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RES 1414 12/14/2010 J 1 OF C/ V I � r II� reX As ..Circ,/of Chric< ' RESOLUTION NO. 1414 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 588.98 ACRE ANNEXATION AREA REFERRED TO AS ANNEXATION AREA 3, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON SEPTEMBER 7, 2010. PROPERTIES DESCRIBED IN ALL NON-ANNEXATION AGREEMENTS ARE LOCATED EAST OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, GENERALLY BETWEEN SCHMOEKEL ROAD AND F.M. 78, 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 523.69 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 3 east of the corporate limits of the City of Cibolo generally between Schmoekel Road and F.M. 78; 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 523.69 acres out of the 588.98 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 588.98 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 14"' day of December 2010. Jen,ifer Ha man, Mayor ATTEST: Peggy Cimics City Secretary Page 2 EXHIBIT A (Field Notes) Field Notes for a 588.98 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 588.98 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas. AREA #3 — 588.98 Acres BEGINNING: at a point on the Northwestern line of the Right-of-Way of Arizpe Road, said point being approximately 911.16' from the most Southern corner of a 73.39 Acre tract listed in the Guadalupe County Appraisal District, Account No. 66230, and POINT OF BEGINNING of herein described 588.98 Acre tract. THENCE: N 58° 29' 17" E, for a distance of 347.79' along the Northwestern Right-of-Way line of Arizpe Road to a point, N 29° 03' 13" W, for a distance of 1105.37' to a point; N 82° 04' 30" E, for a distance of 1002.62' to a point; N 61' 23' 08" E, for a distance of 164.42' to a point; S 30° 42' 32" E, for a distance of 88.95' to a point; N 59° 17' 28" E, for a distance of 1459.18' to a point; N 31° 09' 43" W, for a distance of 65.51' to a point; N 60° 19' 48" E, for a distance of 1913.22' to a point on the South Right-of-Way of Arizpe Road; Continuing along the South Right-of-Way of Arizpe Road, S 08° 52' 15"E, for a distance of 115.41' to a point; S 11° 28' 29" W, for a distance of 178.51' to a point; S 42° 09' 15" W, for a distance of 130.63' to a point; S 78° 16' 05" W, for a distance of 107.28' to a point; S 83° 42' 26" W, for a distance of 233.45' to a point; S 68° 35' 23" W, for a distance of 169.08' to a point; S 49° 23' 47" W, for a distance of 167.13' to a point; Page 3 Leaving the South Right-of-Way of Arizpe Road and continuing S 40° 27' 59" W, for a distance of 55.20' to a point; S 30° 36' 16" E, for a distance of 5496.58' to a point; N 59° 28' 53" E, for a distance of 2291.18' to a point; S 28° 41' 09" E, for a distance of 761.06' to a point; S 59° 39' 58" W, for a distance of 681.05' to a point; S 20° 05' 22" E, for a distance of 1176.29' to a point; S 29° 45' 23" E, for a distance of 764.70' to a point on the West Right- of-Way of Lower Seguin Road; Continuing along the West Right-of-Way of Lower Seguin Road, S 72° 49' 46" W, for a distance of 588.76' to a point; Leaving the West Right-of-Way of Lower Seguin Road and continuing S 30° 13' 33"E, for a distance of 3676.06' to a point; S 61° 31' 40" W, for a distance of 680.71' to a point; Continuing along a chord of which bears N 49° 58' 24" W, for a distance of 11865.32'; the curve having a radius of 26400.00', a curve length of 11967.53' and a central angle of 25° 58' 23" found West of the said chord to the POINT OF BEGINNING and containing 588.98 Acres more or less. Page 4 EXHIBIT A (Graphically) • 'i._.--.�__�_ I�� � �JN AB E MEQ p I I it ' I � • � L49� .r � .. Lam.' ..=�--•--•'..�... �' 1 P.O.B.AREA#1.' 1-72 t� r__ RD as u, AREA#3 588.98 AC. dl r \ E \ LLI � 1 L.._ R O NN�O Otn _ t t .._.._..i i� r 1 1 f t - L L11 J. - LEGEND 1 SCHMOEKEL RD. I I i CITY LIMIT'AND}-L;OAP ��— ""'"'" Of TI IL CIT}Of QF3UL0 KLEINENGINEERING.INC. o•�w—"cw.o-.F '" '- E`I 1' D/�TF:NOVFNBFA p10 u.F.raw e.ro"FwF Page 5 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS (ATTACHED) Page 6 + n CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMEN D) C ' tJ�U 1 OCT z 2010 This DEVELOPMENT AGREEMENT ("Agreement"), dated '7 20 -- Date"), made by and between the CITY OF CIBOLO, TE ,rp hMle i in Guadalupe County, Texas ("City"), and m ci i locatteded ("Landowner"); rm 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. MunicipalRegulations 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 Riizhts 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 OW EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule m lity in Landowner: Guadalupe ty, Texas B �46B Y: s Y� l Bru a arson, Cibolo City Manager or Address: v � /S R al Anderson, Senior Planner City: �_-Q State/Zip: Date: Z l Date: (0— � " IC) JAW 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 A /48 appeared in person before me today and stated under oath: "My name is C—-7't-o f 4, &h4-w.S I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. r'oSe FL-les fgi1,62oa AC, I am the owner of the property located at o ►�T TX. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Cta purposes." d -- "Further, my property is currently being used for the following uses: /mak 7 O'�'a' Z Signed: Printed Name: 4/ C SIGNED under oath before me on_ 4411 Z�t 2010. 1 LORAINE MINA Notary Public Not 7lic, State of T , as STATE OF TEXAS My Comm.Exp.03-17-14 PLO-- vuauaiupe up"Ij - rruperty lietaiis rage 1 or z- Guadalupe CAD Property Search Results > 63297 ADAMS GILFORD A for Year 2010 Property Account Property ID: 63297 Legal Description: ABS: 134 SUR:JOSE FLORES 191.0800 AC. Geographic ID: 2G0134-0000-00100-0-00 Agent Code: Type: Real Location Address: SCHMOECKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: ADAMS GILFORD A Owner ID: 49625 Mailing Address: 5409 SALISBURY DR %Ownership: 100.0000000000% EL PASO,TX 79924 Exemptions: Values (+) Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $2,246 (+) Land Homesite Value: + $0 (+) Land Non-Homesite Value: + $0 Ag J Timber Use Value (+)Agricultural Market Valuation: + $1,099,703 $25,927 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $1,101,949 (—)Ag or Timber Use Value Reduction: — $1,073,776 (_)Appraised Value: _ — $28,173 (—)HS Cap: — $0 (_)Assessed Value: _ $28,173 Taxing Jurisdiction Owner: ADAMS GILFORD A %Ownership: 100.0000000000% Total Value: $1,101,949 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $28,173 $28,173 $0.00 GCO GUADALUPE COUNTY 0.334500 $28,173 $28,173 $94.23 LTR LATERAL ROAD 0.055000 $28,173 $28,173 $15.50 MAS MARION ISD 1.220000 $28,173 $28,173 $343.71 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $453.44 Taxes w/o Exemptions: $453.44 Improvement/ Building Improvement#1: RESIDENTIAL State Code: E3 Living Area: 0.0 sgft Value: $2,246 http://propaccess-trueautOmation.Com/clientdb/Property.aspx?prop_id=63297 9/1/2010 v uauaiuyc �,rur -1 ivyci cy Lcuulz' rage L oI L Type Description Class CD Exterior Wall MH MOBILE HOME Year Built SQFT LINK BARN BARN WBD 0.0 BARN BARN WBD 800.0 Land 800.0 # Type Description Acres Sqft Eff Front Eff Depth Market Value 1 D3G TILLABLE GOOD 124.6000 5401440.00 0.00 Prod.Value 0.00 2 D1G IMPROVED GOOD 39.4800 1698840.00 0.00 0.00 $17,097 $19,936 $227 3 D5G NATIVE GOOD 20.0000 871200.00 0.00 0.00 215 $4,185 4 D5A NATIVE AVG $115,104 $1,400 7.0000 304920.00 0.00 0.00 $40,287 $406 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A 2010 $2,246 $1,099,703 25,927 28,173 N/A 2009 $2,246 $0 $28,173 $1,099,703 25,576 27,822 $0 $27,822 2008 $2,246 $1,099,703 25,116 27,362 $0 $27,362 2007 $2,246 $811,650 24,653 26,899 $0 $26,899 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee 1 9/8/199312:00:00 AM OT OTHER - - Volume Page ADAMS GILFORD F 1065 0676 Questions Please Call (830)303-3393 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.Com/clientdb/Property.aspx?prop_id=63297 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNE , DEVELOPMENT AGREEM CT By - This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE , a ho rule pa 'ty 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. Cite 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 proor for plat approval or a permit, not to include permits for uses existing on the date of this pert agreement ("Existing Uses"), on their respective property until such y has been annexed into the City and zoned pursuant to all applicable laws of the State rt 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 TLGC§43.035 Development Agreement Page 2 of 4 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; Bindi ig 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; Ex iration. 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 TLGC§43.035 Development Agreement Page 3 of 4 EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule muni lity in Landowner: Guadalupe unty, Texas BY: By: v �4 � BriK Pearson, Cibolo City Manager or Address: S � Ste, Randal Anderson, Senior Planner City: State/Zip: T., '7 Date: C Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD- Property 1Jetails rage i or� Guadalupe CAD Property Search Results > 61822 ADAMS GILFORD A for Year 2010 Property Account Property ID: 61822 Legal Description: ABS:90 SUR:J N CORTINAS 19.0000 AC. Geographic ID: 2GO090-0000-00100-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: ADAMS GILFORD A Owner ID: 49625 Mailing Address: 5409 SALISBURY DR %Ownership: 100.0000000000% EL PASO,TX 79924 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: + $109,349 $2,410 (+j Timber Market Valuation: + $0 $0 (_)Market Value: _ $109,349 (—)Ag or Timber Use Value Reduction: — $106,939 (_)Appraised Value: _ $2,410 (—)HS Cap: — $0 (_)Assessed Value: _ $2,410 Taxing Jurisdiction Owner: ADAMS GILFORD A %Ownership: 100.0000000000% Total Value: $109,349 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $2,410 $2,410 $0.00 GCO GUADALUPE COUNTY 0.334500 $2,410 $2,410 $8.06 LTR LATERAL ROAD 0.055000 $2,410 $2,410 $1.33 MAS MARION ISD 1.220000 $2,410 $2,410 $29.40 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $38.79 Taxes w/o Exemptions: $38.79 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61822 9/8/2010 V uu4uluyV Vl1ti - 11LIP-ty lIG Law, Page 2 of 2 4011- Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 12.0000 522720.00 0.00 0.00 2 D5G NATIVE GOOD 7.0000 304920.00 0.00 0.00 $69,062 $$490 $40,287 $490 Roll Value History Year Improvements Land Market Ag Valuation Appraised PPraised HS Cap Assessed N/A N/A N/A N/A N/A N/A 2010 $0 $109,349 2,410 2,410 2009 $0 $0 $2,410 $109,349 2,363 2,363 $0 $2,363 2008 $0 $109,349 2007 2,285 2,285 $0 $2,285 $0 $80,707 2,200 2,200 $0 $2,200 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/8/1993 12:00:00 AM OT OTHER ADAMS GILFORD E 1065 0676 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:9/6/2010 8:43 ®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?prop_id=61822 9/8/2010 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses AAJP - appeared in person before me today an /� ,q � �(p y d stated under oath: "My name is 6�-t 1 f e J- A c i`S� -S . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 9° 1�"-0111-PN CDP--&t� 5 I9.oa© AC I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for c purposes." "Further, my ,property is currently being used for the following uses: Signed: Aca tl Printed Name: (;/ I ' lo, i SIGNED under oath before me on �! L� 52010. LORAINE MINA NftN Pubk �'► STATE OF TEXAS of ubli State of eras MY comm.Ems.03-17-14 � , -7 air 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 opk 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION �.. DEVELOPMENT AGREEMEN a LL LF) L By - This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective v Date"), made by and between the CITY OF CIBOLO, T AS, a h rul In ty located- in Guadalupe County, Texas ("City"), and r ("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 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 manic' 1 n Landowner: Guadalupe Co ty, Texas By: By: � �� Aj � B e Pearson, Cibolo City Manager or Address: u' !L R Anderson, Senior Planner City: State/Zip: 7 �! � - Date: Date: � City of Cibolo TLGC§43.035 Development Agreement Page 4 of 4 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses (— A° �-* eared in person before me today and stated under oath: "My name is �?(- 'o tA— Q. AjAw 5 . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 14.35=�y 1 Sun: F G��t G c A 10. 0 oe0 A(2— I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for /ti,Cukt j - purposes." "Further, my property is currently being used for the following uses: (2 / && '� Signed:. Name: 2 1�t S SIGNED under oath before me on(-A, (00 ' 010 � 1 C aoo4oc„ X LORAINEZAWA �, �. ..� Naary PNotary ubhc, State of Texas STATE OF My Comm.Ems.03-17.14 , ray/)LO 1Pal Uuadalupe CAD -Yroperty Details rage I Ui � Guadaiupe DAD Property Search Results > 63961 ADAMS GILFORD A for Year 2010 Property Account Property ID: 63961 Legal Description: ABS: 141 SUR: F GARCIA 10.0000 AC. Geographic ID: 2G0141-0000-00100-0-00 Agent Code: Type: Real Location Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: ADAMS GILFORD A Owner ID: 49625 Mailing Address: 5409 SALISBURY DR %Ownership: 100.0000000000% EL PASO,TX 79924 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: + $50,045 $1,600 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $50,045 (—)Ag or Timber Use Value Reduction:— $48,445 (_)Appraised Value: _ $1,600 (—) HS Cap: — $0 (_)Assessed Value: _ $1,600 Taxing Jurisdiction Owner: ADAMS GILFORD A %Ownership: 100.0000000000% Total Value: $50,045 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,600 $1,600 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,600 $1,600 $5.35 LTR LATERAL ROAD 0.055000 $1,600 $1,600 $0.88 MAS MARION ISD 1.220000 $1,600 $1,600 $19.52 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $25.75 Taxes w/o Exemptions: $25.75 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63961 9/1/2010 v ++'�+++.+2.+v va a✓ i a V�IVL ., LV{,µLLJ rage z. of z Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 10.0000 435600.00 0.00 0.00 $50,045 $1,600 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 $50,045 1,600 1,600 $0 $1,600 2009 $0 $50,045 1,590 1,590 $0 $1,590 2008 $0 $50,045 1,560 1,560 $0 $1,560 2007 $0 $36,937 1,530 1,530 $0 $1,530 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/8/1993 12:00:00 AM OT OTHER ADAMS GILFORD F 1065 0676 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63961 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION _ DEVELOPMENT AGREEMEN � J OCT I 9 2010 This DEVELOPMENT AGREEMENT ("Agreement"), dated /D By ----- Date"), made by and between the CITY OF CIBOLO, TE W, a 40le mun' 1p 'ty 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 Page 3 of 4 TLGC§43.035 Development Agreement j, EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule munici lity in Landowner: Guadalu unty, Texas By: OB t ce Pearson, Cibolo t Manager or Address: �oq dal Anderson, Senior Planner City: 'C-O-c State/Zip: x '67 c(c'(� Date: 0112 �6 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 LT f 4, AJ appeared in person before me today and stated under oath: "My name is 6 ( i f-o zA A, U 44,16 . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. /a13 16a s wdL6,/'1 Ac. I am the owner of the property located ataa� Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Qpurposes." "Further, my property is currently being used for the following uses: U Signed: Printed Name: Aj a,, ' SIGNED under oath before me on l / , 2010. 7�7. � V i OF [e �,h,c T� N �61ic, State of T as •X1 ' , l Nita, %-j uauaiuy�, %-rum - i i vy%.1 ty L,ajao i aft i vi Guadalupe CAD Property Search Results > 61100 ADAMS GILFORD A for Year 2010 Property Account Property ID: 61100 Legal Description: ABS:71 SUR:WILLIAM BRACKEN 46.1700 AC. Geographic ID: 2G0071-0000-00200-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: ADAMS GILFORD A Owner ID: 49625 Mailing Address: 5409 SALISBURY DR %Ownership: 100.0000000000% EL PASO,TX 79924 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 ell, (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $265,718 $5,317 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $265,718 (—)Ag or Timber Use Value Reduction: — $260,401 (_)Appraised Value: _ $5,317 (—)HS Cap: — $0 (_)Assessed Value: _ $5,317 Taxing Jurisdiction Owner: ADAMS GILFORD A %Ownership: 100.0000000000% Total Value: $265,718 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $5,317 $5,317 $0.00 GCO GUADALUPE COUNTY 0.334500 $5,317 $5,317 $17.79 LTR LATERAL ROAD 0.055000 $5,317 $5,317 $2.92 MAS MARION ISD 1.220000 $5,317 $5,317 $64.86 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $85.57 Taxes w/o Exemptions: $85.58 Improvement/ Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61100 9/1/2010 rage of L Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 23.1700 1001880.00 0.00 0.00 $133,348 2 D5G NATIVE GOOD 23.0000 1001880.00 0.00 0.00 $3 707 $132,370 $1,610 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 $265,718 5,317 5,317 $0 $5,317 2009 $0 $265,718 5,179 5,179 $0 $5,179 2008 $0 $265,718 4,972 4,972 $0 $4,972 2007 $0 $196,116 4,741 4,741 $0 $4,741 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/8/1993 12:00:00 AM OT OTHER ADAMS GILFORD f 1065 0676 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 Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61100 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 nJ r CITE' OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEX S, a h e rule m ic' alit located in Guadalupe County, Texas ("City"). andp y 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.dev-elopment 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 :•egulations 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. Cin of Cibolo TLGC§43.035 Development Agreement Page I of 4 NOVd, 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 icspective property unit such property has ween 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 a7,-id that it shall not annex the Property for the duration of this agreement. Except That, 'regardless of how the ar:,a -is then currently appraised for ad,-valorern 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 Cite of Cibolo Pane 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Goverlunent 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 ilei ahoweu here antler this pro,i6ion tllGll saicl acboh shall be acemtu a request dor 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 terrinnated 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 pr; �erty 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. Cin 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. C,ity of Cit;olo, a homc rule Manic ali?Y ,, n Landowner: Guadalupe C, ty, Texas r By: L Bl'u� eaTSOn, Cibolo Ci, anagen Or Address: 31 U� �� R dal Anderson, Senior Planner 0 'T City: State/Zip: Date: .�S C-) Date: �5-- �C) C,t\ of Cibolo Pane 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITE' OF CIBOL,O NON ANNEXATION DEVELOPMENT AGREEMENT t 7 TZ, ,S L: '�i. i G�✓: _"+�_l u_3c.l.:a:_i,:i,G�.,.�.. a.:tt� visit �•l1. ' Z� -.,S appeared in person before me today and stated under oath: "My name is�u2u- e��J:5� . 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 l for purposes." "Further, my property is currently being used for the following uses: --� t PAMELA TRACEY FOSTER Signed: Notary Public,State of Texas ,. My Commission Expires July 0e, 2014 PrintedName: SIGNED under oath beI-bre me on f/ Notary, c,. Statof Texas 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 590 Subdivision Regulations 583 Sign Ordinance 638 Landscape and Tree Preservation 05 NEPA70 T.TEC 775 20 776 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 Tnternational Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations 'Guadalupe CAD -Property Details Page l of 2 Guadalupe CAD Property Search Results > 61868 SCHMOEKEL BARBARA ANN for Year 2010 Property Account Property ID: 61868 Legal Description: ABS:90 SUR: J N CORTINAS 63.6500 AC. Geographic ID: 2G0090-0000-02500-0-00 Agent Code: Type: Real :Location :Address: 3106 LOWER SEGUIN RD Mapsco: I MARION,TX 78124 ,Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL BARBARA ANN Owner ID: 50246 Mailing Address: 4726 DIET RICH RD %Ownership: 100.0000000000% SAN ANTONIO,TX 78219 Exemptions: Values (�)Improvement Homesite Value: + $0 (+)improvement Non-Homesite Value: + $3,834 +)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value +)Agricultural Market Valuation: + $382,754 $10,126 (�)Timber Market Valuation: + $0 $0 -------------- ----- (_)Market Value: _ $386,588 (-)Ag or Timber Use Value Reduction: — $372,628 ----------------------- (_)Appraised Value: _ $13,960 H HS Cap: _ $0 (:=)Assessed Value: _ $13,960 Taxing Jurisdiction r Owner: SCHMOEKEL BARBARA ANN %Ownership: 100.0000000000% Total Value: $386,588 Ihintity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT0.000000 $13,960 $13,960 $0.00 GCO GUADALUPE COUNTY 0.334500 $13,960 $13,960 $46.69 LTR LATERAL ROAD 0.055000 $13,960 $13,960 $7.66 VIAS MARION ISD 1.220000 $13,960 $13,960 $170.31 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $224.68 i Taxes w/o Exemptions: $224.69 Improvement/ Building http://i)ropaccess.trueautomation.con/ClientDB/Property.aspx?cid=2&prop_id=61868 5/25/2010 Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $3,834 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WBD 900.0 BARN BARN WBD 900.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD` 63.0000 2744280.00 0.00 0.00 $378,845 $10,080 2 D5G NATIVE GOOD 0.6500 0.00 0.00 0.00 $3,909 $46 R611 Value History 'Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $3,834 $382,754 10,126 13,960 $0 $13,960 12009 $3,834 $382,754 10,059 13,893 $0 $13,893 2008 $3,834 $382,754 9,866 13,700 $0 $13,700 2007 $3,664 $289,964 9,673 13,337 $0 $13,337 2006 $3,664 $187,074 9,735 13,399 $0 $13,399 Deed History -(Last 3 Deed Transactions) # Deed Date 'Type Description Grantor Grantee Volume Page 1 9/5/2001 12:00:00 AM OT OTHER SCHMOEKEL BARE WILL Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 5/3/2010 8:47 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy N,,tice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. s http:i/propaccess.trueautorr:ation.com/ClientDB/Property.aspx?cid=2&prop_id=61868 5/25/2010 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAO Property Search Results > 61869 SCHMOEKEL BARBARA ANN for Year 2010 Property Account Property ID: 61869 Legal Description: ABS: 90 SUR:J N CORTINAS 1.0000 AC. Geographic ID: 2GO090-0000-02510-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL BARBARA ANN Owner ID: 50246 Mailing Address: 4726 DIETRICH RD %Ownership: 100.0000000000% SAN ANTONIO,TX 78219 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $27,050 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $34,235 Ag I Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: $61,285 (—)Ag or Timber Use Value Reduction: — $0 (=)Appraised Value: $61,285 (—)HS Cap: — $0 (_)Assessed Value: _ $61,285 Taxing Jurisdiction Owner: SCHMOEKEL BARBARA ANN %Ownership: 100.0000000000% Total Value: $61,285 Entity Description Tax Rate A praised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $61,285 $61,285 $0.00 GCO GUADALUPE COUNTY 0.334500 $61,285 $61,285 $204.99 LTR LATERAL ROAD 0.055000 $61,285 $61,285 $33.71 MAS MARION ISD 1.220000 $61,285 $61,285 $747.68 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $986.38 Taxes w/o Exemptions: $986.38 improvement/Building - gement#1: RESIDENTIAL State Code: E1 Living Area: 1064.0 Value: $27,050 -,.trueautomation.com/Clien B/Property.aspx?cid=2&.prop_id=61869 5/2-5/2010 Guadalupe CAD -Property YDetails Page of 2 sgft Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 WS 1919 1064.0 SP SCN PORCH WS 2000 70.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $24,235 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 3 UTIL UTILITY 0.0000 0.00 0.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Appraised HS Cap Assessed 2010 $27,050 $34,235 0 61,285 $0 $61,285' 2009 $27,890 $34,235 0 -62,125 $0 $62,125 2008 $27,890 $34,235 0 62,125 $0 $62,125 2007 $27,342 $28,360 0 55,702 $0 $55,702 2006 $26,040 $21,845 0 47,885 $0 $47,885 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/5/2001 12:00:00 AM OT OTHER SCHMOEKEL BARE WILL Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61869 5,/.',-'5/2010 Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 61869 SCHMOEKEL BARBARA ANN for Year 2010 F Property Details i' ------ -- ---- ---__. . Account Property ID:.....-_61869 - j Geo.ID: 2GOD90-0000- i 02510.0-DO - Type: Real I Legal ABS:90 SUR:J Description: N CORTINAS 1.0000 AC. -- - i (Location iAddress: LOWER 81bo9 - - SEGUIN RD I Neighborhood: - I Mapsa: - �Jurisdictions: CAD Owner _ .Name: _.... SCHMOEKEL - I BARBARA ANN Address: 4726 DIETRICH RD SAN ANTONIO, TX 78219 ,' 6,18fl9 Properly---- j Appraised Value:$61.285 Map Layers i'!t Radius Search _ I rower Se9�nf+� - - i 61822 51848 Si849 b1547 Website version:1.2.2.0 Database last updated on:5/8/2010 8:47 PM ®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/Map/Map.aspx?cid=2P�.,prop_id=61869&year=2010... 5/25/2010 Guadalupe CAD-Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 61866 SCHMOEKEL LEROY P for Year 2010 Property Account Property ID: 61866 Legal Description: ABS:90 SUR:J N CORTINAS 62.15 AC. Geographic ID: 2G0090-0000-02400-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID: 0-6 Neighborhood CD: Owner Name: SCHMOEKEL LEROY P Owner ID: 49642 Mailing Address: 2818 LOWER SEGUIN RD %Ownership: 100.0000000000% MARION,TX 78124-4007 Exemptions: Values {+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $500 40W (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag 1 Timber Use Value (+)Agricultural Market Valuation: + $374,585 $9,854 {+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $375,085 (—)Ag or Timber Use Value Reduction: — $364,731 (_)Appraised Value: _ $10,354 (—)HS Cap: — $0 (_)Assessed Value: _ $10,354 Taxing Jurisdiction Owner. SCHMOEKEL LEROY P %Ownership: 100.0000000000% Total Value: $375,085 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $10,354 $10,354 $0.00 GCO GUADALUPE COUNTY 0.344900 $10,354 $10,354 $35.71 LTR LATERAL ROAD 0.055000 $10,354 $10,354 $5.69 MAS MARION ISD 1.31 0000 $10,354 $10,354 $135.64 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $177.04 Taxes w/o Exemptions: $177.04 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61866 11/10/2010 r 3 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated '7—,7 '/-- , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS a homrule municipality located in Guadalupe County, Texas ("City"), and o S L � ("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 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. 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'pality in Landowner: Guadalupe County, Texas By; Vdal By:earson, CiboloCianagen or Address: �� S'�oAnderson, Senior Planner �n City: 1"1Rrr oN, State/Zip: `TX e Date: / 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 as S \appeared in person before me today and stated under oath: "M is y name I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and corre t. I am the owner of the property located at (p(too (470S— Said 470S— 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: r C22 A Signed: Printed Name: SIGNED under oath before me on Se*m be r c , 2010 , 2010. aau'ny PAMELA TRACEY FOSTER _'. Notary Public, State of Texas w � ` Expires My Commission ii6;Yaa� July Od, 2014 Notary Public, State of Te 1 agv 1 Vl L Guadalupe CAD Property Search Results > 69705 STOLTE CLAYTON L for Year 2010 Property Account Property ID: 69705 Legal Description: ABS:272 SUR:J M ROSA 5.0900 AC. Geographic 1D: 2GO272-0000-03100-0-00 Agent Code: Type: Real Location Address: ARIZPE RD Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: STOLTE CLAYTON L Owner ID: 50250 Mailing Address: 362 STOLTE RD %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: + $26,694 $331 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $26,694 (—)Ag or Timber Use Value Reduction: — $26,363 (_)Appraised Value: _ $331 (—)HS Cap: _ $0 (_)Assessed Value: _ $331 Taxing Jurisdiction Owner: STOLTE CLAYTON L %Ownership: 100.0000000000% Total Value: $26,694 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $331 $331 $0.00 _.. GCO GUADALUPE COUNTY 0.334500 $331 $331 $1.11 LTR LATERAL ROAD 0.055000 $331 $331 $0.18 SCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $331 $331 $4.70 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $5.99 Taxes w/o Exemptions: $5.99 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69705 9/8/2010 vuaaampe uKu-rropeny Leuuis rage,z or Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D5A NATIVE AVG 3.0000 130680.00 0.00 0.00 $15,733 2 D5A NATIVE AVG 2.0900 87120.00 0.00 $210 0.00 $10,961 $121 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 $26,694 331 331 $0 $331 2009 $0 $26,694 314 314 $0 $314 2008 $0 $26,694 294 294 $0 $294 2007 $0 $20,223 265 265 $0 $265 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/23/1993 12:00:00 AM OT OTHER STOLTE CLAYTON 1059 0958 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on: 9/6/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69705 9/8/2010 Guadalupe CAL) - Property Details Pagel of 2 Guadalupe CAD Property Search Results > 66496 STOLTE CLAYTON L for Year 2010 Property Account Property ID: 66496 Legal Description: ABS:210 SUR:JERONIMO LEAL 15.0000 AC. Geographic ID: 2G0210-0000-13800-0-00 Agent Code: Type: Real Location Address: ARIZPE RD Mapsco: TX Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: STOLTE CLAYTON L Owner ID: 50250 Mailing Address: 362 STOLTE RD %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: + $78,665 $1,890 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $78,665 (—)Ag or Timber Use Value Reduction: — $76,775 (_)Appraised Value: _ $1,890 (—)HS Cap: — $0 (_)Assessed Value: _ $1,890 Taxing Jurisdiction Owner: STOLTE CLAYTON L %Ownership: 100.0000000000% Total Value: $78,665 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,890 $1,890 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,890 $1,890 $6.33 LTR LATERAL ROAD 0.055000 $1,890 $1,890 $1.04 SCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $1,890 $1,890 $26.84 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $34.21 Taxes w/o Exemptions: $34.20 improvement/Building No improvements exist for this property. http://propaccess.trueautomation.Com/clientdb/Property.aspx?prop_id=66496 9/8/2010 lI auampe I.EiU -r"1'uperLy 1Jeta11J rage L w L Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 10.0000 435600.00 0.00 0.00 $52,443 $1,600 2 D5A NATIVE AVG 5.0000 217800.00 0.00 0.00 $26,222 $290 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 $78,665 1,890 1,890 $0 $1,890 2009 $0 $78,665 1,875 1,875 $0 $1,875 2008 $0 $78,665 1,840 1,840 $0 $1,840 2007 $0 $59,595 1,790 1,790 $0 $1,790 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/23/1993 12:00:00 AM OT OTHER STOLTE CLAYTON 1059 0958 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/6/2010 8:43 C 2010 True Automation, Inc.All Rights PM Reserved.Privacy Notice This site only supports Intemet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=66496 9/8/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits • *as they exist or may be amended *Ordinance No. Description . 609 Zoning Ordinance w/amendments • 590 Subdivision Regulations w/amendments 583 ' Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEZM ia CI 8 2010 This DEVELOPMENT AGREEMENT ("Agreement"), dated Date"), made by and between the CITY OF CIBOLO, TE AS, a home rule ality 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. Cite 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. Munici ap 1 Reaulations. 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 Paee 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 manic' ity in Landowner: Guadalupe County, Texas By:,,. By: /a tinS , B ce Pearson, Cibolo Ct anager or Address: C3 0­2 jJam)n andal Anderson, Senior Planner f City: State/Zip: 'W -7*'W/0>? Date: /0/02 Y//&) 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 .Ouc�.. ek n J`appeared in person before me today and stated under oath: "My name i1�'f1 .�-i5 � t. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and co ect. \ at7'7 S I am the owner of the property located at i LP Said property is appraised for ad valorem tax purpol6 n under the e as TaxJCode for co" 1 urposes." "Further, my property is currently being used for the following uses: ate-, �—\ C,—) Signed: Printed Name: e L Ax A l' SIGNED under oath before me on p DC47XCr 2010 Notary PAMELA TRACEY P081E8 Notary Public, State of T6909 My Commission EX046 %•',N4,:;N�r July 08, 2014 Guadalupe CAD-Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 61862 PFANNSTIEL GLADYS for Year 2010 Property Account Property ID: 61862 Legal Description: ABS:90 SUR:J N CORTINAS 11.7500 AC, Geographic ID: 2G0090-0000-02100-0-00 Agent Code: Type: Real Location Address: PFANNSTIEL LN Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: PFANNSTIEL GLADYS Owner ID: 106088 Mailing Address: 2075 PFANNSTIEL %Ownership: 100.0000000000% CIBOLO,TX 78108 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: + $42,338 $682 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $42,338 (—)Ag or Timber Use Value Reduction: — $41,656 (_)Appraised Value: _ $682 (—)HS Cap: — $0 (_)Assessed Value: _ $682 Taxing Jurisdiction Owner: PFANNSTIEL GLADYS %Ownership: 100.0000000000% Total Value: $42,338 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $682 $682 $0.00 GCO GUADALUPE COUNTY 0.334500 $682 $682 $2.28 LTR LATERAL ROAD 0.055000 $682 $682 $0.38 MAS MARION ISD 1.220000 $682 $682 $8.32 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $10.98 Taxes w/o Exemptions: $10.98 Improvement I Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61862 9/8/2010 kjuaaalupe LKu - rroperry ijetmts rage of Land # Type Description Acres Sqft Elf Front Eff Depth Market Value Prod.Value 1 D5A NATIVE AVG 11.7500 479160.00 0.00 0.00 $42,338 $682 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 $42,338 682 682 $0 $682 2009 $0 $42,338 670 670 $0 $670 2008 $0 $42,338 658 658 $0 $658 2007 $0 $43,400 611 611 $0 $611 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/18/2007 12:00:00 AM URW UNRECORDED WILL PFANNSTIEL ROMs PFANNSTIEL GLAC 2 OT OTHER PFANNSTIEL ROMA 498 25 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:9/6/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61862 9/8/2010 Uuacialupe LA.V - rroperry lieraiis rage i or z- Guadalupe CAD Property Search Results > 61858 PFANNSTIEL GLADYS for Year 2010 Property Account Property ID: 61858 Legal Description: ABS:90 SUR:J N CORTINAS 15.5000 AC. Geographic ID: 2G0090-0000-01930-0-00 Agent Code: Type: Real Location Address: PFANNSTIEL LN Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: PFANNSTIEL GLADYS Owner ID: 106088 Mailing Address: 2075 PFANNSTIEL %Ownership: 100.0000000000% CIBOLO,TX 78108 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: + $55,850 $2,102 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $55,850 (—)Ag or Timber Use Value Reduction:— $53,748 (_)Appraised Value: _ $2,102 (—)HS Cap: _ $0 (_}Assessed Value: _ $2,102 Taxing Jurisdiction Owner: PFANNSTIEL GLADYS %Ownership: 100.0000000000% Total Value: $55,850 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $2,102 $2,102 $0.00 GCO GUADALUPE COUNTY 0.334500 $2,102 $2,102 $7.03 LTR LATERAL ROAD 0.055000 $2,102 $2,102 $1.16 MAS MARION ISD 1.220000 $2,102 $2,102 $25.64 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $33.83 Taxes w/o Exemptions: $33.83 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61858 9/8/2010 luaaa>iupe rroperty Letaiis rage or 1 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 8.5000 348480.00 0.00 0.00 $30,627 2 D1G IMPROVED GOOD 7.0000 304920.00 0.00 0.00 $1,360 $25,223 $742 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap p Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $55,850 2,102 2,102 $0 $2,102 2009 $0 $55,850 2,073 2,073 $0 $2,073 2008 $0 $55,850 2,054 2,054 $0 $2,054 2007 $0 $57,252 2,043 2,043 $0 $2,043 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/18/2007 12:00:00 AM URW UNRECORDED WILL PFANNSTIEL ROMj PFANNSTIEL GLAC 2 OT OTHER PFANNSTIEL ROM, 514 876 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/6/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=61858 9/8/2010