEY FOSTER •° Notary Public, State of Texas My Commission Expires ;'+s►"ia` July 08, 2014 Notary Public, State of Tekhs LGLQIIJ rage 1 ul z V IJCLt141U�.7G t,[yL- t lU�.JGl L�' Guadalupe CAD Property Search Results > 63986 ZUROVEC JOAN T STRIEGL& NEHR BARBARA C STRIEGL &for Year 2010 Property Account Property ID: 63986 Legal Description: ABS: 141 SUR: F GARCIA 75.0000 AC. Geographic ID: 2G0141-0000-01700-0-00 Agent Code: Type: Real Location Address: SANTA CLARA RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: ZUROVEC JOAN T STRIEGL&NEHR BARBARA C STRIEGL& Owner ID: 127721 Mailing Address: STRIEGL CONRAD J JR&JOYCE LEE STRIEGL %Ownership: 100.0000000000% 22132 PASEO CORTO DR SAN ANTONIO,TX 78266-2220 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Nan-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $434,648 $12,000 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $434,648 (—)Ag or Timber Use Value Reduction: — $422,648 (_)Appraised Value: _ $12,000 (—)HS Cap: — $0 (_)Assessed Value: _ $12,000 Taxing Jurisdiction Owner: ZUROVEC JOAN T STRIEGL&NEHR BARBARA C STRIEGL& %Ownership: 100.0000000000% Total Value: $434,648 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $12,000 $12,000 $0.00 GCO GUADALUPE COUNTY 0.334500 $12,000 $12,000 $40.14 LTR LATERAL ROAD 0.055000 $12,000 $12,000 $6.60 MAS MARION ISD 1.220000 $12,000 $12,000 $146.40 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $193.14 Taxes w/o Exemptions: $193.14 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63986 9/1/2010 rro a t�eta.iis (ivanatupe L� - P nY Improvement/Building No improvements exist for this property. Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 75.0000 3267000.00 0.00 0.00 $434,648 $12,000 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A NIA N/A N/A 2010 $0 $434,648 12,000 12,000 $0 $12,000 2009 $0 $434,648 11,925 11,925 $0 $11,925 2008 $0 $434,648 11,700 11,700 $0 $11,700 2007 $0 $329,279 11,475 11,475 $0 $11,475 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 1/28/2010 12:00:00 AM WD WARRANTY DEED ZUROVEC JOAN T ZUROVEC JOAN T 2842 639 2 8/13/1980 12:00:00 AM WD WARRANTY DEED 603 416 3 10/25/1950 12:00:00 AM WD WARRANTY DEED 278 476 Questions Please Call(830)303-3313 Database last updated on: 8/23/2010 8:43 ®2010 True Automation, Inc.All Rights Website version: 1.2.2.2 PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.tr-ueautomation.com/clientdb/Property.aspx?prop_id=63986 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIB L O O NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated I Q 3(a , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE , a home rule muni ality located in Guadalupe County, Texas ("City"), and -QCT ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas By: By: B BK Pearson, Cibolo City Manager or Address: {2 b dal Anderson, Senior Planner City: '47,q,2 r o,✓ State/Zip: T"K '7g/2 q- Date: /C7��(c,�/U Date: �-P7 -y G Z.e� � 0 � OOW City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses CNi9WC-5 64 M!�/'&appeared in person before me today and stated under oath: "My name is Gh+A►24 6::!-�> 01 rz,oltt-Y-L- . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at1?`�l Z. 5 5'fl GL�1i'L� Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 46 at GfiL� C-��'L�il Y��NT C urposes." "Further, my property is currently being used for the following uses: ��I'Ltlt/LZ�/►'�9'�- l �lnd Signed:' Printed Name: ✓z0 SIGNED under oath before me on 2-b UC406el— , 2010. Notary Public State of Texas a`wr►' . PAMELA 1RACEY FOSTER Notary Public, State of Texas yrf•k`ty`, My Commission Expires July 08, 2014 vuauatuPc k r»..i -rivpc Ly LcLa.ii.3 i agc i vi z- Guadalupe CAD Property Search Results > 63968 GARDNER CHARLES M for Year 2010 Property Account Property ID: 63968 Legal Description: ABS: 141 SUR: F GARCIA 1.0000 AC. Geographic ID: 2G0141-0000-00401-0-00 Agent Code: Type: Real Location Address: 3362 SANTA CLARA RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: GARDNER CHARLES M Owner ID: 74888 Mailing Address: 3362 SANTA CLARA ROAD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS Values (+}Improvement Homesite Value: + $59,867 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $16,524 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value +}Agricultural Market-Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $76,391 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $76,391 (—)HS Cap: — $18,044 (_)Assessed Value: _ $58,347 Taxing Jurisdiction Owner: GARDNER CHARLES M %Ownership: 100.0000000000% Total Value: $76,391 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $76,391 $58,347 $0.00 GCO GUADALUPE COUNTY 0.334500 $76,391 $53,347 $178.45 LTR LATERAL ROAD 0.055000 $76,391 $50,347 $27.69 MAS MARION ISD 1.220000 $76,391 $43,347 $528.84 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $734.98 opw Taxes w/o Exemptions: $939.09 Improvement!Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63968 9/1/2010 (ivadatupe UAIJ - rroperly lieums Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1224.0 Value: $59,867 sqft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 7 BV-BRICK VNR 0 1224.0 CP COV PORCH BV 0 64.0 CPT PATIO-COV BV 0 240.0 DG DET GARAGE DGF BV 0 924.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $11,524 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $59,867 $16,524 0 76,391 $18,044 $58,347 2009 $60,995 $16,524 0 77,519 $24,476 $53,043 2008 $31,697 $16,524 0 48,221 $0 $48,221 2007 $30,330 $13,730 0 44,060 $0 $44,060 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 11/25/2003 12:00:00 AM WD WARRANTY DEED REINHARD ETHEL GARDNER CHARLI 1938 0305 2 11/16/2001 12:00:00 AM OT OTHER REINHARD ETHEL 1667 0333 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63968 9/1/2010 t14{,1.lifbl{.Lill. �L 1L --. 1 1VtJVl1.,' Ltr�µ11J 1 0. G 1 Vl G Guadalupe CAD Property Search Results > 63967 GARDNER CHARLES M for Year 2010 Property Account Property ID: 63967 Legal Description: ABS: 141 SUR: F GARCIA 9.0000 AC. Geographic ID: 2G0141-0000-00400-0-00 Agent Code: Type: Real Location Address: 3362 SANTA CLARA RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: GARDNER CHARLES M Owner ID: 74888 Mailing Address: 3362 SANTA CLARA ROAD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+) Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $663 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+}Agricultural Market Valuation: + $103,718 $954 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $104,381 (—)Ag or Timber Use Value Reduction: — $102,764 (_)Appraised Value: _ $1,617 (—) HS Cap: _ $0 (_)Assessed Value: _ $1,617 Taxing Jurisdiction Owner: GARDNER CHARLES M %Ownership: 100.0000000000% Total Value: $104,381 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,617 $1,617 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,617 $1,617 $5.41 LTR LATERAL ROAD 0.055000 $1,617 $1,617 $0.89 MAS MARION ISD 1.220000 $1,617 $1,617 $19.72 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $26.02 Taxes w/o Exemptions: $26.03 Improvement/ Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63967 9/1/2010 V 41(.1.\1GLLU�,/4 lil11J - JL 1%JF%,I L.Y LV LC111J 1 LL�GL V1G Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $663 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WSD 0 630.0 BARN BARN WSD 0 400.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 DIG IMPROVED GOOD 9.0000 392040.00 0.00 0.00 $103,718 $954 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $663 $103,718 954 1,617 $0 $1,617 2009 $663 $103,718 927 1,590 $0 $1,590 2008 $500 $103,718 936 1,436 $0 $1,436 2007 $500 $78,574 954 1,454 $0 $1,454 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 11/25/2003 12:00:00 AM WD WARRANTY DEED REINHARD ETHEL GARDNER CHARLI 1938 0305 2 11/16/2001 12:00:00 AM OT OTHER REINHARD ETHEL 1667 0333 Questions Please Call (830)303-3313 tow Website version: 1.2.2.2 Database last updated on:8/23/201.0 8:43 ®2010 True Automation, Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63967 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations a JThi ITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT c�a EVELOPMENT AGREEMENT ("Agreement"), dated 0 2010 ("Effective , made by and between the CITY OF CIBOLO, TEXAS. !hZ�ule mumci ali located in Guadalupe County, Texas ("City"), and �OsV ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees elle continuation of the extraterritorial status of the area for a certain tine and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo greement —Pale] of 4 TLGC§43.035 Development A NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the --City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment, Binding Effect. The parties may not assign this Agreement to any other OW person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to -release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule munic' ' y in Landowner: Guadalupe County, Texas By: B ' Pearson, Cibolo City Manager or Address: 21al Anderson, Senior Planner City: — State/Zip: Date: C] !U Date: City of Cibolo Page 4 of 4 TLGC{43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses .' �1'C—' � —a�peared in person before me today and stated under oath: "M ib name i 1 1� ct_CvS'T� I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at�� Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." "Further, my property is currently being used for the following jj uses: V -- C Signed: Printed Name: SIGNED under oath before me on /D , 2010. SE�uM EawloNoso�1 Notary Public, State k Texas MY COMMISSION EXPIRES Jona 9,2012 vuauaiupc rry -i ivYvity a�cwii� 1 ug. v� ` Guadalupe CAD Property Search Results > 129083 JACKSON CLIFTON M & MAMIE E for Year 2010 Property =Geograp : 129083 Legal Description: ABS: 313 SUR:G TORRES 2.00 AC. �c - 00-04225-0-00 Agent Code: Type: Real Location Address: SANTA CLARA RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: JACKSON CLIFTON M&MAMIE E Owner ID: 16272 Mailing Address: 2833 VALENCIA LN %Ownership: 100.0000000000% SCHERTZ,TX 78154 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $34,779 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $34,779 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $34,779 (—)HS Cap: — $0 (_)Assessed Value: _ $34,779 Taxing Jurisdiction Owner: JACKSON CLIFTON M&MAMIE E %Ownership: 100.0000000000% Total Value: $34,779 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $34,779 $34,779 $0.00 GCO GUADALUPE COUNTY 0.344900 $34,779 $34,779 $119.95 LTR LATERAL ROAD 0.055000 $34,779 $34,779 $19.13 MAS MARION ISD 1.310000 $34,779 $34,779 $455.60 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $594.68 Taxes w/o Exemptions: $594.69 Improvement I Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=129083 10/28/2010 V UGII/LLl U11V VL7L _ 1 1V�1\+l l�' Lll.(.I.1lJ 1 u�.v f. vl v Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 2.0000 87120.00 0.00 0.00 $34,779 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $34,779 0 34,779 $0 $34,779 2009 $0 $34,779 0 34,779 $0 $34,779 2008 $0 $34,779 0 34,779 $0 $34,779 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/16/2006 12:00:00 AM WD WARRANTY DEED JOHNSON BARNET JACKSON CLIFTOP 2392 886 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 10/18/2010 8:45 ®2010 True Automation, Inc.All Rights PM Reserved. 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T: http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=129083 10/28/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"). dated 1& 5 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a 1 oraerumunicipality located in Guadalupe County, Texas ("City"), and _-S�A,,)4 Sk"J ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in )Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from_the controlled_development of tlIC Property and i:s guaranteed continued extra territorial status for a certain time, Landowjer and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the s,lme manner the regulations are enforced within the City's Boundaries and atithorizin enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo 11a2e I of d TLGC§43.035 Development Agreement NOW. THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby aclalowledged by the City and the Landowner,the parties hereto agree as follows: l. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement �`'rxisting Uses), on thein res? ive properly u�i�il such property has be= annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the_,Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except t hut, regardiess of how -the area is then currently appraised for -ad valorem rax - purposes, should the Landowner or the Landowners heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area. or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Ciboio Page 2 of 4 TLGC x§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Governrnent Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Amlexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has.jurisdiction over the area, or change the existing use to a use ilOt all nereilri this provision `111011 Sa1Ci u%tl�ii 511d�1' l)C deemed a request- for, voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terniinated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the lavers of the State of Texas. 10, Assignment: Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration: Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation: of the property 'v'di.th this Agreement serving as a petition for voluntary annexation.. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page of 4 TLGC`43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Ciboio, a home rule Zunicipalify in Landowner: Guadalupe o nty, Tex By: ftw By:; , Br earson, ci o city -el' or Address: 4189 Fist 1&Q dal Anderson, Senior Planner City: Adkins ( State/Zip: Date: ` v Date: —S' 20/1) low Cite of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B low CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT appeared in person before me today and stated under oath: "My name is S&W , S!'►a,n . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at kyC! /, l LL)5C Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 144 purposes." "Farther, my property is currently being used for the following uses: Signed: �i1� `J Printed Name: CSyi/j S HR M) SIGNED under oath me on 4 Jr2010. i -- No ary Public; at of Texas A SHEILA M.EDMONDSON MY CONAMISSION EXPIRES ' June 9,2012 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63983 SHAW SHAWN & DEBORAH K for Year 2010 Property Account Property ID: 63983 Legal Description: ABS: 141 SUR: F GARCIA 10.5600 AC. Geographic ID: 2G0141-0000-01420-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SHAW SHAWN&DEBORAH K Owner ID: 69691 Mailing Address: 5989 FM 1628 %Ownership: 100.0000000000% ADKINS,TX 78101 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $64,822 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $64,822 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $64,822 (—)HS Cap: — $0 (=)Assessed Value: _ $64,822 Taxing Jurisdiction Owner: SHAW SHAWN&DEBORAH K %Ownership: 100.0000000000% Total Value: $64,822 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $64,822 $64,822 $0.00 GCO GUADALUPE COUNTY 0.344900 $64,822 $64,822 $223.58 LTR LATERAL ROAD 0.055000 $64,822 $64,822 $35.65 MAS MARION ISD 1.310000 $64,822 $64,822 $849.17 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $1,108.40 Taxes w/o Exemptions: $1,108.39 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63983 12/1/2010 Guadalupe CAD-Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 10.5600 435600.00 0.00 0.00 $64,822 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $64,822 0 64,822 $0 $64,822 2009 $0 $64,822 0 64,822 $0 $64,822 2008 $0 $64,822 0 64,822 $0 $64,822 2007 $0 $49,108 0 49,108 $0 $49,108 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/25/2002 12:00:00 AM WD WARRANTY DEED HERRERA JOYLEN SHAW SHAWN&D 1775 0290 2 6/21/1996 12:00:00 AM OT OTHER HERRERA JOYLEN 1215 0222 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 11/3/2010 8:44 ®2010 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63983 12/1/2010 CITE' OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 (`'Effective Date"), made by and between the CITY OF CIBOLO, T 'AS, a home rle,m�unnici ity located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D; Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral armexation of a property which is appraised for ad valorem tax purposes as land for agricultural ,., or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section. 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172, and WHEREAS, in recognition.of the mutual benefits to-be derived.fiom the controlled-development of the 'Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and plarming authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by "the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,. 2007. Cite of Cibolo Pa_e 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby aclu-iowledged by the City and the Landowner, the parties hereto agree as follows: l. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a pen-nit. not to include permits for uses existing on the date of this agreement (``Existing Uses' on fheir respective prul��ert.y until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Riahts. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Excepi that., regardless of how the area is t iz i cur—rently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document. master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by Cin of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govenu-nent Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner. heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not aliovutil hereunder tills provlsioi! Cheri 5ald aUioi3 slla.11 be deemed a reLluCst for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation rn is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. �. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. g. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment: Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration: Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation.. - 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. Paat 3 of 4 Cite of Cibolo TLGC§43.035 Development Agreement 'low EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Ciboio, a home rule Ir>anicipahty m Landow;ler: Guadalupe County, Texas By: D e By: Address: t10 �� el Brue 'earson, Cibolo City Manager OI onRandal Anderson.; Senior Planner City: State/Zip: TX Date: 7 > —` ��— Date: low Paav 4 of Cin of Cibolo ` TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT '\.TT"S ••�f i' —4" L ate' t nial zlr.i appeared in person before me today and stated under oath: "My name is �� qK -.. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at� om ELSt Q Said property is appraised for ad valorem tax purposes under the Texas Tax Code for pd-� urposes." "Further, my property is currently being used for the following uses:_ C, Signed: Printed Narae: 19,4 [=L P, tiTi..lei Uuli, L'elil." nie on A fA" , SHEILA M.EDMONDSON _-1 MY COMMISSION EXPIRES Notary Public.. State of Texas JUN 9,2D12 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS I_,ist of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended YOrdinance No. Description 609 Zoning Ordinance 590 Subdivision Regulations 583 Sign Ordinance 63 8 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779_. ____._ International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 . . 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations vuauzuupe rropercy lieu%is Page 1 of 2 Guadalupe CAL? Property Search Results > 63971 SCHAEFER ALWIN F &IRENE for Year 2010 Property Account Property ID: 63971 Legal Description: ABS: 141 SUR: F GARCIA 68.2110 AC. Geographic ID: 2G0141-0000-00700-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SCHAEFER ALWIN F&IRENE Owner ID: 51937 Mailing Address: 1089 BOLTON %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+}Agricultural Market Valuation: + $354,318 $10,914 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $354,318 (—)Ag or Timber Use Value Reduction: — $343,404 (=)Appraised Value: _ $10,914 (—)HS Cap: — $0 (_)Assessed Value: _ $10,914 Taxing Jurisdiction Owner: SCHAEFER ALWIN F&IRENE %Ownership: 100.0000000000% Total Value: $354,318 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $10,914 $10,914 $0.00 GCO GUADALUPE COUNTY 0.344900 $10,914 $10,914 $37.64 LTR LATERAL ROAD 0.055000 $10,914 $10,914 $6.00 MAS MARION ISD 1.310000 $10,914 $10,914 $142.97 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $186.61 Taxes w/o Exemptions: $186.62 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63971 12/1/2010 Guadalupe cAL)-Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 68.2110 2962080.00 0.00 0.00 $354,318 $10,914 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $354,318 10,914 10,914 $0 $10,914 2009 $0 $354,318 10,846 10,846 $0 $10,846 2008 $0 $354,318 10,641 10,641 $0 $10,641 2007 $0 $268,423 10,436 10,436 $0 $10,436 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 1/22/1991 12:00:00 AM OT OTHER SCHAEFER ALWIN 940 690 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 11/3/2010 8:44 ®2010 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63971 12/1/2010 BY CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated "be 2(v > 2010 ("Effective e and between the CITY OF CIBOLO, TEXAS, a home rule municipality located Date"), mad b y in Guadalupe County, Texas ("City"), and IG AP 1 ON 04 K6 AIFA,T STA- -. ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted)ia Exhibit A attached hereto and incorporated into this agreement(the"Property"); a�{ c rars_�tu 1'cltied �o rf►o n of AREA 2-0, 1 WHEREAS, Texas Local Government Code Section 43.035, requires that before unilateral jannexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas oc Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extraterritorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation-by-the-City for a period years,.-extending-the-municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document,master plan or for plat approval or a permit, not to include permits for uses existingF=perty e date of this agreement ("Existing Uses"), on their respective�operty until such has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo,said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. i 3. Municipal Re ations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by 3 the City of these regulations in the same manner the regulations are enforced within the City's boundaries. f 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government f Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive fi any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the.Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change.the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment• Binding, Effect. The parties may not assign this Agreement to any other 4 person or entity without the prior written consent of the other; provided, however,that no j— such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their,respective successors and assigns, including all future owners of the Property. 11. Duration, Expiration. This Agreement shall be in effect for eight (8) years from the date I signed by the parties. Upon the expiration of this Agreement, the Landowner and iLandowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. Iq City of Cibolo Page 3 of 4 1 TLOC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of 99olo, a home a muni pality in Landowner: jBrucear unty, as A(f�loAl OAA-< RF14L i Mf i v J �1 wp az �GeriemR Pct, By: {! ,Cibolo 't MMan or Address. 112 E. Pe cathson, Senior Planner City: Sa VI 'hN (D P State/Zip: j Date: 1 Date: i i i ! 1 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement =mom l N W�// L.L S 1 O i L=6222.5 j 31680.0 { N i fD I � J -- — --—� L-33 - Yd V IV j 00 ILO LO . ar 2i00-'O L _+■• �.� 75 .��'S:: ���, s v s64f+r0i■Qf00. i € k r hr 5iray MGktp��i139aa0, 384 v -75 �t^v''wwL7a7 v`i� rIRV "tvw fi 3 'S¢�r ar l �>�R�� _Jg v.e� l 3 r ��' '„�'�` S;.F C.`�•f r y � 5�,_` �r isr.. '1 ( if F, •at' Y k 'l�Ni ]d Z. 1 r 1 1 l 'G` Sx�. ..�< Y -f 4 s{+�' 1xrynr x i s s Y J _ L2 � v t L Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses I appeared in person before me today and stated under oath: "My name is J-ttw�.ec , �-vK;.�t I am competent to make this affidavit. I ' j The facts stated in this affidavit are within my personal knowledge and are true and correct. Ie u-eY fs¢w�'Q•�v J. Ain Ene owner of the roperty leeater�.at a s c�.&Pvte d 1 4•�t' nev+t;n �Ovt• Keg a m el 0 YKC �eew>ent"between Ci of C�bo(o ,Q VUar;o•,Dalcs 'Es�a�e L a Sar�Property' appraised for ad valorem taxurposes under the Texas Tax Code Ocluber 26�-Zo 10 for �'c ;�Y�C r.� r�Va.Q L41y"bey, purposes." E * — "Further,mY-pro esrty is currently being used for the following 1 II uses: OL y t c u.�r"u 1/ 'T� Vtn e Y i E I f „ i 1 t Ve i Signed: `3 , Printed Name: �S }j �YYt --4, SIGNED under oath before me on c , 2010. AAA,AAAAA"saAAA&"A t Pav aua BRENDA MOOS Notary Public I STATE OF TEXAS low �t My Comm.Exp.11-20-2011 Notary Public, State of Texas I 1 - Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended t *Ordinance No. Description 609 Zoning Ordinance w/amendments ! 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments I 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC F- 776 International Mechanical Code 2006 777 International Plumbing Code 2006 I 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 � 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 i .fr 797 Fireworks Regulations a 1 I i rroperty 0eta>i1s Page 1 of 2 Guadalupe CAD Property Search Results > 71046 MARION OAKS REAL ESTATE for Year 2010 Property Account Property ID: 71046 Legal Description: ABS:313 SUR: G TORRES 545.1200 AC. Geographic ID: 2G0313-0000-05700-0-00 Agent Code: ID:66720 Type: Real Location Address: 903 LOWER SEGUIN RD Mapsco: MARION,TX 78124 Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: MARION OAKS REAL ESTATE Owner ID: 58114 Mailing Address: C/O SMITH JAMES B JR %Ownership: 100.0000000000% 112 E PECAN#1800 SAN ANTONIO, TX 78205 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $1,109,222 $71,559 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $1,109,222 (—)Ag or Timber Use Value Reduction: — $1,037,663 (=)Appraised Value: _ $71,559 (—)HS Cap: _ $0 (_)Assessed Value: _ $71,559 Taxing Jurisdiction Owner: MARION OAKS REAL ESTATE %Ownership: 100.0000000000% Total Value: $1,109,222 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $71,559 $71,559 $0.00 GCO GUADALUPE COUNTY 0.344900 $71,559 $71,559 $246.81 LTR LATERAL ROAD 0.055000 $71,559 $71,559 $39.36 MAS MARION ISD 1.310000 $71,559 $71,559 $937.42 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $1,223.59 Taxes w/o Exemptions: $1,223.59 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=71046 11/2/2010 -.»«•••••-yam r1upurLyUera11S rage l of l No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 382.0000 16639920.00 0.00 0.00 2 D5G NATIVE GOOD 81.5600 3528360.00 0.00 0.00 $ , 2 $61,120 $116565,9696 3 D5A NATIVE AVG 81.5600 3528360.00 0.00 0.00 0 $5,709 $165,960 $4,730 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $1,109,222 71,559 71,559 $0 $71,559 2009 $0 $1,117,267 70,688 70,688 $0 $70,688 2008 $0 $1,117,267 68,971 68,971 $0 $68,971 2007 $0 $1,026,877 66,928 66,928 $0 $66,928 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 3/7/2006 12:00:00 AM FA FEE APPRAISAL 2 1/17/2002 12:00:00 AM OT OTHER MARION OAKS RE) 1672 0701 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated n: 10/18/2010 8:45 ®2010 True Automation, Inc.All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.Com/ClientDB/Property.aspx?cid=2&prop_id=71046 11/2/2010 11 �1j111111111/I///Hiliillijy�'y O u / N C) ?a`` O ry * z r a z '''''��y///NN/I/111111 l l j1j11j1,` "City of Choice" E:7-_ _ 4 E PUBLIC HEARING NOTIFICATION September 9, 2010 Re: Proposed Involuntary Annexation Certain Properties located adjacent to Cibolo, Guadalupe County, Texas Dear Property Owner, The City of Cibolo hereby is providing you with notice that on Tuesday, November 9, 2010 at 7:00 p.m., and on Wednesday, November 10, 2010 at 6:00 p.m., at Cibolo City Hall, 200 South Main, Cibolo, Texas, the City Council of the City of Cibolo intends to conduct public hearings to hear public testimony concerning the proposed annexation of the properties described below: 2,162.83 acres of land generally located: 1) south of F.M. 78, east of Pfannstiel Lane and Stolte Road, north of Gin Road, and adjacent to, and west of, South Santa Clara Road, and 2) along Tolle Road between Country Lane and Janoe Lane, as depicted on Exhibit A. Please contact me or Maggie Patterson, Assistant Planner, with any questions or comments by the following methods: E-Mail: randerson@cibolotx.gov or Mpqtferson@cibolotx.gov Mail: City of Cibolo PO Box 826 200 S. Main Cibolo, TX 78108 Phone: 210.658.9900 Fax: 210.658.1687 Sincerely, f " '"'�'�"RaA erson Senior Planner Proposed Annexation Map attached 200 South Main Street.PO Box 826.Cibolo.Texas . 78108.main [210] 658.9900 .fax[210] 658.1687 OF O C 01111„aaaaA%6%„ r90 , '�� �Z V r%_ O a 1 �'yW^VAaa0a#����N�j1 � C X Ate' "City of Choice" September 9, 2010 VIA: CERTIFIED MAIL Michael Roman Freisenhahn 1005 Schmoekel Road Marion,Tx 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem fax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural, wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the some manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas, 78108 main [2101 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolofx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cr►L' Randy Anderson Senior Planner City of Cibolo Enclosures r' 200 South Main Street. PO Box 826.Cibolo.Texas .78108.main [210] 658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated J..0'2, 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Pae 3 of 4 TLGC§43.035 Development Agreement g EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule muni ' a it n Landowner: Guadalupe C unty, Texas By: % By: mar wu B Pearson, Cibolo city ager or Address: ��� �Mn (I an 1 Anderson, Senior Planner City: State/Zip: Date: [n —ao t V Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses ' 1)a���1 !S �Me red in person before me today and stated under oath: "My name is_ft.� m�1anr)Lt-�) I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at IyCT-) &-1r)4)QW�_. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." "Further, my property is currently being used for the following uses: i UN Ii Signed: Printed Name: XAZI 1-7le 6e, eS C N A4 ill, SIGNED under oath before me on , 2010. ,{11111z rA N y Public, State of Texas SION EXPIRES-;ys, ' 9,2012 Guadalupe CAD - Property 1Jetaits rage i w � Guadalupe GAD Property Search Results > 63982 FRIESENHAHN MICHAEL ROMAN for Year 2010 Property Account Property ID: 63982 Legal Description: ABS: 141 SUR: F GARCIA 1.0000 AC. Geographic ID: 2G0141-0000-01410-0-00 Agent Code: Type: Real Location Address: 1005 SCHMOECKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL ROMAN Owner ID: 119137 Mailing Address: C/O MARLENE JANE FRIESENHAHN-LIFE ESTATE %Ownership: 100.0000000000% 1005 SCHMOEKEL RD MARION,TX 78124 Exemptions: HIS,OV65 Values (+)Improvement Homesite Value: + $52,674 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $8,695 (+)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $61,369 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $61,369 (—)HS Cap: — $0 (_)Assessed Value: _ $61,369 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL ROMAN %Ownership: 100.0000000000% Total Value: $61,369 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $61,369 $61,369 $0.00 DISTRICT GCO GUADALUPE 0.334500 $61,369 $46,369 $105.84 $105.84 COUNTY LTR LATERAL ROAD 0.055000 $61,369 $46,369 $14.99 $14.99 MAS MARION ISD 1.220000 $61,369 $36,369 $82.86 $82.86 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $203.69 Taxes w/o Exemptions: $987.73 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63982 9/1/2010 uuuuaiupe%-tuu -rroperLy tjetaus rage l of L Improvement/Building Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1270.0 Value: $52,674 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 6 MS 0 1270.0 CP COV PORCH MS 0 40.0 CP COV PORCH MS 0 72.0 DG DET GARAGE DGL MS 0 480.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $6,195 $0 2 LOT LOT 0.0000 0.00 1.00 0.00 $2,500 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $52,674 $8,695 0 61,369 $0 $61,369 2009 $53,171 $8,695 0 61,866 $0 $61,866 2008 $53,171 $8,695 0 61,866 $916 $60,950 2007 $50,885 $7,193 0 58,078 $2,669 $55,409 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 5/1/200912:00:00 AM GD GIFT DEED FRIESENHAHN MA FRIESENHAHN MIC 2739 0783 2 1.2:00:00 AM WD WARRANTY DEED HERRERA JOYLEN FRIESENHAHN MA 1775 0290 3 10/23/2002 12:00:00 AM 1775 0693 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63982 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations s OF C/ O r = * a * s X AS B "City of Choice" September 9,2010 VIA: CERTIFIED MAIL Michael Roman Freisenhahn 1005 Schmoekel Road Marion, Tx 78124 Re: Non-Annexation Agreement Dear Property Owner, ` he Cit of Cibolo Cit „ Y (the y") intends to annex the property referenced in Exhibit A (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate ,our acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, ;�5 Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding_Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Pae 3 of 4 TLGC§43.035 Development Agreement g EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municip ' in Landowner: Guadalupe County, Texas By: By: Bru arson, Cibolo i ager or Address: ^�k-d dal,Anderson, Senior Planner City: OWE State/Zip: T -1 12— Date: 0_ �V 0 Date: 10 a City of Cibolo Pagge 4 of 4 TLGC§43.035 Development Agreement a Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 03C,T�ea � WMeld in person before me today and stated under oath: "My name is Q���-Q P(1&-nhalram competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge-and are true and correct. I am the owner of the property located at isles C��� W u i (} 0 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for CA t lilfa purposes." "Further, my property is currently being used for the following uses: o 3-510 Signed: Printed Name: yee/eem4-1 1-��/enexl SIGNED under oath before me on 2010. SHEILA M.EDMOMSON No Public, State of Texas MY COMMISSION EXPIRES June 9,2012 T(1N Civadalupe CAD -Property 0etaits rage i or z Guadalupe CAD Property Search Results > 63510 FRIESENHAHN MICHAEL ROMAN for Year 2010 Property Account Property ID: 63510 Legal Description: ABS: 134 SUR:JOSE FLORES 45.7750 AC. Geographic ID: 2G0134-0000-10300-0-00 Agent Code: Type: Real Location Address: SCHMOECKEL RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL ROMAN Owner ID: 119137 Mailing Address: C/O MARLENE JANE FRIESENHAHN-LIFE ESTATE %Ownership: 100.0000000000% 1005 SCHMOEKEL RD MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $283,560 $7,324 (+)Timber Market Valuation: + $0 $0 (_}Market Value: _ $283,560 (—)Ag or Timber Use Value Reduction: — $276,236 (_)Appraised Value: _ $7,324 (—}HS Cap: — $0 (_)Assessed Value: _ $7,324 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL ROMAN %Ownership: 100.0000000000% Total Value: $283,560 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,324 $7,324 $0.00 GCO GUADALUPE COUNTY 0.334500 $7,324 $7,324 $24.50 LTR LATERAL ROAD 0.055000 $7,324 $7,324 $4.03 MAS MARION ISD 1.220000 $7,324 $7,324 $89.35 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $117.88 Taxes w/o Exemptions: $117.88 improvement/ Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63510 9/1/2010 Uuauuiupe t,i-t" - rropen.y veuuis rage z or l No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 45.7750 1960200.00 0.00 0.00 $283,560 $7,324 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $283,560 7,324 7,324 $0 $7,324 2009 $0 $283,560 7,278 7,278 $0 $7,278 2008 $0 $283,560 7,141 7,141 $0 $7,141 2007 $0 $214,818 7,004 7,004 $0 $7,004 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 5/1/2009 12:00:00 AM GD GIFT DEED FRIESENHAHN MA FRIESENHAHN MIC 2739 0783 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. is http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63510 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations ' S 1�„IIIN/IN/INy. _% 0 U o 71 X AS "City of Choice" September 9, 2010 VIA: CERTIFIED MAIL Michael Roman Freisenhahn 1005 Schmoekel Road Marion, Tx 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the some manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate ,,opwyour acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [2101 658.9900.fax[2101658-1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assiarnment; Binding Effect. The parties may not assign this Agreement to any other _: person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement ,001 EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municip yin Landowner:GAuadalnty, Texas Won , n��30'() '�5�� Bf: By: = ��1 ►PS�nhGtrh BCiboto city M r or Address: t�Rn, senior Planner City: � State/Zip: T)( Date: 10-00-10 Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses RbAffiLRakiY,l�ed in person before me today and stated under oath: "My name is n Y lGn-e�—r l le�I &I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at J M 3� 'V Said property is appraised for ad valorem tax purposes under the Texas Tax Code for r, purposes." "Further, my property is currently,being used for the following uses: Signed: .,r_�V1'� PrintedName: �' i'P�e� rr1r- 4jSIGNED under oath before me on , 2010. MY COMMISSION EXPIRES _ fines 2012 No ublic, t e of Texas vuaaalupe k­nu-rroperty Leraits rage i or z Guadalupe CAO Property Search Results > 63981 FRIESENHAHN MICHAEL ROMAN for Year 2010 Property Account Property ID: 63981 Legal Description: ABS: 141 SUR:F GARCIA 9.2750 AC. Geographic ID: 2G0141-0000-01400-0-00 Agent Code: Type: Real Location Address: SCHMOECKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL ROMAN Owner ID: 119137 Mailing Address: C/O MARLENE JANE FRIESENHAHN-LIFE ESTATE %Ownership: 100.0000000000% 1005 SCHMOEKEL RD MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $5,874 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $57,455 $1,484 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $63,329 (—)Ag or Timber Use Value Reduction: — $55,971 (_)Appraised Value: _ $7,358 (—)HS Cap: — $0 (_)Assessed Value: _ $7,358 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL ROMAN %Ownership: 100.0000000000% Total Value: $63,329 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,358 $7,358 $0.00 GCO GUADALUPE COUNTY 0.334500 $7,358 $7,358 $24.61 LTR LATERAL ROAD 0.055000 $7,358 $7,358 $4.05 MAS MARION ISD 1.220000 $7,358 $7,358 $89.77 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $118.43 Taxes w/o Exemptions: $118.43 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63981 9/1/2010 vuaaalupe uAij-rroperty verails rage L oz z Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $5,874 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WBD 1600.0 BARN BARN WBD 1600.0 BARN BARN PBD 300.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 9.2750 392040.00 0.00 0.00 $57,455 $1,484 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $5,874 $57,455 1,484 7,358 $0 $7,358 2009 $5,874 $57,455 1,475 7,349 $0 $7,349 2008 $5,874 $57,455 1,447 7,321 $0 $7,321 2007 $5,642 $43,527 1,419 7,061 $0 $7,061 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 5/1/2009 12:00:00 AM GD GIFT DEED FRIESENHAHN MA FRIESENHAHN MIC 2739 0783 2 10/25/2002 12:00:00 AM WD WARRANTY DEED HERRERA JOYLEN FRIESENHAHN MA 1775 0290 3 10/23/2002 12:00:00 AM AH AFFIDAVIT OF HEIRSHIP 1775 0693 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63981 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations