RES 1413 12/14/2010 O
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"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)
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AREA#2 �� •�
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C'Y LIMUS AND FTJ MAP ..w,«q•
OF THE CM OF C[BOLO——KLEIN ENGINEERING,INC.
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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
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,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.
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%-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
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PM Reserved. Privacy Notice
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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
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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
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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
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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
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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
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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
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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
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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
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"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
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"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
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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
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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