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RES 1427 06/14/2011 F C/4so V r 0 x �S "City cif Choice" RESOLUTION NO. 14?7 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 420.73 ANNEXATION AREA AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON MARCH 22, 2011. PROPERTIES DESCRIBED IN ALL NON-ANNEXATION AGREEMENTS ARE EAST OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, GENERALLY ALONG EACH SIDE OF INTERSTATE HIGHWAY 10 BETWEEN SANTA CLARA CREEK AND AREA JUST EAST OF COUNTY ROADS 465/415, 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 January 25, 2011, authorized the annexation of acreage in its Extraterritorial Jurisdiction located in an area adjoining the existing City of Cibolo, Texas corporate boundary in the area described herein; 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 ten(10) Non-Annexation Agreements for properties from of the annexation area authorized by the City Council of the City of Cibolo, Texas on March 22, 2011. 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 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 June 14, 2011. PASSED AND APPROVED this, the 10 day of June 2011. Jennifer man, Mayor ATTEST: Peggy Cimics, City Secretary Page 2 EXHIBIT A (Field Notes) ANNEXATION AREA METES & BOUNDS DESCRIPTION Field Dates for 420.73 Acrd of land,of which 100,00 Acres is to be a mexcd into the City of Cibolo, Guadalupe County, Texas; said 420.73 Acres of land is adjwzd andlor surrounded by the existing City Limits or ETl of the City of Gibolo, Guadalupe County, Texas. Page 3 BEGINNING. at a paint at the Northwestern corner of a 274.92 Acre tract listed in the Guadalupe County Appraisal District,Account No.65890 and an the North Right-of-Way of Center Strict, and is the POINT O DEG1NN]NG of herein described 420.73 Acre tract. THENCE: N 58'°40'02"E, for a:distance of 2753.50'to a point; N 59°36'57"E,for a distance of 366-94'to a point; Continuing along a chord of which bears S 25' 28' 01" E, for a distance of 827.11 the curve having a radius of 42240.00',a curve length of 827.12'and a central angle of 1°07'19"to po tt, Continuing along a chard of which bears S 23' 28' 19" E. for a distance of 253.80';the curve having a radius of 1056t>,00',a curve length of 257.80'atnd a central angle of 1"23' 56"to poi S 23° 24' 15" E, for a distance of 1719.67' to a point on the Right-of-Way of 1H 10 West; Crossing IH 10 to the Right-of-Way of lH 10 East,5 2r 19141"E, for distance of 345.75'to a point; Continuing along the Right-of-Way 1H 10 East,S 730 28'57"W,for a distance of 2701.68'to a point at the intersection of Center Street North Right-of-Way; Crossing Center Street and continuing S 43° 33' l6" W, for a distance of 323.56'to a point; S 34°27' 18"E,for a distance of 217.10'to a point; S 60°13'59"W,for distance of 192.69'to a point; 1 01611611 Page 4 S 60P 13'59"W,for a distance of 1353.85'to a point; S 29*58'21"F.for a distance of 573.94'to a point; S 60*01'39"W,for a distance of 121.1.54'to a point; Continuing along a chord of which bears N 14* 52" 11" W, for a distance of 1372,45';the curve having a radius of 5280.00,a curve length of 1376.36'and a central angle of 14'56'07"to point; N 230 24' 15" W, far a distance of 134.48' to a point on the Right- of-Way of 11110 East; Crossing IH 10 to the Right-of-Way 1H 10 West N 23*24' 15"141, for a distance of 324.86'to a point; N 23"24' 15"W,for a distance of 1342.92'to a point; Continuing along a chord of which bears N 23* 101 591 W, for a distance of 123,86 ; the curve having a radius of 5280.00', a curve length of 123.86'and a central angle of I*20'39"to point; Continuing along a chord of which bears N 25' 26' 29" W, for a distance of 613.58';the curve having a radius of 36960.W. a curve length of 613.59'and a central angle of 0*57'04"to point; N 570 08' 13"E.for a distance of 78.70'to a point; S 890 09'43"W,for a distance of 86.28'to a point; Continuing along a chord of which bears N 26* 36' 27" W. for a distance of 798.68 ; The curve having a radius of 36960.00',a curve length of 798.69'and a central angle of V 14' 17"to paint; N 580 52' 26"F, for a distance of 1969.27' to a point on the South Right-of-Way of Center Street, Crossing Center Street to the North Right-of-Way,N 58' 52'26"E, for a distance of 87.03'to a point; Continuing along the North Right-of-Way of Center Street, S 310 07'54"E,for a distance of 274.97'to a point; S 27°07'46"E.for a distance of 192.31'to a point. 060611 Page 5 S 31° 30' 20" L, for a distance of 778.56' to the PC1w {JF BEGINNING and containing 420.73 Acres more or less. The aartnexed area is to include 420.73 Acres as described above lass the following parcels: Guadalupe County Appraisal District Account No.65590 Espinoza Delgado Jose L&Jose L E Amezcua (169.06 Ac.out of 274.9200 Ac.) Guadalupe County Appraisal District Account No.70990 Murphey Joann F&Claudette dune Turk (37.4220 Ac.out of 131.910OAc.) Guadalupe County Appraisal District Account No. 71Or0 Weber.Delvin C.(8.9500 At.out of 25.020 Ac.) Guadalupe County Appraisal District Account No.71069 Weiser,Sidney F.(27.7940 Ac.) Guadalupe County Appraisal District Account No.70943 Jordan,Joseph P&Johnnie K(13.0600 Ac.) Guadalupe County Appraisal District,Account No.71074 Atsinger Family Trust Etal.(19.5400 Ac.out of 50.0000 Ac) Guadalupe County Appraisal District Account No.70992 Davison,Gay(9.7920 Ac.) Guadalupe County Appraisal District Account Nm 70991 Davison,Gay(1.0100 Ac) Guadalupe County Appraisal District Account No.70993 Davison,Gay(.5700 Ac.) Guadalupe County Appraisal District Account No.70946 Santos,Luis Arturo(4.2560 Ac.) Guadalupe County Appraisal District Account No.70945 Sante Luis Arturo(0.74411 Ac.) Cuaudalupe County Appraisal District Account No.70944 Milian,Ariel(5.0000 Ac.) Guadalupe County Appraisal District Account No.70948 Speer,Gary(11.0000 Ac.) 3 060611 Page 6 Guadalupe County Appraisal District Account No. 128087 StcW Alona(1.0000 Ac.) (Guadalupe County Appraisal District Account No. 70947 Stefick,Altana(11.5420 Ac.) for a total area to be amexed: 100.00 Acres. �r 44,.+wrsw4x 9 RVI)OLN F. i,141 lel 796 b � I Page 7 EXHIBIT A (Graphically) AREA#I TOTAL ACRES-430.71 ..�/ TOTAL ACRES BEING ANNFXED-100.00 — P.O.B. j—- -- --{ i w Ll i._. i 3 LEctrm ANNEX MAP JUNE K 2DU E IF IU.EINIX v \CEERI\G _._.. prYei/ I I G ra.warF xC. 6 .. Page 8 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS (ATTACHED) Page 9 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated '�, Date"), made by and between the CITY OF CIBOLO TEX ho , .cip ("Effective in Guadalupe County, Texas ("City'), and - 'S' n�l��nunicipality located ("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 (Guadalupe County Appraisal District Property Identification) 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 TLGC§43.035 Development Agreement Page I of 4 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 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 cip ity in Landowner: Guadalupe ty, Texas By: By: bS' B earson, Cibolo City Manager or Address: al Anderson, Senior Planner City: -s9.1/ r�ill�A/rU / State/Zip: Date: Date: 2s ll City of Cibolo TLGC§43.035 Development Agreement Page 4 of 4 ----r- " u, -.wirdty ueiaiis Page 1 of 2 Guadalupe CAD Property Search Results > 70943 JORDAN JOSEPH P&JOHNNIE M for Year 2010 Property Account Property ID: 70943 Legal Description: ABS:313 SUR:G TORRES 13.0600 AC. Geographic ID: 2G0313-0000-00900-0-00 Agent Code: Type: Real Location Address: 3490 FM 465 Mapsco: SEGUIN,TX 78155 Neighborhood: Map ID: P-7 Neighborhood CD: Owner Name: JORDAN JOSEPH P&JOHNNIE M Owner ID: 79152 Mailing Address: 6403 TERLINGUA %Ownership: 100.0000000000% SAN ANTONIO, TX 78233 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag 1 Timber Use Value (+)Agricultural Market Valuation: + $94,322 $1,384 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $94,322 (-)Ag or Timber Use Value Reduction: - $92,938 (_)Appraised Value: _ -R $1,384 (-)HS Cap: - $0 (_)Assessed Value: _ $1,384 Taxing Jurisdiction Owner: JORDAN JOSEPH P&JOHNNIE M %Ownership: 100.0000000000% Total Value: $94,322 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,384 $1,384 $0.00 GCO GUADALUPE COUNTY 0.344900 $1,384 $1,384 $4.77 LTR LATERAL ROAD 0.055000 $1,384 $1,384 $0.76 MAS MARION ISD 1.310000 $1,384 $1,384 $18-13 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $23.66 Taxes w/o Exemptions: $23.67 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=70943 3/23/2011 _r •Y - i ►v)JvtLy "etalis Page 2 of 2 Land # TYPe Description Acres Sgft Eff Front Eff Depth 1 DIG IMPROVED GOOD 13.0600 568893.60 0.00 0.00 $94,322 P Market Value Prod.Value Roll Value History $1,384 Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A 2010 $0 $94,322 N/A NIA N/A 2009 __ 1,384 1,384 $0 $0 $92,473 1,345 $1,384 2008 $0 $92,473 - - $0 $1,345 2007 1,358 1,345 1,358 $0 $1,358 $0 $87,238 1,384 2006 $0 __ _ 1,384 _ $0 $1,384 $5fi,283 1,437 1,437 $0 $1,437 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee 1 Volume 'Page 6/25/2004 12:00:00 AM WD WARRANTY DEED RIMMELIN LOUIS J JORDAN JOSEPH F 2029 0857 2 3/18/200212.00:00 AM OT OTHER RIMMELIN LOUIS J 1691 0593 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:3/14/20118:29 ®2011 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=70943 3/23/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses E 'I�—fd P.G�9ti appeared in person before me today and stated under oath: "My name is C 't Jpjie ,v . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for� !>JS purposes." "Further,my property is currently being used for the following uses: Signed: Printed Name: A,(/ SIGNED under oath before me on n, % , 2011. MAGGIE LYNNE PATTERSON Notary Public,State of Texas MV Commission Expires N wDOCember 22, 2014 ota�yP �, Statee ofxas Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 0I 1 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS ho r rule municipthly 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 • (Guadalupe County Appraisal District Property Identification) 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 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 Ri2hts. 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 Z opo 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 Wmunialily Landowner: Guadalu7un , Tex By: � By: Bru O' OOPearson, Cibolo City Manager or Address: dal Anderson, Senior Planner City: State/Zip: 7 Fa 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 60e (%—appeared in person before me today and stated under oath: "My name is CNL W . 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 a 1 Said property is appraised for ad valorem tax purposes under the Texas Tax ode for "Lt/ i1 - ur es." "Further,my property is currently being used for the following � ,ifs uses: /U'GG- Si Printed Name: / /V SIGNED under oath before me on 0(2 n 1 -;)7 , 2011. --T .BETH ANN MIRELES =Notary Public,State of Texas Notary Public, State of Texas y. ,•, My Commission Expires �'�`F'�```�'• December 22, 2014 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 71069 WEBER SIDNEY F for Year 2010 Property Account Property ID: 71069 Legal Description: ABS:313 SUR:G TORRES 27.7840 AC, Geographic ID: 2G0313-0000-09840-0-00 Agent Code: Type: Real Location Address: FM 465 Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-7 Neighborhood CD: IH10W Owner Name: WEBER SIDNEY F Owner ID: 58135 Mailing Address: 974 WEST COLL %Ownership: 100.0000000000% NEW BRAUNFELS,TX 78130 Exemptions: Values (+)Improvement Homesite Value: + $0 (+}Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $358,328 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $358,328 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $358,328 (—)HS Cap: — $0 (_)Assessed Value: _ $358,328 Taxing Jurisdiction Owner: WEBER SIDNEY F %Ownership: 100.0000000000% Total Value: $358,328 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $358,328 $358,328 $0.00 GCO GUADALUPE COUNTY 0.344900 $358,328 $358,328 $1,235.87 LTR LATERAL ROAD 0.055000 $358,328 $358,328 $197.08 MAS MARION ISD 1.310000 $358,328 $358,328 $4,694.10 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $6,127.05 Taxes w/o Exemptions: $6,127.05 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71069 3/23/2011 Guadalupe CAD -Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G28 G28 27.7840 1176120.00 0.00 0.00 $358,328 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $358,328 0 358,328 $0 $358,328 2009 $0 $214,209 0 214,209 $0 $214,209 2008 $0 $171,367 0 171,367 $0 $171,367 2007 $0 $161,666 0 161,666 $0 $161,666 2006 $0 $104,301 0 104,301 $0 $104,301 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/13/198612:00:00 AM OT OTHER WEBER SIDNEY F 782 540 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:3/14120118:29 ®2011 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=71069 3/23/2011 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 ITT OF CIBOLO NON ANNEXATION ELT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated MOAL _, 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXkS,.a ho Ie cipali Iocated 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 (Guadalupe County Appraisal District Property Identification) 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. Citv of Cibolo Pag�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 CiboIo, 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 Pan 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 far 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 terns 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. Citv of Cibolo TLGC 543.035 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 m1 . palify in Landowner: Cruadal e ounty, Texas f By: By: earson, Cibolo City Manager or Address: y al Anderson, Senior Planner �jq� City: State/Zip: � Date: 07 / Date: l City of Cibolo Page 4 of 4 TLGC§43,035 Development Agreement Exhibit - CITY OF CIBOLO NON AIN XA'IOX DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses AIr appeared in person before me today and stated under oath: "My names is 117 1 am competent t P o 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 3 op I A Said property is appraised for ad va orem tax purposes under the Texas Tax Code for ( �,uL urposes." ' urther, m property is currently being used for the following uses: Ce �s Signed: Printed Name: , SIGNED under oath before me on ;' , 2011. WENDY L ELDER -� ►'�� Notary Public state of Texas Notary Public, tate of Texas �:.nK, 4V cam,t oeaeriots Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 70948 for Year 2011 ,�maca F zoom Details 'I I Accouru Property ID: 70048 '."P �� a T€ � n��' }a� r°����„ y➢ �7`�'x '�;, ��� �. � -� � r�' '� P"r �tv` '� f Geo.ID. '. :Type:Legal 9 Description: �t ,�y j '`',cry 5{:.�� �,� �,�, 1 s ..car E � Loc tion � � �' 2 �yd`�s a: � z f�t �t^ r s -, r O Address: _..._ +Neighborhood: i McPeco: m�"�,'��t �sS n e„� �,+'r �} c �' ,Y� PS` ti.� tu� N�*��✓gy'� e -�� �s ��'s�� �s;��� t LI_ Jurisdictbns: R4, MAS Owner rp Name: � ' y �Adtlreae AValue raised PP J Map Layers V Radius Search Website version:1.2.2.0 Database last updated on:4/2112011 8:29 PM ®2011 True Automation,Inc.All Rights Reserved.Privacy Notice This site only supports Internet Explorer 8r,Netscape 7+and Firefoz 1.5+. CL 2J � --�_rk4 /1a,r0_sa-1o_—___ .-1 1 1 A A 0-_._ .._1)n1 A/117/1n1 1 ,OI/I�III/iijy��V 4001 O F ''''y��Iyiniueppgrpp �,,t T X ¢ S "City of Choice" PUBLIC HEARING NOTIFICATION March 25, 2011 Re: Proposed Annexation-Public Hearing Notification Dear Property Owner, The City of Cibolo is providing you with notice that Public Hearings are scheduled on April 26, 2011 at 7:00 p.m. and on April 27, 2011 at 6:00 p.m. regarding the proposed annexation of the acreage shown on the attached map. Each hearing will be held in the City Council Chamber of the Cibolo City Hall, at 200 South Main Street, Cibolo, Texas. On those dates the City Council of the City of Cibolo will conduct public hearings to hear public testimony concerning the proposed annexation of the properties described below: ACREAGE ALONG EACH SIDE OF INTERSTATE 10, INCLUCLIVE OF 1-10, BETWEEN THE WEST BANK OF SANTA CLARA CREEK AND ACROOS RIGHTS-OF-WAY OF CENTER ROAD AND LINNE ROAD, AS DEPICTED ON THE ATTACHED MAP. Attached with this notice is a map that depicts the properties included in this proposed annexation and a Proposed Service Plan describing the services that would be provided by the Cibolo to properties annexed into the City. Should you have questions, concerns or comments in response to the proposed annexation, I encourage you to contact me or Maggie Patterson by phone, email or letter by one of the below methods. You're also encouraged to attend either of the two Public Hearings to address your comments directly to the City of Cibolo City Council. E-Mail: randerson@cibolotx.gov or mpatterson@cibolotx qov Mail: City of Cibolo, PO Box 826, Cibolo, TX 78108 Phone: 210.658.9900 Fax: 210.658.1687 Sincerely, Ran Anderson Senior Planner 200 South Main Street.PO Box 826 Cihnin TX 7R1nR -i, roirn ISA oonn ! 1 Ak- oolrerrrMel _ JN ` y , err!- �� i!. t• r_r s-,.� f• t 11011 P Q r' O Tex AS "City of Choice" March 25,2011 VIA: CERTIFIED MAIL Alona Stefek 3250 FM 465 Seguin,Texas 78155 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on March 22, 2011. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by Tuesday, May 3, 2011 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by May 3, 2011 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments,please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, ca►t Randy Anderson Senior Planner City of Cibolo Enclosures CITY OF C'IBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A (Guadalupe County Appraisal District Property Identification) 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 advalorem 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. LawGovernzing. 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 fixture 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. CounterMarts. 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 m cipality in Landowner: Guadalupe County, Texas i� Bru� arson, Cibolo City Manager or Address: c� D �A VAnderson, senior Planner �r"a r City: ` State/Zip: Date: 'y `�cf � 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 eared a before me _ !r in person today and stated under oath: "My name is I am competent to make this affidavit. The facts stated in this affidavit are w2 n my personal knowledge and are true and correct. I am the owner of the property Located at Jr- Said property is appraised for ad valorem tax purposes under the Texas Tax Code for .Q. urposes." "Further, my property is currently being used for the following uses: GLO C[ eAU+WV Signed: Printed Name: SIGNED under oath before me on CL , 2011. MAGGIE LYNNE PATTERSON Notary Public, State of Texas My Commission Exsires NO u C tate of Te D@COM"t 22, 2014 Guadalupe CAD-Property Details Pagel of 2 Guadalupe CAD Property Search Results > 128087 STEFEK ALONA for Year 2010 Property Account Property ID: 128087 Legal Description: ABS:313 SUR:G TORRES 1.00 AC. Geographic ID: 2GO313-0000-01110-0-00 Agent Code: Type: Real Location Address: 3250 FM 465 Mapsco: TX Neighborhood: Map ID: P-7 Neighborhood CD: Owner Name: STEFEK ALONA Owner ID: 90467 Mailing Address: 3250 FM 465 %Ownership: 100.0000000000% SEGUIN,TX 78155 Exemptions: HS Values (+)Improvement Homesite Value: + $227,261 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $9,778 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+}Agricultural Market Valuation: + $0 $0 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $237,039 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $237,039 (—}HS Cap: — $0 (=}Assessed Value: _ $237,039 Taxing Jurisdiction Owner: STEFEK ALONA %Ownership: 100.0000000000% Total Value: $237,039 EntityDescription Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $237,039 $237,039 $0.00 GCO GUADALUPE COUNTY 0.344900 $237,039 $232,039 $800.30 LTR LATERAL ROAD 0.055000 $237,039 $229,039 $125.97 MAS MARION ISD 1.310000 $237,039 $222,039 $2,908.71 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $3,834.98 Taxes w/o Exemptions: $4,053.13 Improvement!Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=128087 3/23/2011 Guadalupe CAD-Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: Al Living Area: 3222.2 Value: $227,261 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 10+ CF-CEMENT FIBER 2006 2686.2 CP COV PORCH D 929.0 DG DET GARAGE DGA 0 825.0 UPST 2ND FLR 0 536.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 1.0000 43560.00 0.00 0.00 $7,278 $0 2 UTIL UTILITY 0.0000 0.00 0.00 0.00 $2,500 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A NIA 2010 $227,261 $9,778 0 237,039 $0 $237,039 2009 $229,439 $9,635 0 239,074 $0 $239,074 2008 $229,439 $9,635 0 239,074 $0 $239,074 2007 $172,496 $9,231 0 181,727 $0 $181,727 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:3/14/20118:29 ®2011 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=128087 3/23/2011 GuadalupeCAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 70947 STEFEK ALONA for Year 2010 Property Account Property ID: 70947 Legal Description: ABS:313 SUR:G TORRES 11.5420 AC, Geographic ID: 2GO313-0000-01100-0-00 Agent Code: Type: Real Location Address: FM 465 Mapsco: TX Neighborhood: Map ID: P-7 Neighborhood CD: Owner Name: STEFEK ALONA Owner ID: 90467 Mailing Address: 3250 FM 465 %Ownership: 100.0000000000% SEGUIN,TX 78155 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: + $84,002 $1,847 (+)Timber Market Valuation: + $0 $0 {_)Market Value: _ $84,002 (—)Ag or Timber Use Value Reduction: — $82,155 (_)Appraised Value: _ $1,847 (—)HS Cap: — $0 (_)Assessed Value: _ $1,847 Taxing Jurisdiction Owner: STEFEK ALONA %Ownership: 100.0000000000% Total Value: $84,002 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,847 $1,847 $0.00 GCO GUADALUPE COUNTY 0.344900 $1,847 $1,847 $6.37 LTR LATERAL ROAD 0.055000 $1,847 $1,847 $1.02 MAS MARION ISD 1.310000 $1,847 $1,847 $24.20 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $31.59 Taxes w/o Exemptions: $31.58 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=70947 3/23/2011 Guadalupe CAD -Property Details Page l of l Land # Type Description .Acres Sgft Elf Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 11.5420 502769.52 0.00 0.00 $84,002 $1,847 Roll Value History Year Improvements Land Market All Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A' 2010 $0 $84,002 1,847 1,847 $0 $1,847 2009 $0 $82,355 1,835 1,835 $0 $1,835 2008 $0 $82,355 1,801 1,801 $0 $1,801 _ 2007 $0 $77,693 1,766 1,766 $0 $1,766 2006 $0 $56,967 1,931 4,431 $0 $4,431 Deed History-(Last 3 Deed Transactions) ... ..... ....... # Deed Date Type Description Grantor Grantee Volume Page 1 4/17/2006 12:00:00 AM WD WARRANTY DEED NICHOLS BYRON t: STEFEK ALONA 2307 0206 2 11/30/2004 12:00:00 AM WD WARRANTY DEED SHULER JAMES L i NICHOLS BYRON F 2092 0575 3 9/10/1996 12:00:00 AM OT OTHER SHULER JAMES L,, 1227 0740 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:3/14/2011 8:29 C 2011 True Automation,Inc.All Rights l 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=70947 3/23/2011 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 EXHIBIT `B' 2011 ANNEXATION PROGRAM CITY OF CIBOL09 TEXAS Upon annexation of the area identified above the City of Cibolo will provide City services utilizing methods by which it extends services to any other equivalent area of the City. SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION 1. Police Protection The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography,land use and population density as those found within the newly annexed areas. The Police Department will have the responsibility to respond to all dispatched calls for service or assistance within the newly annexed areas. 2. Fire Protection and Emergency Medical Services The City of Cibolo, Texas and its Fire Department, and the Cibolo Volunteer Fire Department, will provide fire protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City,with like topography, land use and population density as those found within the newly annexed areas. The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS services through that contract to newly annexed areas at the same or similar level of service now being provided to other areas of the City,with like topography,land use and population density as those found within the newly annexed areas. 3. Maintenance of Water and Wastewater Facilities All of the newly annexed properties are within the water and waste water service area of Green Valley Special Utility District. All water/wastewater facilities owned or maintained by Green Valley Special Utility District at the time of the proposed annexation shall continue to be maintained by Green Valley Special Utility District.All water/wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall be maintained by Green Valley Special Utility District, to the extent of the ownership of each in said facilities. The now existing water/wastewater mains at existing locations shall be available for the point of use extension based upon the City of Cibolo and Green Valley Special Utility District standard extension policies now existing or as may be amended. On-site sewerage systems may be maintained in accordance with the City of Cibolo Code of Ordinances. 4. Solid Waste Collection The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate limits of the City with Bexar Waste. Solid waste collection will be provided to citizens in the newly annexed areas at the same or similar level of service now being provided to other areas of the City with Iike topography, land use and density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date,the City will impose fees and provide the service. If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for service after the two-year date. 5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography,land use and density as those found within the newly annexed areas. Private roads will remain under the ownership of the homeowners association and as such maintained by the association. 6. Maintenance of Parks. Playgrounds and Swimming Pools The City of Cibolo, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds,or swimming pools do exist and are public facilities,the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under the ownership of the homeowners association and as such maintained by the association. 7. Maintenance of any Publicly owned Facility.Building or Municipal Service The City of Cibolo, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography,land use and density as those found within the newly annexed areas. 8. Other Services The City of Cibolo, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography,land use and density as those found within the newly annexed areas. CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2%Z YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection,fire protection,emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities The City of Cibolo, Texas, finds and determines it is not necessary for the City of Cibolo to acquire or construct any capital improvements within 2 %2 years of the effective date of the annexation of the particular annexed areas because the area being annexed is located within the water and wastewater service area of Green Valley Special Utility District. 3. Roads and Streets The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 %years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks Playgrounds and Swimming Pools and Anv Other Publicly Owned Facility. Building,or Service The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/z years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds,swimming pools and other publicly owned facility, building or service. 5. Maintenance of Current Seatic System Any resident who currently utilizes a septic system to manage wastewater shall be entitled to continue said system except for the following: Should a septic system located within 500-feet of an existing sewer main fail to the point where repair costs will exceed the cost of replacement, the property owner shall be required to connect to the sewer system. SPECIFIC FINDINGS The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. TERMS This plan shall be valid for a term of ten(10)years. Renewal of the Service Plan is at the discretion of the City of Cibolo. LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City,including the annexed areas, if different characteristics of topography, land use,and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code.