Loading...
RES 1408 09/07/2010 OF C/ Www r0 7-C X "01g o t;l x sir c" RESOLUTION NO. 1408 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 2,125.02 ACRE ANNEXATION AREA AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON JUNE 16, 2010. PROPERTIES DESCRIBED IN ALL NON-ANNEXATION AGREEMENTS ARE GENERALLY LOCATED BETWEEN ARIZPE ROAD AND INTERSTATE HIGHWAY 10 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 WHEREAS, the City Council of the City of Cibolo, Texas, on June 16, 2010, authorized the annexation of 2,125.02 acres of its Extraterritorial Jurisdiction located in an area adjoining the Page 1 existing City of Cibolo, Texas corporate boundary between Arizpe Road and Interstate Highway 10; 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 seventy-two (72) Non-Annexation Agreements for properties that comprise an aggregate area of 1,528.63 acres out of the 2,125.02 acre annexation area authorized by the City Council of the City of Cibolo, Texas on June 16, 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 2,125.02 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 September 7, 2010. PASSED AND APPROVED this, the 7"'day of September 2010. nnife ' artman, Mayor ATTEST: Peggy Cimics, City Secretary Page 2 EXHIBIT A Field Notes for the 2,125.02 Acres of real property in the City of Cibolo Extraterritorial Jurisdiction (ETJ), authorized for annexation by the City Council of the City of Cibolo, Texas on June 16, 2010. Said 2,125.02 Acres of land is located in the established City of Cibolo ETJ, Guadalupe County, Texas. BEGINNING: At the most Easterly corner of said tract, also being in the Southern Right-of-Way line of 11-110 East. THENCE: South 66° 12' 11"West, a distance of 1,300.21 feet to a point; North 82° 50' 14" West, a distance of 116.63 feet to a point; South 65° 48' 46" West, a distance of 5,853.85 feet to a point; THENCE: Crossing IH 10 and continuing along the Southeastern line of the established City of Cibolo ETJ to the North bearing North 32° 15' 37" West, a distance of 1,422.22 feet to a point; South 57° 15' 16" West, a distance of 49.60 feet to a point; North 31° 39' 30" West, a distance of 5,348.30 feet to a point; North 58° 09' 38" East, a distance of 2,211.61 feet to a point; North 32° 40' 47" West, a distance of 954.05 feet to a point; North 57° 05' 06" East, a distance of 1,322.50 feet to a point; North 32° 08' 41"West, a distance of 233.00 feet to a point; South 59° 49' 47" West, a distance of 192.82 feet to a point; North 31° 54' 19"West, a distance of 1,818.15 feet to a point; South 57° 26' 48" West, a distance of 493.54 feet to a point; North 32° 33' 12"West, a distance of 1,742.15 feet to a point; Along a tangent curve to the left with a radius of 1,671.32 feet, a tangent length of 531.86 feet, a central angle of 35° 18' 17", a distance of the chord of which bears South 46° 22' 44" West for a distance of 1,013.63 feet and along the arc of said curve for a distance of 1,029.84 feet to a point; North 33° 52' 04" West, a distance of 456.02 feet to a point; South 74° 38' 16"West, a distance of 202.43 feet to a point; North 31' 32' 52" West, a distance of 5,636.12 feet to a point; THENCE: Continuing along Arizpe Road Southern Right-of-Way North 57° 04' 10" East, a distance of 1,816.05 feet to a point; THENCE: Along a tangent curve to the right with a radius of 26,400.00 feet, a tangent length of 10,140.47 feet, a central angle of 42° OF 28", a distance of the chord of which bears South 43° 19' 59" East for a distance of 19,932.34 feet and along the arc of said curve for a distance of 19,363.47 feet to the point of beginning and containing 2,125.02 acres more or less. Page 3 EXHIBIT A (Graphically) J_ --- ARIZPE ROAD ; g � �. � LOWER VALkEYV4.I i Li t I ! !I __ _ __I—III_.�..�.�j �► j,rr- ANNEKATION TRACT S 0 — Page 4 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS Page 5 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT �.i. . -i..�_.:.ida m 1 U.}1 �-c��ra.isal St.`u-s o-, 9.�tr1 L ,li L. T.T7 _ Melt 6 O{ pe d in person before me today and stated under oath: "My name is tA%'am , 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 rb Said property is appraised for ad valorem tax purposes under the Texas Tax Code for urposes." "Further. my property is currently being sed for the following uses: ; \ Signed: Printed Name: W r �j ✓� ��LZ[ Q SIC7NED uz:ae uL! t--fure m: on 2010. . SHEILA M.OWN= --' MY COMMISSION EXPIRES y jum 9,2012 Not r Public, Sta of Texas CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS a me rule m ic'pality 1 cated in Guadalupe County, Texas ("City"), and 7 ;� � �' ("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 :;f 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. Cine of Cibolo Pa,-e 1 of 4 TLGC~43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby 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 espective property uniii 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. Excep" 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 Citv 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 aii.c;wed hereunder this provision then su.d actloil shat 'oc 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 laves 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 propeiLy with :his 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 Paae 3 of 4 TLGC§43.035 Development Agreement r EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cit3olo, a home rule mu 'cipality it> Lanaowr�er: Guadalupe ty, Texas By: BV. Z f3 ce Pearson, cibolo Ci"Manager or Address ©L.1 6 A/ dal Anderson, Senior Planner City: fAf-10 N State/Zip: 7,9/2- q Date: Date: / Cite of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated (� , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEX S, home rule mu i ipality located in Guadalupe County, Texas ("City"), and -'S ("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. Citv of Cibolo Page I of 4 TLGC§43.03-5 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 c Chapters 212 or 232 of the Texas Local Govenunent 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. S. 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 Pate 3 of 4 TLGC§43.033 Development Agreement ` S EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule n ici ality in Landowner: Guadalupe C unty, Texa By: By: B rPearson, Ci io a er or Address: 77 dal Anderson, Senior Planner City: �11r.ay1 State/Zip: _7X Date: Date: /7 Tu/w Z 4/d Cite of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement ffi Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses Y a 1 e`S k& H . Mitt e r appeared in person before me today and stated under oath: "My name is Vales ka Y. Ne y g r 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 ABS ; 131 .SUR ' Jc sc Fjoris !d,yl #C. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for ag r;c u l lura.1 purposes." "Further, my property is currently being used for the following uses: Signed: ZPAct, rinted Name: SIGNED under oath before me on -2010. .., p- --- ------------� U►UR!E J. R j}- ft*,Num Notary Public, Stat6k Texas a 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 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 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63436 MEYER VALESKA H for Year 2010 Property Account P-perty ID: 63436 Legal Description: ABS: 134 SUR:JOSE FLORES 10.4100 AC. Geographic ID: 2G0134-0000-06910-0-00 Agent Code: Type: Real Location Address. IH.10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: MEYER VALESKA H Owner ID: 51502 Mailing Address: 779 BOLTON 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: + $72,463 $1,666 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $72,463 (—)Ag or Timber Use Value Reduction: — $70,797 (_)Appraised Value: _ $1,666 (—)HS Cap: — $0 (_)Assessed Value: _ $1,666 Taxing Jurisdiction Owner: MEYER VALESKA H %Ownership: 100.0000000000% Total Value: $72,463 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,666 $1,666 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,666 $1,666 $5.57 LTR LATERAL ROAD 0.055000 $1,666 $1,666 $0.92 MAS MARION ISD 1.220000 $1,666 $1,666 $20.32 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $26.81 Taxes w/o Exemptions: $26.81 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63436 6/16/2010 r Guadalupe CAD - Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D39 TILLABLE GOOD 10.4100 435600.00 0.00 0.00 $72,463 $1,666 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $72,463 1,666 1,666 $0 $1,666 2009 $0 $43,533 1,655 1,655 $0 $1,655' 2008 $0 $32,548 1,624 1,624 $0 $1,624 2007 $0 $27,123 1,593 1,593 $0 $1,593 2006 $0 $22,603 1,603 1,603 $0 $1,603 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor. Grantee Volume Page 1 9/24/1990 12:00:00 AM OT OTHER MEYER VALESKA I 930 16 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:6/6/2010 8:44 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63436 6/16/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated `7 / , 2010 (`'Effective Date"), made by and between the CITY OF CIBOLO, TE AS, a ome rule m icipality 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-"ie Property and its guaranteed co_?tinued 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 thz— regulations are enforced within the City's boundaries and authorizing enlorcement by the City of certain agreed upon iand 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 Pace I of 4 TLGC§43.03.5 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 agreemeni Existing Uses"), on their respective property until such properi:y 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 - at, regardless of how t11 he area is then currently appraised for ad-Sulo-te 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 Paae?of 4 TLGC§43.035 Development A=reement ` 6 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 alloweU hereunder this provision den said action shah be dcen cu 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 Agreetrent 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 Paae 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 Cibc)lo, d hone rule unicipolity iri Landowner: Guadalupe ounty, Tex t B :. By: � �Q, B ' e Pearson, C;boio city Manager or Address: 1:)' ' `0 dal Anderson, Senior Planner City: + � State/Zip: Date: Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT --,1ffidavit cf Tax AppraisaF Stwt:"s ar_d (7ur,--i t TTs —E 4ared in person before me today and stated under oath: "My name isvCG� �' f� �` 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,,-2 02. 0�©nj( Said property is appraised ifor ad valorem tax purposes under the Texas Tax Code for QQ�- � +(" C urposes." Ij "Further, my property is currently being used for the following uses: Q Signed: Printed Name: SIGNED •wider oa h before me on �w�� l oL ;-2010. ,._..,. .. \FY�Uj�ry PEGGY CIMICS Notary Public,State of Texas My commission Expires Notary Public, State of Texas %•'„�:��;� August 07,2010 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 590 Subdivision Regulations 583 Sign Ordinance 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 200E 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63550 URBANSKI LEONARD J & JOYCE A TRUSTEES for Year 2010 Property Account Property ID: 63550 Legal Description: ABS: 134 SUR:JOSE Geographic ID: 260134-0000-12100-0-00FLORES 4.7500 AC. Type: Real Agent Code: Location Address: BOLTON RD Mapsco: Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: UR BANS Kh1EONARD J&JOYCE A TRUSTEES Owner ID: 98092 Mailing Address: C/O JOYCE`A URBANSKI REV LIV TRUST %Ownership: 100.0000000000% 2302 BOLTON RD MARION, TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesitd Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: f + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $72,416 $504 (+)Timber Market Valuation: + $0 $0 ------------------- Market ------Market Value: _ $72,416 (—)Ag or Timber Use Value Reduction: — $71,912 -------------------------- (_)Appraised Value: _ $504 (—) HS Cap: — $0 ------------------------- ( )Assessed Value: _ $504 Taxing Jurisdiction Owner: URBANSKI LEONARD J&JOYCE A TRUSTEES %Ownership: 100.0000000000% Total Value: $72,416 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $504 GCO GUADALUPE COUNTY 0.334500 $504 $0.00 $504 $504 LTR LATERAL ROAD 0.055000 $504 $1.68 MAS MARION ISD $504 $0.28 1.220000 $504 $504 $6.15 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.11 Taxes w/o Exemptions: $8 11 Improvement/Building http:7/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63550 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 DIG IMPROVED GOOD 4.7500 174240.00 0.00 0.00 Roll Value History $72,416 $504 Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 1 2009 $0 $72,416 504 504 $0 2008 $0 $72,416 489 489 $504 2007 504$0 $72,416 494 $0 $489 494 $0 2006 $0 $54,861 504 $494 $0 $35,394 $0 $504 523 523 $0 $523 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor 1 11/16/2006 Grantee Volume Page 12:00:00 AM SWD SPECIAL WARRANTY DEED URBANSKI LEONAI URBANSKI LEONAI 2449 691 2 11/16/2006 12:00:00 AM Wb WARRANTY DEED URBANSKI LEONAI URBANSKI LEONAI 2399 295 3 7/2/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED URBANSKI LEONAI URBANSKI LEONAI 2177 0591 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+. 4 1 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63 550 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT P This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, h e rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); A-r- 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 siatus 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 enforce:i within the City's boundaries and authorizing ernlorceruent by the CiLy 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 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 (C5Exi5ting 'Uses"), on their respective properi:y until sucherty ro.. has L,�en p �� ,- 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 'row the arca 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 Citv 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 ailc>wdd hereunder iris provision Lhen said action shall be deemed a regau st- 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. Assianment: 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 fc!r 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 Pase 3 of 4 TLGC§43.03;Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a homerufe m cipa�rty in LanClOwner: Guadalupe County, Texas By. B • ) 1 By: fi /e N C�, F / 57&N R Bruc earson, Cibolo Cite Manager or Address: J Jy "����,JAL R al Anderson, Senior Planner City: /Yl AR J bA _ State/Zip: 7 A9 Date: —2 Date: Cite of Cibolo TLGC§43.035 Development Agreement Page 4 of 4 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT 4106-we F-e ie-Seiy ,4A N appeared in person before me today and stated under oath: "My name is /j'1AAP/Ue_- 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 /005 S?Am n e_lee Z, 2G Said property is appraised for ad valorem tax purposes under the Texas Tax Code for g A t C u 1 P purposes." "Further, my property is currently being used for the following uses: A 4 n k &C „u Signed: i�GGo /I Quirt ..J Printed Name: -,��P ,��C�S �1/h,�1 n, SIGNE�J under oath before Inn on WMI .-- 2 J. ` SHEILAMMI SIGNEI)ME SON IRES Notary Public. State of Texas '� MY COjut*1 2112 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 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 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 r Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63510 FRIESENHAHN MICHAEL ROMAN for Year 2010 Property Account Property ID: 63510 Legal Description: ABS: 134.SUR:JOSE FLORES 45.7750 AC. Geographic ID: 2G0134-0000-10300-0-00 Agent Code: Type: Real Location Address: SCHMOECKEL RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL ROMAN Owner ID: 119137 Mailing Address: C/O MARLENE JANE FRIESENHAHN-LIFE ESTATE %Ownership: 100.0000000000% 1005 SCHMOEKEL RD MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 ('+)Improvement Non-Homesite,Value: + $0 (�)Land Homesite Vatue: + $0 (+}Land Non-Homesite Value: + $0 Ag/Timber Use Value {+)Agricultural Market Valuation: + $283,560 $7,324 (+)Timber Market Valuation: + $0 $0 _)Market Value: _ $283,560 (—)Ag or Timber Use Value Reduction:— $276,236 (_)Appraised Value: _ $7,324 G—)HS Cap: — $0 (_)Assessed Value: _ $7,324 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL ROMAN Ownership: 100.0000000000% Total Value: $283,560 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,324 $7,324 $0.00 `GCO GUADALUPE COUNTY 0.334500 $7,324 $7,324 $24.50 LTR LATERAL ROAD 0.055000 $7,324 $7,324 $4.03 MAS MARION ISD 1.220000 $7,324 $7,324 $89.35 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $117.88 Taxes w/o Exemptions: $117.88 Improvement/Building http:/'propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63510 5/25;"'010 Guadalupe CAD -Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 WA TILLABLE AVG '45.7750 1960200.00 0.00 0.00 $283,560 $7,324 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $283,560 7,324 7,324 .2009 $0 $7,324 $0 $283,560 7,278 7,278 $0 $7,278 2008 $0 $283,560 7,141 7,141 ?007 $0 $7,141 $0 $214,818 7,004 7,004 $0 $7,004 2006 $0 $138,593 7,049 7,049 $0 $7,049 Deed History-(Last 3 Deed Transactions) # deed Date Type Description Grantor Grantee Volume Page i 1 5/1/2009 12:00:00 AM GD GIFT DEED FRIESENHAHN MA FRIESENHAHN MIC 2739 0783 Questions Please Call(830)303-3313 Website,version: 1.2.2.2 Database last updated on:5/3/2010 8:47 ®2010 True Automation, Inc.All R:yhts PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.tr-ueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63510 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated _ / , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS,..a qme rule municipality located in Guadalupe County, Texas ("City"), and 2-1,1Z 1*N ("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 Lhe mutual benefits to,be-erived 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 eniorcemenL 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 Pasie 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 agrc emerrt (`Existing v ses j, on their respcui ve propci-ty u�icil such pwpei Ly has bc;en 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.-l at, regardless :;t how the arca Is then curenuy 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 Pate 2 of 4 TLGC§43.035 Development Agreement ` 1 a Chapters 212 or 232 of the Texas Local Govermnent 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 alli7vv>u hereu�ider this provision then said action shall -be deemed a Ir.;qucsi- ur 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. Cine of Cibolo Pate 3 of 4 TLGC§43.035 Development Agreement l r EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Ciba}lo, a home rule�in �ci aiity iri i andcwr�er: Guadalupe unty, Texas By: By: ��/Aiv Br earson, Cibolo City Manager or Address: R dal Anderson, Senior Planner City: Lly State/Zip: X f?S 7.?/,; Date: Date: �1C� City of Cibolo Paue 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A .r:rs; fn-i_}r.p ;s �c St3 uS arrCurrent )fTn, appeared in person before me today and stated under oath: "My name is r lY J, ln4Elrle I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true andc ect. I am the owner of the property located at C D ,V-C e l Said property is appraised for ad valorem tax purposes under the Texas Tax Code for (i 11 ti IJ z-Cpurposes." � e� "Further, my property is currently being used for the following uses:_ AAA 02s, Signed: d7 All Printed Name: SIG. EIS under oath before ni„ or 44.=% .W13LA .EDMONDSON I SION 9,20 XpIRESNotary Public, to of Texas e 9,Zb12 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 775 2005 NTPA70 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 7$3 International 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 1 of 2 Guadalupe CAD Property Search Results > 63514 SCHMOEKEL LILLIAN for Year 2010 Property Account 'Property ID: 63514 Legal Description: ABS: 134 SUR: JOSE FLORES 109.7000 AC. .Geographic ID: 2G0134-0000-10420-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: :Neighborhood: MapID: P 5 `Neighborhood CD: Ov.-ner Name: SCHMOEKEL LILLIAN Owner ID: 93019 Mailing Address: 1601 SCHMOEKEL 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 Valuatior: + $548,996 $17,552 +)Timber Market Valuation: + $0 $0 (_)Market Value: _ �—_ $548,996 (—)Ag or Timber Use Value Reduction: — $531,444 ' -------_--------------- Appraised Value: $17,552 _ (—)HS Cap: — $0 =) —Assessed Value: _ $17,552 Taxing Jurisdiction Owner: SCHMOEKEL LILLIAN %Ownership: 100.0000000000% .Total Value: $548,996 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $17,552 $17,552 $0.00 GCO GUADALUPE COUNTY 0.334500 $17,552 $17,552 LTR LATERAL ROAD $58.71 0.055000 $17,552 $17,552 $9.65 MAS MARION ISD 1.220000 $17,552 $17,552 $214.13 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $282.49 Taxes w/o Exemptions: $282.50 Improvement/Building No improvements exist for this property. i http:/�propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63514 5/25/2"M Guadalupe CAD - Property Details I Page "2-of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 109.7000 4748040.00 0.00 0.00 $548,996 $17,552 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $548,996 17,552 17,552 $0 $17,552 '2009 $0 $548,996 17,442 17,442 .2008 $0 $548,996 $0 $17,442 17,113 17,113 $0 $17,113 !2007 $0 $405,193 16,784 16,784 2006 $0 $261,415 $0 $16,784 L 16,894 16,894 $0 $16,894 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume page 1 7/31/2006 12:00:00 AM PW PROBATED WILL SCHMOEKEL MAR` SCHMOEKEL LILLId 2006-PC-0147 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updattleNd on: 5/3/2010 8:47 ®2010 True Automation, Inc.All Rights This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+ Reserved. Privacy Notice i } http:r/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63514 5/25/2010 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63509 SCHMOEKEL DENNIS C & K A for Year 2010 Property Account Property ID: 63509 Legal Description: ABS: 134 SUR:JOSE FLORES 1.790 AC. Geographic ID: 2G0134-0000-10201-0-00 Agent Code: Type: Real Location Address: 1498 STOLTE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL DENNIS C&K A Owner ID: 51553 Mailing Address: 1498 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: DP, HS Values (+)Improvement Homesite Value: + $107,223 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $42,469 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 {+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $149,692 (—)Ag or Timber Use Value Reduction:— $0 (_)Appraised Value: _ $149,692 (—)HS Cap: — $0 (_)Assessed Value: _ $149,692 Taxing Jurisdiction Owner: SCHMOEKEL DENNIS C&K A %Ownership: 100.0000000000% Total Value: $149,692 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $149,692 $149,692 $0.00 DISTRICT GCO GUADALUPE 0.334500 $149,692 $144,692 $463.70 $463.70 COUNTY LTR LATERAL ROAD 0.055000 $149,692 $141,692 $77.93 $82.64 MAS MARION ISD 1.220000 $149,692 $124,692 $1,484.96 $1,484.96 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $2,026.59 Taxes w/o Exemptions: $2,409.29 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63509 5/25/2010 Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: Al Living Area: 2100.0 Value: $107,223 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 8 BV 1977 2100.0 CP COV PORCH BV 1977 72.0 DG DET GARAGE DGF BV 1977 720.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 0.2800 12196.80 0.00 0.00 $6,174 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $3,000 $0 3 G29 G29 1.5100 65775.60 0.00 0.00 $33,295 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $107,223 $42,469 0 149,692 $0 $149,692 2009 $108,245 $42,469 0 150,714 $0 $150,714 2008 $108,245 $37,484 0 145,729 $0 $145,729 2007 $110,066 $34,900 0 144,966 $7,627 $137,339 2006 $100,563 $24,291 0 124,854 $0 $124,854 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 OT OTHER SCHMOEKEL DENT 532 104 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.corn/ClientDB/Property.aspx?cid=2&prop_id=63509 5/25/2010 Map Page 1 of 1 Guadalupe CAD Property Search Results>Properly 10 63609 SCHMOEKEL DENNIS C&K A for Year 2010 Property Derails i :Account Pmperty l0: 83509 Y515 \ - Geo.10: 260134.0000- 102010 00 } Type: Real \\ Legal ABS:134 SUR: 'Description: JOSE FLORES 1.790 AC. - Location 'Address: 1498 STOLTE RD TX Neighborhood: MaPsco: Jurisdictions: CAD,GCO, LMAS Owner Name: SCHMOEKEL DENNIS C&K A Address: 1498 STOLTE 83812 RD MARION,TX - 78124 83511 83509 .Property Appraised Value:$149,892 Map Layers Radius Search /f 8342'0 VJebsfle version:1.2.2.0 Database lost updated on:5=010 8:47 PM &12010 True Automation,Inc.All Rights Reserved.Privacy Notice This site only supports Internet Explorer 8+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63 509&year=2010... 5/25/2010 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63516 SCHMOEKEL DEAN A for Year 2010 Property Account Property ID: 63516 Legal Description: ABS: 134 SUR:JOSE FLORES 0.7500 AC. Geographic ID: 2G0134-0000-10510-0-00 Agent Code: Type: Real Location Address: 1312 STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL DEAN A Owner ID: 51558 Mailing Address: 1312 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124-6010 Exemptions: HS Values (+)Improvement Homesite Value: + $110,652 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $25,448 (+)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $136,100 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $136,100 (—)HS Cap: _ $0 (_)Assessed Value: _ $136,100 Taxing Jurisdiction Owner: SCHMOEKEL DEAN A %Ownership: 100.0000000000% Total Value: $136,100 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $136,100 $136,100 $0.00 GCO GUADALUPE COUNTY 0.334500 $136,100 $131,100 $438.53 LTR LATERAL ROAD 0.055000 $136,100 $128,100 $70.46 SCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $136,100 $121,100 $1,719.62 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $2,228.61 Taxes w/o Exemptions: $2,462.73 Improvement/Building Improvement#1: RESIDENTIAL State Code: Al Living Area: 1705.0 Value: $110,652 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63516 5/25/2010 Uuadalupe UAIJ - Yroperty Oeta>ils Page 2 of 2 w sqft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 7+ BV 1987 1705.0 CPT PATIO-COV BV 2000 220.0 CP COV PORCH * BV 2000 330.0 STG STORAGE STGS BV 81.0 STG STORAGE STGS BV 160.0 CPT PATIO-COV * BV 70.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 0.7500 0.00 0.00 0.00 $20,448 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 . . ... -. .---.-_-. Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $110,652 $25,448 0 136,100 $0 $136,100 2009 $111,767 $25,448 0 137,215 $0 $137,215 2008 $111,767 $25,448 0 137,215 $797 $136,418 2007 $106,976 $20,491 0 127,467 $3,451 $124,016 2006 $97,748 $14,994 0 112,742 $0 $112,742 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 5/12/1987 12:00:00 AM OT OTHER SCHMOEKEL DEAF 807 449 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.corn/ClientDB/Property.aspx?cid=2&prop_id=63516 5/25/2010 Map Page 1 of 1 6 Guadalupe CAD Property Search ResuKs>Property ID 63616 SCHMOEKEL DEAN A for Year 2010 I�Property Detatla F r' ,�0� ----- _ �(}� Q. A 0 a 0 Y � 1: ZDOm Account Property ID: 83518 Goo.ID-. 2430134-0000- 105104)-W Type: Real !,LegalABS:134 SUR: JOSE FLORES Description: 0.7500 AC. Location Address: 1312 STOLTE RD 03415 Neighborhood: Mopeco: - Juriedctiona: CAD,GO. LTR,,SSS 'Owner (Nems: SCHMOEKEL DEAN A Address: 1312 STOLTE RD MARION,TX 78124-8010 63518 Property Apppproiaed Value:$136.1 DO Map L.Y. f Radius Search 63514 -. Website version:1.2.2.0 Database last updated on:5!3!2010 8:47 PM 0 2010 True Automation,Inc,AN RW ft Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63 516&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated / , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS a ome rule unicipality located in Guadalupe County, Texas ("City"), and � l�tcuz- �� A ("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 re-ulations in the same manner the regulations are enforc,;d within the City's boundaries and authorizing -entorcemeni by the Ciiy 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. Cir<v of Cibolo Page 7 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 tiieir respective property until sueh property has ucen 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 th:,,Property, other thanthe 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 cu.:cntly 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?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govenunent 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 heretx der this provision then said action shall be deemed a,regw:st- 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. Assianment: 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. Citv of Cibolo Paae 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 i.::iboio, a home rule municipality ai Landuwner: Guadalupe County, Texas By: By B e Pearson, Cibolo City Manager or Address: �f dal Anderson, Senior Planner - City: � State/Zip: Date: �� ���� Date: 0,= Citv of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A f i ; o�T=: = App - ,- -_�,�? Status u d Curl m t Uses ft'/rje appeared in person before me today and stated under oath: "My name is ,L>�,`/ oy jA�/���. I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and co ect. I am the owner of the property located at d S d T L ac r-ce/ Said property is appraised for ad valorem tax purposes under the Texas Tax Code S7( C:c for , urposes." OL "Further, my property iscurrentlybeing used for the following C. uses: (��� ) l A-LA U Signed. / Printed Name: SIGN ,D under oath before me on sr�u►M.�N MYCppg�pcPIRES Notary Public, Stat of 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 775 2005 NTEPA70 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 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63515 SCHMOEKEL LILLIAN for Year 2010 Property Account Property ID: 63515 Legal Description: ABS: 134 SUR: JOSE FLORES 87.9620 AC. Geographic ID: 2G0134-0:)00-10500-0-00 Agent Code: Type: Real Location Address: 1320 STOLTE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL LILLIAN Owner ID: 93019 Mailing Address: 1601 SCHMOEKEL 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: + $300 Ag I Timber Use Value (4.)Agricultural Market Valuation: + $438,956 $12,710 (+)Timber Market Valuation: + $0 $0 ---------------------- (_)Market Value: _ $439,256 Ag or Timber Use Value Reduction: — $426,246 {=)Appraised Value: _ $13,010 O HS Cap: — $0 ---------------------- Assessed Value: _ $13,010 Taring Jurisdiction Owner: SCHMOEKEL LILLIAN Qfo Ownership: 100.0000000000% Total Value: $439,256 'Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $13,010 $13,010 $0.00 GCO GUADALUPE COUNTY 0.334500 $13,010 $13,010 $43.52 LTR LATERAL ROAD 0.055000 $13,010 $13,010 $7.16 SCS SCHERTZ-CIBOLO-U.G. ISD 1.420000 $13,010 $13,010 $184.74 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $235.42 Taxes w/o Exemptions: $235.42 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63515 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 4 Land �# Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 73.0000 3179880.00 0.00 0.00 $365,330 $11,680 2 D5G NATIVE GOOD 14.7120 609840.00 0.00 0.00 $73,626 $1,030 ,3 ACRE ACRE 0.2500 0.00 0.00 0.00 $300 $0 Roll Value History ;Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $439,256 12,710 13,010 $0 $13,010 2009 $0 $439,256 12,563 12,863 $0 $12,863 t'008 $0 $439,256 12,256 12,556 $0 $12,556 2007 $0 $324,277 11,934 12,234 $0 $12,234 '2006 $0 $209,318 11,978 12,278 $0 $12,278 Deed History -(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page 1 7/31/2006 12:00:00 AM PW PROBATED WILL SCHMOEKEL MAR` SCHMOEKEL LILLI, 2006-PC-0147 2 OT OTHER SCHMOEKEL MAR` 665 300 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 F;;hts PM Reserved. Privacy W.tice This sitle only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. i I r , http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63515 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXA e rule nicipality 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 tual benefits to..be derived from the controlled development WHEREAS, in recognition of the mu 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 c1 certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing -entorcemerii 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 Paae l of 4 TLGC 143.035 Development Aereement ` 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: I. 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 ( �xisdng Uses"), on their respective property until such property has i;cen 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 th;, 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 arcu 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 Pale?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govermnent 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' allovved hereu.iuer this provision thein said action shah 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 volur tar-y arinexation. 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. CltN of Cibolo Paye 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 Ciboio, a home ruie rnuIiaiity it Landowner: Guadalupe County, Texas By: By: BruralAnderson, SOn, Cibolo Cite Manager or Address: Ran Senior Planner City: i`�/c'/4N State/Zip: Date: Date: d f� City of Cibola Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT rr� T ✓J.t r::MEL appeared in person before me today and stated under oath: "My name is A/, S/ moC/T�� I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. Cpa I am the owner of the property located at �� lr �,(; r�Pj ala Said property is appraised for ad valorem tax purposes under the Texas Tax Code for /P/ CG'/Afe"3- purposes." 4o3EA3 "Further, my property is currently being used for the following uses: CU214 Signed: Printed Name: Z" Ilv :�I under oaLh belere 1=1n Oil IlI� 111 I, SWELL M.Et 1oNDSON Notary Public' tate of Texas MY COMMISSION EXPIRES Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance ReferencinLy k 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 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 Pt.-ivate Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 2 of 2 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN BARN 1600.0 BARN BARN BARN 820.0 BARN BARN EBD 1800.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 109.9000 4748040.00 0.00 0.00 $687,496 $17,584 2 D5G NATIVE GOOD 3.0000 130680.00 0.00 0.00 $18,768 $210 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $7,282 $706,264 17,794 25,076 $0 $25,076 2009 $7,282 $706,264 17,669 24,951 $0 $24,951 2008 $7,282 $706,264 17,321 24,603 $0 $24,603 2007 $7,012. $521,266 16,971 23,983 $0 $23,983 2006 $7,012 $336,301 17,075 24,087 $0 $24,087 Deed History -(Last 3 Deed Transactions) ?t Deed Date Type Description Grantor Grantee Volume Page 1 7/31/2006 12:00:00 AM PW PROBATED WILL SCHMOEKEL MAR` SCHMOEKEL LILLI, 2006-PC-0147 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 5/3/2010 8:47 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy N�)tice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http.//propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63512 5/25/2010 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results a 63512 SCHMOEKEL LILLIAN for Year 2010 Prop" Account Property ID: 63512 Legal Description: ABS: 134 SUR: JOSE FLORES 112.9000 AC, Geographic ID: 2G0134-0000-10400-0-00 Agent Code: Type: Real Location Address: SCHMOECKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SCHMOEKEL LILLIAN Owner ID: 93019 Mailing Address: 1601 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values +)Improvement Homesite Value: + $0 (+)Improvement Non-Homesita Value: + $7,282 H Land Homesite Value: + $0 +)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+}Agricultural Market Vaivation: + $706,264 $17,794 +)Timber Market Valuation: + $0 $0 Market Value: _ $713,546 (—)Ag or Timber Use Value Reduction: — $688,470 (_)Appraised Value: _ $25,076 -)HS Cap: — $0 1=)Assessed Value: _ $25,076 Taxing Jurisdiction Owner: SCHMOEKEL LILLIAN %Ownership: 100.0000000000°x6 Total Value: $713,546 .Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax -CAD APPRAISAL DISTRICT 0.000000 $25,076 $25,076 $0.00 GCO GUADALUPE COUNTY 0.334500 $25,076 $25,076 $83.88 LTR LATERAL ROAD 0.055000 $25,076 $25,076 $13.79 ,MAS MARION ISD 1.220000 $25,076 $25,076 $305.93 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $403.60 Taxes w/o Exemptions: $403.60 Improvement/Building Improvement#11: RESIDENTIAL State Code: E3 living Area: sgft Value: $7,2$2 http://propaccess.trueautornation.com/ClientDB/Property.aspx?cid=2&prop_id=63512 5/25/2010 Guadalupe CAD - Property Details Page 1 of 2 }` Guadalupe CAD Property Search Results > 63513 SCHMOEKEL LILLIAN for Year 2010 Property Account Property ID: 63513 Legal Description: ABS: 134 SUR:JOSE FLORES 1.0000 AC. Geographic ID: 2G0134-0000-10410-0-00 Agent Code: Type: Real Location Address: 1601 SCHMOEKEL RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SCHMOEKEL LILLIAN Owner ID: 93019 Mailing Address: 1601 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS, OV65S Values (+) Improvement Homesite Value: + $38,003 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $8,756 (+) Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $46,759 (—}Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $46,759 (—}HS Cap: _ $0 (_)Assessed Value: _ $46,759 Taxing Jurisdiction Owner: SCHMOEKEL LILLIAN %Ownership: 100.0000000000% Total Value: $46,759 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $46,759 $46,759 $0.00 DISTRICT GCO GUADALUPE 0.334500 $46,759 $31,759 $74.32 $74_32 COUNTY LTR LATERAL ROAD 0.055000 $46,759 $31,759 $10.52 $10.52 MAS MARION ISD 1.220000 $46,759 $21,759 $0.00 $0.00 Total Tax Rate: 1.609500 Taxes w/Current Exemptions. $84.84 Taxes w/o Exemptions: $752.59 Improvement/Building hni)://DroDaccess.trueautomation_com/C;lientT)R/Pronerty ac„X9nrnn c X11 i1n 1 n Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1148.0 Value: $38,003 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 5 WS 0 1148.0 CP COU PORCH WS 0 126.0 Land # Type Descriptioh- Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $6,256 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $2,500 $0 Roll Value History ... .........._... .... 11 Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $38,003 $8,756 0 46,759 $0 $46,759 9 $39,176 $8,756 0 47,932 $0 $47,932 2008 $39,176 $8,756 0 47,932 $0 $47,932 2007 $37,489 $7,118 0 44,607 $926 $43,681 2006 $34,231 $5,479 0 39,710 $0 $39,710 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 7/31/2006 12:00:00 AM PW PROBATED WILL SCHMOEKEL MAR` SCHMOEKEL LILLIJ 2006-PC-0147 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 5/3/2010 8:47 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. htti)://i)roi)access.trueautomation.com/ClientT)R/Prone.rty acny?nrnn Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 63513 SCHMOEKEL LILLIAN for Year 2010 ...._.......... ......._._ ........ . ..... ............_. Property Details iAccount Property ID: 63513 / ;Geo.ID: 200134-0000- 10410-0-00 +Type: Real !Legal ASS:134 SUR Description. JOSE FLORES 1.0000 AC_ !Location v i Address: 1601 - SCHMOEKEL _ RD TX INeighborhood: Mapsco: _ j Jurisdictions: QAD' LIB,MA$ IOwner %Name: SCHMOEKEL - LILLIAN Address: 1601 - SCHMOEKEL RD . .. MARION,TX 83513 78124 I Property (13512. Appraised Value:$46,759 Map Layers Sr Radius Search Website version:1.2.2.0 Database last updated on:5/312010 8:47 PM 0 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/MaD/Man.asnx?cid=2&nron id=615 t;kvPaT=gni n sig i i1)nI n CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT is This DEVELOPMENT AGREEMENT ("Agreement"), dated _ 1 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and \ nd o ("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 �f the Property acid its guarantec-i 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 ooundaries and authorizing enforcement by the City of cctain agreed upon iand use auu 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 Page 1 of 4 TLGC ti43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT .. !-•. ,.ti.,.`L: :� •a _ ,�._•1 1111i, :.ii:.�:.= v •a,s. i: it�. _.. _.._�:il;:t..i. 'a...fid. appeared in person before me today and stated under oath: "My name is �,t,�, �2t;n, ,.� I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I ani the owner of the property located at 4.��4 r Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." "Further, mit property is currently being used for the following uses: Signed: n-dLa� Printed Name: /, ry 4 - ee SIGNED under oath befo._ �-ne on �pu SHEIU M.EDMONDSON MY COMMISSION EXPIRES Notary Public, Sta of Texas June 9,2012 set forth above. EXECUTED by the parties hereto to be effective as of the date first City of Ciuolo;'a dome rule ni apaiity iri Landowner: Guadalupe;;County, Tex ' 4inda � 04-e-rmoo By: By: ce Pearson, Ci b ity Manager or Address: 9C5 -1 U t o andal Anderson, Senior Planner /� 1� r City: ✓ `. State/Zip: Y —7t) 12q Date: Date: 1-7 P5 / ) 0 Cin of Cibolo Pa_e 4 of 4 TLGC§43.035 Development Agreement l Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results> 63409 KOLTERMANN LINDA for Year 2010 Property Account Property ID: 63409 Legal Description: ABS: 134 SUR:JOSE FLORES 2.0000 AC. Geographic ID: 2G0134-0000-05510-0-00 Agent Code: Type: Real Location Address: 905 STOLTE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: KOLTERMANN LINDA Owner ID: 51482 Mailing Address: 905 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS, OV65 Values (+)Improvement Homesite Value: + $56,091 (+)Improvement Non-Homesite Value: + $0 {+)Land Homesite Value: + $17,488 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $73,579 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $73,579 (—)HS Cap: — $0 (_)Assessed Value: _ $73,579 Taxing Jurisdiction Owner: KOLTERMANN LINDA %Ownership: 100.0000000000% Total Value: $73,579 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $73,579 $73,579 $0.00 DISTRICT GCO GUADALUPE 0.334500 $73,579 $58,579 $146.94 $146.94 COUNTY LTR LATERAL ROAD 0.055000 $73,579 $58,579 $20.81 $20.81 SCS SCHERTZ- 1.420000 $73,579 $48,579 $0.00 $0.00 CIBOLO-U.C. ISD Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $167.75 Taxes w/o Exemptions: $1,331.41 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63409 5/25/2010 ' Guadalupe CAD - Property lleta.ils Page 2 of 2 Improvement 1 Building Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1110.0 Value: $56,091 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 5 WS 1110.0 CP COV PORCH * WS 2000 28.0 CP COV PORCH WS 2000 128.0 FIV FLAT VALUE FN WS 720.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 2.0000 87120.00 0.00 0.00 $12,488 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $56,091 $17,488 0 73,579 $0 $73,579 2009 $57,807 $17,488 0 75,295 $0 $75,295 2008 $57,807 $17,488 0 75,295 $658 $74,637 2007 $55,333 $14,461 0 69,794 $1,942 $67,852 2006 $50,580 $11,104 0 61,684 $0 $61,684 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 3/22/1988 12:00:00 AM OT OTHER KOLTERMANN LINI HEIR SHIP 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?prop_id=63409 5/25/2010 Map Page 1 of 1 GuaJaiupe CAD Property Search Results>Property ID 63409 KOLTERMANN LINDA for Year 2010 Properly Details A 0 a 4Y Account Properly ID: 63409 2G0134A000- at16d4 Geo.ID: 055104)-00 63445 Type: Real 6344 Legal ABS:134 SUR: exxrytion: JOSE FLORES 2.0000 AC. Location Address: 905 STOLTE RD TX Neighborhood: - Mapsco: Jurisdictions: QA4.GCO, LTR,SCS Owner Name: KOLTERMANN LINDA .Address: 905 STOLTE RD MARION.TX _ - 78124 ti3408 43406 Appraised Value:$73,579 03639 Map Layer 7!Radius Search 9e 63519: Website version:1.2.2.0 Database last updated on:513/2010 8:47 PM 0 2010 True Automation,Inc.All Rights Reserved.Priv"Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63409&year=2010 5/25/2010 F2010 Y OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, Yhoingrule munic�'jPality located in Guadalupe County, Texas ("City"), and r-e-�dl'cb ("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 reco-,nition of the mutual benefits,to. be...derived from the controlled development of the Property and its guaranteed continued extra territorial status for a ce:-tain 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 Vie City's boundaries and authorizing enforcenrenC.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 li yes'" ; on their respective p;opercy until such property has bcCn 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 au 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 Cin!of Cibolo Page?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 hcreurider this p ovision 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 laves 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 grope. y with this Agreement serving as a petition foi voluntary m.-tnexation. 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%ibolo, a home ruie rnunicipaiity in Landowner: Guadalupe County, Texas M P-- By: By: Bruce Pearson, Cibolo Cite Manager Or Address: y- Randal Anderson, Senior Planner City: ,4 I+ State/Zip: j 1S 7 e?% 7 Date: Date: Citv of Cibolo Page 4 of 4 TLGC~43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT � nr-d ��ti^YG`Y � TT..c . iJ.I,— Li kx e LJQ appeared in person before me today and stated under oath: "My name is �I cz,w e ) M , E . 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 11 ge L )tano,r ,n n 1 -7 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for �7. wy c�s a 1!3e C- PQj purposes." "Further, my property- is currently being used for the following uses: r Signed: Printed Name: NEED .u...,,r ca-.i bt�fbrt nit on �t . . ES My CommissionNExpires Ju►y 16,2012 Notary Public, State of T as Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing m 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 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_ Tnternational, Private Se'%v age 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 LILY - 1q +-�; 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), andAPbvt1 P.o L. A<"'LA2 _ Com,tvIrF A2 ("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_develot)ment 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 authorizi2ig entorcement 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 Pave] 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 agreemeit ("Existing Uses'j, on their respective proper%y until such property has bccn 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 thow she arca 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 isdefinedas any plat authorized by City of Cibolo Pate?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Gover111nent 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 hercuildc-1 i:iuS pI-OV1SI0fl filen said action Siia11 uc deemed-a rt:gaest- 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 laves 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 armexation. 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 Pase 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 ofCiboio, ahomeruleittunici ality in " Laiidowiier: Guadalupe C unty, Texas By G By: KW%9-o L. &-,60-z - GNA ie A Br earson, C�boio to Manager or Address: :52S , -J f Qd dal Anderson, Senior Planner City: M A Z i State/Zip: T E x A g Date: 7ZI Date: Ci — a b 1 i3 Cite of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT L^r. T + 7 f l 3.a.v;4- ✓f 1 �_�' _a1 rJs i� � Status r,�.ra C7s!�r L lT--- ;J R, i.t..4., ��.111,.1. 'l.l t.2•..�' 1 0.m.tte . A - U��-C�n,h.t rc A. kt appeared in person before me today and stated under oath: "My name isl2Ay�IKc�i- feu l -�Can,wl+�R Aur/04-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 _3 Z S S-tz+ lfiP VA , Said property is appraised for ad valorem tax purposes under the Texas Tax Code for (44� {L i G LLL to rF- purposes." "Further, my property is currently being used for the following uses: �a 12i Cu L+o ie£ Signed: , Printed Name:4!!��4 S ;D) under oath before me on PEGGY CIMICS r Notary Public,State of Texas -� My Commission Expires Notary Public, State of Texas y; o; ;;;'' August 01,2010 y 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 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 "78-3 International 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 1 of 2 Guadalupe CAD Property Search Results > 69664 AGUILAR RAMIRO & CONNIE A for Year 2010 Property Account Property ID: 69664 Legal Description: ABS: 272 SUR:J M ROSA 10.8600 AC. Geographic ID: 2GO272-0000-00100-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: AGUILAR RAMIRO&CONNIE A Owner ID: 57184 Mailing Address: 325 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: + $96,917 $901 +)Timber Market Valuation: + $0 $0 ----------------------- {=)Market Value: _ $96,917 -)Ag or Timber Use Value Reduction: — $96,016 ----------------------- {_)Appraised Value: _ $901 (-)HS Cap: — $0 P=) -Assessed Value: _ $901 Taxing Jurisdiction Owner: AGUILAR RAMIRO&CONNIE A 0/6 Ownership: 100.0000000000% Tonal Value: $96,917 I Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $901 $901 $0.00 PCO GUADALUPE COUNTY 0.334500 $901 $901 $3.01 LTR LATERAL ROAD 0.055000 $901 $901 $0.50 SCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $901 $901 $12,79 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $16.30 Taxes w/o Exemptions: $16.30 Improvement/Building No improvements exist for this property. http:i/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69664 5/25/:010 Guadalupe CALL - Property Details -Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 DIA IMPROVED AVG 10.8600 473061.60 0.00 0.00 $96,917 $901 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $96,917 901 901 $0 $901 ,'t009 $0 $96,917 912 912 $0 $912 2008 $0 $96,917 912 912 $0 $912 2007 $0 $74,920 891 891 $0 $891 2006 $0 $48,336 858 858 $0 $858 Deed History -(Last 3 Deed Transactions) ;# Deed Date Type Description Grantor Grantee Volume Page 1 4/24/2004 12:00:00 AM OT OTHER AGUILAR RAMIRO 4-A TRUST 2002 0893 OT OTHER AGUILAR RAMIRO 544 646 t Questions Please Call (830) 303-3313 r 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=69664 5/25'2010 p CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated •�• , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and axint Ufnkle S ("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 withir, the City's boundaries and authorizing enforcen>cal 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 Ll- 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 i } 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 C'Existing Uses `), on their respective property until such property has u ,en 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 agreenient. Except. that, regardless of how the arcu'is Linen 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 Citv of Cibolo Page?of 4 TLGC§43.035 Development Agreement a 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 riot allowed liereuiider this p ovisioii then said action sha11 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 -%,oluntary 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 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 ruie muni ity iIi Landowner:Guadalupe nty, Tex By: L y Y,i, B yq b� 4B ' �� earson, cibolo city �Address: � O al Anderson, Senior Planner City: State/Zip: Q � Date: Date: "' d Cite of Cibolo Pape 4 of 4 TLGC§43.03;Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT �i�riii` �t�+t�1�i C��? �i'�"" 1 L F`1 SCS / rh yr L S✓ia r s appeared in person before me today and stated under oath: "My name is 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 :T/-/ /0 all?s 7` /--/:J -9"S. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for rpurposes." "Further, my property is currently being used for the following uses: Signed: Printed Name: r a L ry ny Yc1 Yr,-� h. iv1✓:, ander oath before nie on ? -1q -10 2010. r PEGGY CIMICS °2 Notary Public,State of Texas my Commission Expires Notary Public, State of Texas °'•./ejiAugust 07,2010 44 M10 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated `7 /� /� , 2010 ("Effective Date"), made �by and between the CITY OF CIBOLO, TE S, a home rule municipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and _WHEREAS, in recognition of the mutual benefits.to-be.derived from the controlled developn;ent of the Property and its guaranteed co.Itinued extra ter:itoZo�]:§212.172 .cn e, Landowner and City desire to enter into this agreement, pursuant and 43.035 f the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continua:p� ' the extraterritorial status of the land and its immunity from annexation by the City forriod years, tending the municipality's regulatoryauthority over the land by providing for regu a ions 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 ai(.; enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use anu 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 Pate 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 Cases", on their respective properly until such pri;periy has boon annexed into the City and zoned pursuant to all applicable laws of the State of Texas anal ordinances of the City,of Cib o;sdi ""zoning to be the sole discretion of the Ci"fy. Oil, 4 )41kJ 0Q1-r" it a ppl yes f - _ 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 aaricultural—o—rwiffcMife 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 Cit agree o not interfere with the Existing Uses of the Property, are hereby extended to n y 0 — 'the Property. The Landowner further covenants, agrees and authorizes enforcement b Ca � g y r t the City of these regulations in the same manner the regulations are enforced within the l EICi s boundaries.ty' (,t' 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 Governor t Code. ThemeeLandowner and all Landowner's heirs, successors and assigns hereb 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 -hall not annex the Prop erty..for_.t'-e duration of this agreerrt�nt..._.._. Ea sept that;-ic�ardl�:ss o how mc arca is then currently appraised for a€1 valorem -iu 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 agovernmental 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 Pate 3 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 n � ye aiiuwcd heie-Laidei, L'his provision then said action shall be' deemed a rec-luest- f.,01G&n Y voluntary annexation by the City with this agreement serving as the required petition and (d r 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 t a person or entity- without the prior written consent of the other; provided, however. that no 51f)( such assignment shall operate to release the assigning party from its obligations 1 4N huh hereunder. This Agreement and all of its terms and provisions shall be binding upon and �p i- inure to the benefit of the City and the Landowner and their respective successors and ivy assigns. including all future owners of the Property. f 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 Agrcei-nent se.ti inV as a petitioil 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 Ciboio, a home rule niun ality to Landowner Guadalupe County, Texas By: �� By: B earson, Cibolo City Manager or Address: 39 7R �-ow Y-N R dal Anderson, Senior Planner Citv: State/Zip: Date: U Date: 7 q Civv of Ciboio Paae 4 of 4 TLGC§43.035 Development Agreement ` Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT St ^..f ila 17 1. LrA -12 . Appsraisall tus a.nd Circ--ens Use e--�o l peared in person before me today and stated under oath: "My nameisc�Y� '� ����' 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 p e-+ S(0, 2, CiJ6D /b, / 7 �'l�a� Said property is appraised for ad valorem tax purposes under the Texas Tax Code for ACT J urposes." "Further, my property is currently being used for the following uses: C &���Signed: Printed Name: a;v vri, u�.acr oath bcfore me on PE6GY CIMICSICS Notary Pub1ic,'State of Texas My Commission Expires Auqust 07,2010 Notary Public. State of 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 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 Guadalupe CAD -Property Details Page l of 2 Guadalupe CAD Property Search Results > 69691 SCHULZE ROBERT LEE &AARON LEE TRSTEE FOR MINOR CHILD for Year 2010 Property Account Property ID: 69691 Legal Description: ABS:272 SUR:J M ROSA 166.4400 AC. Geographic ID: 2G0272-0000-02000-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: SCHULZE ROBERT LEE&AARON LEE TRSTEE FOR MINOR CHILD Owner ID: 90207 Mailing Address: C/O ROBERT LEE SCHULZE-LIFE ESTATE %Ownership: 100.0000000000% 3972 LOWER SEGUIN RD CIBOLO,T)(78108-4008 Exemptions: Values +)Improvement Homesite Valle: + $0 (F)Improvement Non-Homesite Value: + $1,335 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $832,953 $25,298 (+)Timber Market Valuation: + $0 $0 --------------------- (_)Market Value: _ $834,288 (—)Ag or Timber Use Value Reduction: — $807,655 (_)Appraised Value: _ $26,633 (—)HS Cap: _ $0 ------------------------- (_)Assessed Value: _ $26,633 Taxing Jurisdiction Owner: SCHULZE ROBERT LEE&AARON LEE TRSTEE FOR MINOR CHILD 0/6 Ownership: 100.0000000000% Total Value: $834,288 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax rCAD APPRAISAL DISTRICT 0.000000 $26,633 $26,633 $0.00 (GCO GUADALUPE COUNTY 0.334500 $26,633 $26,633 $89.09 !LTR LATERAL ROAD 0.055000 $26,633 $26,633 $14.65 ISCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $26,633 $26,633 $378.19 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $481.93 Taxes w/o Exemptions: $481.92 Improvement/Building 5 http://propaccess.trueautomation.com/ClientDB/Property.aspx?c id=2&prop_id=69691 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sgft Value: $1,335 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WSD 896.0 BARN BARN PBD 960.0 BARN BARN WSD 504.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 146.4400 6359760.00 0.00 0.00 $732,862 $23,430 2 D1A IMPROVED AVG 13.0000 566280.00 0.00 0.00 $65,059 $1,378 3 D5A NATIVE AVG 7.0000 304920.00 0.00 0.00 $35,032 $490 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $1,335 $832,953 25,298 26,633 $0 $26,633 2009 $1,335 $832,953 25,078 26,413 $0 $26,413 !2008 $1,335 $832,953 24,610 25,945 $0 $25,945 2007 $1,302 $625,355 24,147 25,449 $0 $25,449 2006 $1,302 $403,455 24,332 25,634 $0 $25,634 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 8/19/2005 12:00:00 AM PW PROBATED WILL SCHULZE ROBERT SCHULZE AARON 1 2199 0615 2 OT OTHER SCHULZE ROBERT 351 344 Questions Please Call(830) 303-3313 Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautorriation.com/ClientDB/Property.aspx?cid=2&prop_id=69691 5/25/2010 Guadalupe CAD Property Search Results > 69692 SCHULZE ROBERT LEE &AARON LEE TRSTEE FOR MINOR CHILD for Year 2010 Property Account Property ID: 69692 Legal Description:ABS:272 SUR:J M ROSA 1.0000 AC. Geographic ID: 2GO272-0000-02010-0-00 Agent Code: Type: Real Location Address: 3972 LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: SCHULZE ROBERT LEE&AARON LEE TRSTEE FOR MINOR CHILD Owner ID: 90207 Mailing Address: C/O ROBERT LEE SCHULZE-LIFE ESTATE %Ownership: 100.0000000000% 3972 LOWER SEGUIN RD CIBOLO,TX 78108-4008 Exemptions: HS,OV65 Values (+)Improvement Homesite Value: + $72,615 (+)Improvement Non-Homesite Value: + $0 (+}Land Homesite Value: + $10,005 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $82,620 (—)Ag or Timber Use Value Reduction: — $0 (_}Appraised Value: _ $82,620 (—}HS Cap: — $0 (_)Assessed Value: _ $82,620 Taxing Jurisdiction Owner: SCHULZE ROBERT LEE&AARON LEE TRSTEE FOR MINOR CHILD %Ownership: 100.0000000000% Total Value: $82,620 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $82,620 $82,620 $0.00 DISTRICT GCO GUADALUPE 0.334500 $82,620 $67,620 $185.48 $185.48 COUNTY LTR LATERAL ROAD 0.055000 $82,620 $67,620 $26.27 $26.27 SCS SCHERTZ- 1.420000 $82,620 $57,620 $216.62 $216.62 CIBOLO-U.C. ISD Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $428.37 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69692 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 Taxes w/o Exemptions: $1,495.01 Improvement/Building Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1424.0 Value: $72,615 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 5 AB 1954 1424.0 STGA conv code STGA SP AB 2000 64.0 AGF ATT GARAGE-FIN * AB 2000 572.0 CP COV PORCH AB 2000 60.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $5,005 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $72,615 $10,005 0 82,620 $0 $82,620 2009 $74,856 $10,005 0 84,861 $0 $84,861 2008 $74,856 $10,005 0 84,861 $0 $84,861 2007 $71,642 $8,757 0 80,399 $220 $80,179 2006 $65,466 $7,424 0 72,890 $0 $72,890 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/31/2005 12:00:00 AM CD CORRECTION DEED SCHULZE AARON I SCHULZE ROBERT 2207 0559 2 8/19/2005 12:00:00 AM PW PROBATED WILL SCHULZE ROBERT SCHULZE AARON 1 2199 0615 3 OT OTHER SCHULZE ROBERT 351 344 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 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?cid=2&prop_id=69692 5/25/2010 Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 69692 SCHULZE ROBERT LEE&AARON LEE TRSTEE FOR MINOR CHILD for Year 2010 IJI Property Derails - -- -- - p`� Account Property ID: 69692 - 2G0272- Geo.ID: 0000.02010- - - 0-00 Type: Real ABS:272 Legal SUR:J M Description: ROSA 1.0000 AC. Locsaon ;Address:.- 3972..... 80704 LOWER SEGUIN RD j Neighborhood: Mapsco: Jurisdictions: �'�' owner Name: SCHULZE ROBERT LEE 3 AARON 49641 09802 LEE TRSTEE j FOR MINOR CHILD Address: CIO ROBERT LEE SCHULZE- LIFE ESTATE 3972 j LOWER SEGUIN RD - CIBOLO,TX 78108.4008 ,Property Appraised Value:$82,620 1b Map Layers i Radius Search 69673: Website version:1.2.2.0 Database last updated on:5/312010 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=2&prop_id=69692&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated /,2Q 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and �c�sF,o,U/, S'��/�; ("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 _xtra 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 regu .tions are enforced within the City's boundaries and ati lhorizing enforcement by the City of certain agreed 'upon laird 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 Page I of 4 TLGC§43.035 Development Agreement 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 ("Exisi:ii2g Uses''j, on their respective propei-ty until sLiG 1 pruperLy 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, rcuardl�--ss of :pow «c area is tucn currently appraised for ad valorern amu; 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 Cine of Cibolo Page of 4 TLGC$x}3.03?Development Agreement Z 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 pian, plat approval orpermit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use iivt aiA )wed neteialidei i.iiiS provision then said action shall bc,; deemed a. requesL 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 i iboio, a home aie tunic' a!' y'111 Landowner: UJrTti �. �`9 t_S Guadalupe County, Texas r By: ByJ.,earson. BrCibolo Cry Manager or Address-Rason, Senior Planner City: _,/Y State/Zip: —7 Date: G�c_2 1 Date: -7 /,;;?, 0 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Status andf .:l, .arit Uses r % 7-M t Ar WRIS _appeared in person before me today and stated under oath: �N GJ F,��s , 'S z "My name is_ 1st arra =� I am competent to make this affidavit. The facts stated in this affidavit are within my pe}�sonal knowledge and are true and correct. (/-310 o) ,Ri m v, , 78/.2 i'll, lam the owner of the property located at - Said property is appraised for ad valorem tax purposes under the Texas Tax Code for y / Rit-1jL721 R)qpurposes." "Further, my property is currently being used for the following / uses:�iAf�'C VF SZ]7 Signed: 'X.0,04'. �vsE PN 41 J-s)�'7?,S Printed Nam SI;:, vED under oath before me on LF!-' (PEGGY CIMICS lNotary Pubtic,State of TexasMy Commission Expires Notary Public, State of Texas August 07,2010 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 590 Subdivision Regulations 583 Sign Ordinance 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 Cole 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 78.3. International 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 1 of 2 Guadalupe CAD Property Search Results > 63375 FARRIS JOSEPH W SR & JUDITH E for Year 2010 PropE.-.y Account Property ID: 63375 Legal.Description: ABS: 1.34 SUR:JOSE FLORES 1.0000 AC. Geographic ID: 2G0134-0000-04205-0-00 Agent Code: Type: Real Location Address: 1369 SCHIVOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FARRIS JOSEPH W SR&JUDITH E Owner ID: 102222 Mailing Address: 1393 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TK 78124-6009 Exemptions: Values (+}Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $6,052 4+)Land Homesite Value: + $0 +)Land Non-Homesite Value: + $13,421 Ag!Timber UseValue (+)Agricultural Market Valuation: + $0, $0 +).Timber Market Valuation: + $01, $0 (_)Market Value: _ $19,473 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $19,473 (—}:iS Cap: — $0 -------------------------- (_)Assessed Value: _ $19,4.73 Taxing Jurisdiction Owner: FARRIS JOSEPH W SR&JUDITH E %Ownership: 100.0000000000% Total Value: $19,473 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $19,473 $19,473 $0.00 GCO GUADALUPE COUNTY 0.334500 $19,473 $19,473 $65.14 LTR LATERAL ROAD 0.055000 $19,473 $19,473 $10.71 MAS MARION ISD 1.220000 $19,473 $19,473 $237.57 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $313.42 Taxes w/o Exemptions: $313.42 Improvement/Building http://propaccess.tr,ueauton,ation.com/clientdb/Property.aspx?prop_id=63375 5/25"2010 M Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: MOBILE State Code: E2 Living Area: sgft Value: $6,052 HOMES Type Description Class CD Exterior Wall Year Built SQFT DC DET CARPRT DCL 2006 4750.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $8,421 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Rol!Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $6,052 $13,421 0 19,473 $0 $19,473 2009 $6,052 $13,421 0 19,473 $0 $19,473 2008 $6,052, $13,421 0 19,473 $0 $19,473 X007 $12,401 $11,372 0 23,773 $0 $23,773 2006 $10,970 $9,111 0 20,081 $0 $20,081 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/21/2007 12:00:00 AM SWD SPECIAL WARRANTY DEED FARRIS JOSEPH VA FARRIS JOSEPH V1 2535 0328 2 9/30/2005 12:00:00 AM PD PARTITION DEED FARRIS JOE WILLIE FARRIS JOSEPH 1A 2228 0494 3 6/28/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED FARRIS JOE W SR FARRIS JOE WILLIL 2185 0622 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 s, PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. i. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63375 5/25x'2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated '7 v�® , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a ome rule municipality�ocated in Guadalupe County, Texas ("City"), and p j�/,f f h,"a(`'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 Properly 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 aiAhorizing enforcement by the City of certain agreed upon lauu 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 Pave 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 paperty ilas 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;-low the area is then cun•ently appraised for ,ad valorem. tux purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by Cin-of Cibolo Paae Z 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 ni ail`JW:,d hei-cuidcf this provision theti said action shall budr eemed a c..l uCSt foi 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. Civv of Cibolo Pane 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. �E PIA City of"Cibolo, a h�m�'r"ule i�l >cip icy iti Landowner. Guadalup o ty, Texas B By: Y, 9�5BTC earson, Cibolo City Manager OT Address: i3 dal Anderson, Senior Planner City: aMi9-R,rz):A(— State/Zip: yyll Date: Date: V Cite of Cibolo Page 4 of 4 TLGC§43.03 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT S!,Ll.l..ly - d r7u7rem !-TS:—, JF� appeared in person before me today and stated under oath: -s)SPf4 ZJ. r R-A l s SW "My name is �r X� rqRf e I am competent to make this affidavit. e 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 L323, Said property is appraised for ad valorem tax purposes under the Texas Tax Code for �` I1 Lj 2 jR/2 purposes." "Further, my property is currently being used for the following uses: 1409W V,-g j 1W(�-�� E0�9(ZTZ2 (r A S' 6�5 >9 Signed: t�S.: H Printed Nal Sl 1\,`ED wider oath before me on R'rc. .�.'."„•., PEGGY ciMtcs / °it' Notary Public,:hate of Texas „_ My commission Expires �::;;•�;: August 07,2010 Notary Public.. State of 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 775 2005 NFPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 7.79 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 78Q Ir_terr_ational Private Sewage Disposal Code 20G6 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63355 FARRIS JOSEPH W SR &JUDITH E for Year 2010 Property Account Property ID: 63355 Legal Description: ABS: 134 SUR:JOSE FLORES 8.9395 AC. Geographic ID: 2GO134-0000-03100-0-00 Agent Code: Type: Real Location ,Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FARRIS JOSEPH W SR&JUDITH E Owner ID: 102222 Mailing Address: 1393 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TX 78124-6009 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $908 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value +)Agricultural Market Valuation: + $75,280 $1,430 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $76,188 7-)Ag or Timber Use Value Ri�duction: — $73,850 (_)Appraised Value: _ $2,338 —)HS Cap: — $0 ---------------------- Assessed Value: _ $2,338 Taxing Jurisdiction Owner: FARRIS JOSEPH W SR&JUDITH E `?'o Ownership: 100.0000OOOOCO% Total Value: $76,188 ;Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax -CAD APPRAISAL DISTRICT 0.000000 $2,338 $2,338 $0.00 .GCO GUADALUPE COUNTY 0.334500 $2,338 $2,338 $7.82 ,LTR LATERAL ROAD 0.055000 $2,338 $2,338 $1.29 MAS MARION ISD 1.220000 $2,338 $2,338 $28.52 Total Tax Rate: 1.609500 Taxes wlCurrent Exemptions: $37.63 Taxes w/o Exemptions: $37.63 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63355 5/25'2010 r Guadalupe,CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $908 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WSD 360.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 8.9395 389404.62 0.00 0.00 $75,280 $1,430 Roll Value History 'Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $908 $75,280 1,430 2,338 $0 $2,338 X009 $908 $75,260 1,421 2,329 $0 $2,329 2008 $903 $75,280 1,395 2,303 $0 $2,303 2007 $867, $57,345 1,377 2,244 $0 $2,244 2006 $925 $36,997 1,386 2,311 $0 $2,311 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/21/2007 12:00:00 AM SWD SPECIAL WARRANTY DEED FARRIS JOSEPH V\ FARRIS JOSEPH V1 2535 0328 2 9/30/2005 12:00:00 AM PD PARTITION DEED FARRIS JOE W-VLl FARRIS JOSEPH V\ 2228 0494 3 OT OTHER FARRIS JOE W-VLI 593 819 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 Ri,lhts PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. t 1 http://propaccess.trueautomation.cum/ClientDB/Property.aspx?cid=2&prop_id=63355 5/25/%.010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT "("A reementr ("Agreement"), dated 72 Q , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality loca end in Guadalupe County, Texas ("City"), and ("Landowner"); 0�- 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 f 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 -.he City's boundaries and authorizing ciiforcemeat by tine 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 Paae 1 of=t 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`j, on their fcsliective property until such property iias 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 an,'. that it shall not annex the Property for the duration of this agreem:-nt. Exccpt that, regardless of ho,;,,, the arca is then currently appraised for ud "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 Pate 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 2')2 of the Texas Local Govermnent Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. VoIuntary 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 piovisibn Hien said action shall be cieemed 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. Citi-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 Ciboio, a home ruie in ipality iii Latidowner: �py GU -/ ftiRt Guadalupe :ty, Texas j rR By: By: �S C7 rl Bru ,Pearson, Cibolo City Manager or Address: h�. R dal Anderson, Senior Planner City: State/Zip: Date: 7 l 1 Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT 4-4 bLT14 .i5 'ameaare-d in person before me today and stated under oath: "My name is 1 7W I am competent to make this affidavit. The facts stated in this affidavit are within my per onal knowledge and are true and correct. (136 9 .SCHNt.OE K �.�a,/�f1 l o V, ?$1�,4) I am the owner of the property located at& c67-7p 43,23&-uMQZ- S 14A-;r I0,V Said property is appraised for ad valorem tax purposes under the Texas Tax Code -rX7elzX for �. 7 /,(.� �A1 purposes." "Further, my property is currently being used for the following uses: ( oa.9 r Az .ERNI t iag �iS f�� /lA t( Signed: Printed Nai . i",q , SSLR _ SlaNED under oat: gore m. ari PEGGY CIMICS / `°•' Notary Public,State of Texas ! My Commission Expires '�i', August 07, tot 0 Notary Public, State of 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 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 Cade 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63374 FARRIS JOSEPH W SR & JUDITH E for Year 2010 Property Account Property ID: 63374 Legal Description: ABS: 134 SUR:JOSE FLORES 5.1343 AC. Geographic ID: 2G0134-0000-04200-0-00 Agent Code: Type: Real Location Address: SCHMOEKEL RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FARRIS JOSEPH W SR&JUDITH E Owner ID: 102222 Mailing Address: 1393 SCHMOEKEL RD %Ownership: 100.0000000000% MARION, TX 78124-6009 Exemptions: I Vai ues (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+}Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $43,236 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 f=}Market Value: _ $43,236 -)Ag or Timber Use Value Reduction: - $0 ----------------------- (_}Appraised Value: _ $43,236 -) HS Cap: - $0 ------------------------ (_)Assessed Value: _ $43,236 Taxing Jurisdiction Owner: FARRIS JOSEPH W SR&JUDITH E %Ownership: 100.0000000000% Total Value: $43,236 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $43,236 $43,236 $0.00 GCO GUADALUPE COUNTY 0.334500 $43,236 $43,236 $144.62 LTR LATERAL ROAD 0.055000 $43,236 $43,236 '$23'78 WAS MARION ISD 1.220000 $43,236 $43,236 $527.48 Total Tax Rate: i 1.609500 Taxes w/Current Exemptions: $695.88 Taxes w/o Exemptions: $695.88 improvement/ Building No improvements exist for this property. i Guadalupe CAD - Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 5.1343 223650.11 0.00 0.00 $43,236 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $43,236 0 43,236 $0 $43,236 2009 $0 $43,236 0 43,236 $0 $43,236 2008 $0 $43,236 0 43,236 $0 $43,236 .2007 $0 $32,833 0 32,833 $0 $32,833 2006 $0 $21,183 0 21,183 $0 $21,183 Deed History -(Last 3 Deed.Transactions) ;# Deed Date Type Description Grantor Grantee Volume Page 1 9/21/2007 12:00:00 AM SWD SPECIAL WARRANTY DEED FARRIS JOSEPH V� FARRIS JOSEPH V1 2535 0328 ..2 9/30/2005 12:00:00 AM PD PARTITION DEED FARRIS JOE W SR FARRIS JOSEPH V1 2228 0494 3 5/2/1996 12:00:00 AM OT OTHER FARRIS JOE W SR 1205 0535 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+. i. t .t OF C/i4 111,1N1j111111fN1//N//jyHO u �` � _ O 011111 1� T X A S "City of Choice" July 20, 2010 Joseph and Judith Farris 1393 Schmoekel Road Marion, TX 78124 Re: Non-Annexation Agreement Property ID 63374 Dear Mr. & Mrs. Farris: Thank you for visiting with me to explain the circumstance about the above referenced property. You explained that the subject property, that we found listed in the official Guadalupe County Appraisal District (GCAD) records as one parcel, being 5.1343 acres in area, with an agricultural exemption that covered the entire5.1343 acre site, was actually comprisedof two parcels. One of those two parcels is 4-.4343-acres-in-area and has an agicd tu-ral exemption._The other parcel is 0.70 acres in area and does not have an agricultural exemption. You further indicated that you visited with GCAD staff to inform them of this error and had GCAD amend Property ID 63374 to reflect this fact. The attached Property Field Review Card 2010 reflects this adjustment. As I indicated today, the City of Cibolo will offer the Non-Annexation Agreement to cover the entire 5.1343 acre parcel, per the GCAD records as they existed at the time of beginning the annexation proceedings. It is within the purview of the City to extend the Non-Annexation Agreement to that portion of the parcel that does not have an agricultural exemption. I have attached a copy of this letter and the amended Property Field Card 2010 to the Non- Annexation Agreement that we executed today to reflect this consideration between yourselves and the City of Cibolo. The Non-Annexation Agreement and this letter will be duly filed with the City Secretary of the City of Cibolo. Sincerely, i y�l Randal Anderson, AICP Senior Planner 200 South Main Street,P.O. Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687 GUADALUPEjAF'F' STRi a fiiv E ill -l4RQ 2b3C1 �. � _ _ _ � o2z2� S E PROP ID: 63374 TYPE: Real DBA: FARRIS JOSEPH W SR$JUDITH E 102222 CAD w T00% IMPROVEMENT ABS' 134 SUR: JOSE FLORES 5.1343 Al 1393 SCHMOEKEL RD 100 00% GCO 100% LAND MKT 0 0 GEO ID: 2GO134-0000-04200-0-00 MAP ID: + REF IDI: R30816 REF ID2: P-6 MARION,TX 78124-6009 US LTR 100% - 43,236 43,236 MAPsco: MAS 100% MARKET- - 43,236 43,236 SITUS : SCHMOEKEL RD TIF: N PROD Loss p 37,031 PROP USE: SUB MKT: EFFECTIVE ACRES: 16.0738 AppR"'SED 43,236 6,205 GSA : 0 NRA: 0 UNITS 0 HS CAP,LOSS. AS0 sessEo = 0 43,236 E 6,205 UTILITIES: LA§TAPPRYR '" 2010 • m.� ::,sc` TOPOGRAPHY::. LAST APPR`4„i ES CAP SA§IS YR. NBHD APPR ROAD ACCESS: LAST INSPGATE I' 04/08/1998 SUBDVAPPR 5> 20NING:'. NEXT INSP DATE:- LAND3:-PR. ' GROUP CODES•: ' AG10,FMA,REM REC VALUE APPR.r. NEXT REASON:, x H BN -.ISSUE DT " = 'PERMITf^ 'TYPE.$S7a?ESTVALUE r APPR K;'-BUILDER.'' �' ,?COMMENT ' "GPt:YAC": EGR-t-''OTHERINC' EGI�'�EXPENSE M-?;a-sTA7(E '�`_,. .�- " METHOD?7 _ INC.VALUE TAX AGENT:. PHONE: GROSS SOFT: NET SQFT: LINKED ACCTS: RECONCILED VALUE: CASE ID'' DATE''- ,',."APPR ,STATUS`•'OWNER,CONMEM8 ' '� "xw ""' "-"""" - ,� STAFF;COMMENiS= ,: SA . u LE DTSALE•TYPE':RATIO FIN Cl-FIN';T 1�! •�' •� 3': ""4"•"' :PRICE 'CO TERM' SQF7, SP/SQFT,xC73T`�MP221F r2ND IMPRI/ .,,.'� GRANTOR T7 ,''CONSID "DEED BOOfC ID DEED PAGE 09/21/2007 ""`«•«'. = FARRIS JOSEPH ,....` .S 09/30/2005 `"`""" W D 2535 0328 FARRIS JOE W S ""'• PD 2228 0494 05102/1996 '""•"" DT OT 1205 0535 ne TYPE DESCRIPTION ? ':1AT'HDLAS3/SI18CL AREA"?UN PtRICEUNITS'STBUILTEFFYR CONO: UEDEPR Pte=EcoN'FUNc?"" = "TADJ-TYPE..x`ApJ AMT (-ADJ% PTK)N:` - $ESCRIr -. _...._ ,._ UNITS,CODE VALUE i 2EGIOf1i,2i BO .:1� ,..B•__: BEET TK7 .. .R DESCRIPTION - TYPE 'SOIL"-' CLS '?ABLE �rSC HS` � .,z•.,.METi�,� •:-DIMENSIONS' �UNITPRICE.-�ADJ'sM/tS5`ADJ �YAL SRC 'MKT�VAL LL �`�" '-=: --F ..}.ADJ TYPE _; _ .:._.... I. G29 G29 G29 D2 N A 0.7000 AC 8,421.02 1.00 1.00 A 5,895 AIM AMT AG AG USER-AG TABLE` AG UNIT PRC AG VALUE ?. G29 G29 G29 D3 N A 4.4343 AC 8,421.02 1.00 1.00 A 37.341 N D3G 160.00 0 Y 1D1 D5G 70.00 310 43,236 310 Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 07/14/2010 11:13:42AM b MELIEM y True Automation,Inc. CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (`'Agreement"), dated _ � 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, T AS, a home le munici Bitty located in Guadalupe County, Texas ("City"), and ����tfyr` ("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. Citv of Cibolo Paae 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 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 thcii 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 Paae 2 of 4 TLGC§43.035 Development Agreement ` Chapters 212 or 232 of the Texas Local Governinent 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 ahowea hereunder tips provis ,ii then said actioii sha;i 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 voluntaky annexation of the prop ;riy 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 Pase 3 ofd TLGC§43.035 Development Agreement ` EXECUTED by the parties hereto to be effective as of the date first set forth above. City of C116oio, a tiome-ru e municipality nt Landowizer: Guadalupe County, Texas ---z By: By: > ► 1 Per BrUC &arson. Cibolo City Manager o Address: 109n 60L-to k0l Randal Anderson, Senior Planner City: State/Zip: X 7(?,) I ?d Date: 7 L Date: Citi-of Cibolo Page 4 of 4 TLGC§43.03-5 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT ^f ! a,v '^.Y3"Y.l�sci1, a tC: l't ,a 1=. uiTP + T..l ns`^ i- '..J appeared in person before me today and stated under oath: "My name is 0 ba n ..&—J�'�. 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 I Om ec i D 0 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 00yp1-hurposes." "Further, my property is currently being used for the following uses: Signed: Printed Name: ' 11J- EH) LiiiUC:i cul,ii Gciili': me on f 2" SHEILA M.EDMOND30N *; MY COMMISSION EXPIRES Notary Public, Stat f Texas . , An 9,2012 N t' Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of Citv 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 775 2005 NTEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 774 _ _ _ 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 uuaaaiupe ufw - rroperty vetaus rage 1 or L `Guadalupe CAD Property Search Results > 63425 SCHAEFER ALWIN F & IRENE for Year 2010 Property Account Property ID: 63425 Legal Description: ABS: 134 SUR:JOSE FLORES 0.5000 AC. Geographic ID: 2G0134-0000-06310-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: 11-11 OW Owner Name: SCHAEFER ALWIN F&IRENE Owner ID: 51496 Mailing Address: 1089 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $268 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $5,387 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $5,655 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $5,655 (—)HS Cap: — $0 (_}Assessed Value: _ $5,655 Taxing Jurisdiction Owner: SCHAEFER ALWIN F&IRENE %Ownership: 100.0000000000% Total Value: $5,655 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $5,655 $5,655 $0.00 GCO GUADALUPE COUNTY 0.334500 $5,655 $5,655 $18.91 LTR LATERAL ROAD 0.055000 $5,655 $5,655 $3.11 MAS MARION ISD 1.220000 $5,655 $5,655 $68.99 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $91.01 Taxes w/o Exemptions: $91.02 Improvement!Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63425 5/25/2010 Uuaaampe uAiI - Property tjetails Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1412.0 Value: $268 sgft Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 WS 0 1412.0 F/V FLAT VALUE F/V WS 2000 0.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 0.5000 0.00 0.00 0.00 $5,387 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $268 $5,387 0 5,655 $0 $5,655 2009 $270 $3,121 0 3,391 $0 $3,391 2008 $374 $2,628 0 3,002 $0 $3,002 2007 $473 $2,389 0 2,862 $0 $2,862 2006 $460 $1,784 0 2,244 $0 $2,244 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 1/22/1991 12:00:00 AM OT OTHER SCHAEFER ALWIN 940 697 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=63425 5/25/2010 map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 63425 SCHAEFER ALWIN F 81RENE for Year 2010 Properly Details i' QL1; Zoom Account Property ID: 2GO1 \ \l / 2G0134- Geo.ID: 0000-08310. 0.00 !Type: Real 69511 ABS:134 \ 63435 Legal SUR:JOSE - \` Description: FLORES 0.5000 AC. !Location Address: BOLTON 03581 91 RD TX Neighborhood: IH 10 WEST I Mapsco: l JurisdJurisdictions: CAD.�Q,ns: LTR.MAS i Owner ;Name: SCHAEFER ALWIN F i IRENE Address: 1089 BOLTON 83426 RD MARION, TX 78124 a342k propwty Appraised Value:$6,655 Map Layers a33a2 11�Radius Search 63492 .. Website version:1.2.2.0 Database last updated on:SM2010 8:47 PM 0 2010 True Automation,Inc.A9 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=2&prop_id=63425&year=2010... 5/25/2010 OF C/ M"IIIIIIIINIUgN/Niyy� �����N/H/Nf g111111j11 TeX As "City of Choice" June 17, 2010 VIA: CERTIFIED MAIL Adams, Gilford A 5409 Salisbury Dr EI Paso, TX 79924 �r 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, wildlifemanagement, or timberland use und.er_the Tax Code please.contact.us.immec[igte[y. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by them City of certain land•use and development regulations. Please review the attached agreement ver; 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street. PO Box 826 .Cibolo.Texas.78108.main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 2.10-658-9900 E-mail: randerson@c.ibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, wise' Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main [210] 658.9900.fax[210] 658.1687 GuaAalupe CAD -Property Details Page 1 of 2 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/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 f=)Assessed Value: _ $28,173 Taxing Jurisdiction Owner: ADAMS GILFORD A b/o 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 SCO GUADALUPE COUNTY 0.334500 $28,173 $28,173 $94.23 LTR LATERAL ROAD 0.055000 $28,173 $28,173 $15.50 lAAS 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 ,im rovement#1: RESIDENTIAL State Code: E3 Living Area: 0.0 sqft Value: $2,246 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63297 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 Type Description Class CD Exterior Wall Year Built SQFT MH 'MOBILE HOME UNK 0.0 BARN BARN WBD 800.0 BARN BARN WBD 800.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 124.6000 5401440.00 0.00 0.00 $717,097 $19,936 2 DIG IMPROVED GOOD39.4800 1698840.00 0.00 0.00 $227,215 $4,185 3 D5G NATIVE GOOD 20.0000 871200.00 0.00 0.00 $115,104 $1,400 4 D5A NATIVE AVG 7.0000 304920.00 0.00 0.00 $40,287 $406 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $2,246 $1,099,703 25,927 28,173 $0 $28,173 2009 $2,246 $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 2006 $2,246 $523,645 24,888 27,134 $0 $27,134 Deed History-(Last 3 Deed Transactions) # —need Date Type Description Grantor Grantee Volume Page 1, 9/8/1993 12:00:00 AM OT OTHER ADAMS GILFORD 1 1065 0676 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+. J http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63297 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a ome ule}�unic li located in Guadalupe County, Texas ("City"), and ,e� d) 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 statas 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 enforce, within the City's -boundaries and authorizing cn orcenien by the Ciiy of ceriain agreed upon land use aird 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 Paae 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"), oii 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 thanthe 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 hov., the arca is then cu.:cntiy appraised for advaloremtax 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 hereui dCr this provision then said action shah 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 Paae 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 some rule municipality Landowner: Guadalupe Co nty, Texas B :� By: y Br e Pearson, Cibolo Ci ager or Address: � � ,S � � � andal Anderson, Senior Planner �`^ City: K,.��.• State/Zip: Date: OZOZ Date: Cite of Cibolo Pase 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidav ` of Tax 1`� j;� is .l Status d Current Uses [444L`14peared m Terson before me today and stated under oath: "My name is o I am competent to make this affidavit. The facts stated in this of idavit are within my personal knowledge and are true and correct. 0-4 1. t I3 � -,�. z-&10. 4-Qo� i Ce I.o S(A , I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." "Further, my property is currently being used for the following uses: Signed: aa�� Printed Name: A _ S., ED- under oath before in,- on () - S' . . . .. :. . . . 1 «�o«�0000 NANCY M.GARCIA Notary Public STATE OF TEXAS Notary Public, State of ex s �+a my Comm.Exp.07-06-11 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo nrdinanc;e 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 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 7R3 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations rX * 0 �o TAX AS "City of Choice" June 17, 2010 VIA: CERTIFIED MAIL Adams, Gilford A 5409 Salisbury Dr EI Paso,TX 79924 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:immedicately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement vent' 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main [210] 658.9900.fax[2101658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx aov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cwt Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main [210] 658.9900.fax[210] 658.1687 Guadalupe CAD - Property Details Page ] of 2 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: 2G0090-0000-00100-0-00 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 Vaiue: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (I-)Land Non-Homesite Valua: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $109,349 $2,410 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $109,349 (-j Ag or Timber Use Value Reduction: — $106,939 (_)Appraised Value: _ $2,410 (—)HS Cap: _ $0 ---------------------- (=j Assessed Value: _ $2,410 Taxing Jurisdiction Owner: ADAMS GILFOkD 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 PCO GUADALUPE COUNTY 0.334500 $2,410 $2,410 $8.06 QTR LATERAL ROAD 0.055000 $2,410 $2,410 $1.33 VIAS MARION ISD 1.220000 $2,410 $2,410 $29.40 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $38.79 i Taxes w/o Exemptions: $38.79 Im.Frovement/Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61822 5/25/7.010 ijuactampe UAL) - Property Details --Page '2 of 2 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 $1,920 $40,287 $490 Roll Value History ,Year Improvements Land Market Ag Valuation Appraised HS Ca "2010 $0 $109,349 PP P Assessed 2009 $0 2,410 2,410 $0 $2,410 . $109,349 2,363 2,363 1�2008 $0 $109,349 $0 $2,363 2,285 2,285 $0 $2,285 2007 $0 $80,707 2,200 2,200 12006 $0 $52,068 $0 $2,200 2,198 2,198 $0 $2,198 Deed History -(Last 3 Deed-Transactions) 1# Deed Date Type Description Grantor Grantee Volume Page j1 9/8/1993 12:00:00 AM OT OTHER ADAMS GILFORD E 1065 0676 i Questions Please Call (830) 303-3313 i Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 ®2010 True Automation, Inc.All Rights PM This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. Reserved. Privacy Nctice r i i r http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61822 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a home rule u 'cipality 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 arc enforced within the City's boundaries and auihorizing enforcement by the City of certain agreed upon land use aiid 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 agreomei < (`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 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 arca is then currently appraised for advaloretr, 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 Paae 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 alt lower: 'hereundcr this provision Bien said action shall be deemed a request' sur, 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 seg ving 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§43.033 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule muniL'ipaii'LV ' Landowner: Guadalupe County, Texas By: By. 411"21 arson, Cibolo City Manager or Address: �V t nderson, Senior Planner y �� ;�n Cit State/Zip: z '7q(?i r� -7C Date: ` Date: ` tIO Citv of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit n.'TL._'_ ^/t:+�i2��.�ce.11. Si,u.lS � �:f�� �.LI°1e!ii TMJ v�:J \J 1 i.---f4 t A &+ d4,;�6 a eared in person before me today �1' r y and stated under oath: "My name is I am competent to make this affidavit. The facts stated in this of idavit are within my personal knowledge and are true and correct. #&-'4o Sup*• 14.ova 4-e I am the owner of the property located at'g 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: Signed: Printed Name: A` A d,4M 5 .. , er ou �h d' 'h on be.ore ille ,u 00000 Apr► NANCY M.GARCIA Notary Public STATE OF TEXAS Notary Public, State of Te a My Comm.Exp.07-08-11 i Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of Citv 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 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 7.79 _ __ International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 7.83 International Private Sewage Disposal Cou- 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations p � � C� JUS Z 2 2010 ! CIT OF CIBOLO NON ANNEXATION 8y VELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ��— �3 er( C 9 ("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, ia_recognition of the mutual benefits to be derived from the controlled-development of the Property and its guarantee%,] continued extra territorial status i'or 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 uoundahes 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 lags of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. Cite 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: I. 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 watii such prop erty 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 Pr,�perty for the duration of this agreement. Except eha-; regardless of now the area is then currently appraised for ad valo.-Cm flax 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 Pase 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govenuiient 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 riot anoweu ac eurider this provision then said action shall b.-, de'z;inuu' 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 %viiil this Agrpc�nent 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 Pate 3 of 4 TLGC~43.035 Development Agreement t ti t..H S 1 ce �- EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibo u, a home rule muni ' �aliiy it Landowner: Guadalupe County, Texas By Bru son, Cibolo Cih `er or Address: ��`jL R Anderson, Senior Planner City „ ' /r�A t-� State/Zip: Date: Date: Cin-of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT ,^ davl* :�f T " "r'125al any-tu- rd Curr art TT 10POW appeared in person before me today and stated under oath: "My name is M lvg Le 4+ -R� �� 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_( � T 1CJ0 11uly Said property is appraised for ad valorem tax purposes under the Texas Tax Code for O r R I U �' U RA—L IlSe urposes." "Further,my property is currently`being used for the following uses: ��-s�'-r- �Pr� M1 L l 4 " Signed: , (,[. 2 ftzk Printed Name: _DC5&P!J A SIGNED under oath before me oi. . 2010. O ••••YP• .�` �i SPR Cie •,�� • uj *_ — On 0.4 An /41 • = Notary Public, State of Texas i 9 OFP �y '•�PlRES• ��� a►tiuuttt ` Guadalupe CAD -Property Details Page 1 of 2 °i Guadalupe CAD Property Search Results > 63312 BOECK MERLE H for Year 2010 Property Account Property ID: 63312 Legal Description: ABS: 134 SUR:JOSE FLORES 1.0000 AC. Geographic ID: 2G0134-0000-00510-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: BOECK MERLE H Owner ID: 51384 Mailing Address: 1255 STOLTE RD %Ownership: 100.0000000000°x6 MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $18,248 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $9,918 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $28,166 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $28,166 (—)HS Cap: — $0 (_)Assessed Value: _ $28,166 Taxing Jurisdiction . Owner: BOECK MERLE H %Ownership: 100.0000000000% Total Value: $28,166 Entity Description Tax RateAppraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $28,166 $28,166 $0.00 GCO GUADALUPE COUNTY 0.334500 $28,166 $28,166 $94.21 LTR LATERAL ROAD 0.055000 $28,166 $28,166 $15.49 MAS MARION ISD 1.220000 $28,166 $28,166 $343.62 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $453.32 Taxes w/o Exemptions: $453.33 improvement/Building Improvement#11: RESIDENTIAL State Code: Al Living Area: 800.0 sqft Value: $18,248 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63312 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 BV 0 800.0 CP COV PORCH BV 0 176.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $7,418 $0 2 LOT LOT 0.0000 0.00 1.00 0.00 $2,500 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $18,248 $9,918 0 28,166 $0 $28,166 2009 $18,813 $9,918 0 28,731 $0 $28,731 2008 $18,813 $9,918 0 28,731 $0 $28,731 2007 $18,444 $8,120 0 26,564 $0 $26,564 2006 $17,565 $6125 0 23,690 $0 $23,690 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 ®2010 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63312 5/25/2010 Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 63312 BOECK MERLE H for Year 2010 Property Details + !A 0 4 4 1: Zoom i Account Property ID: 63312 2G0134- 93456 Goo.ID: 0000- 00510-0- 00 63373 Type: Real ABS:134 SUR: Legal JOSE j Description: FLORES 1.0000 AC. i Location ;Address: _STOLTE , RD Neighborhood: Mapsco: CAD, ;Jurisdictions: �' MA$ Owner _ 64312 63311 jName: BOECK-. s• i MERLE 00 H 'Address: 1255 63614 STOLTE RD MARION, TX 78124 Property j Appraised Value:$28,166 ®Map Layers Radius Search i Website version:12.2.0 Database lest updated on:5/3!2010 8:47 PM O 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=2&prop_id=63 312&year=2010... 5/25/2010 OF C/� �pUalaaaay��'!. O C) r=a 0 ` �•a� 4L Zg'���'YN/dilMlaNN'j1,'P 7` � X AS "iaty ut Choice" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 306 Sea Willow Dr. Marion, TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultura!, wildlife management,or.t]mberland-use,under the Tmrre ax Code please contact us. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City ofi 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[2101 658.1687 s• 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, cvC Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826. Cibolo.Texas.78108.main r2101 658.9900fax r9101 /,SR t FR7 W Guadalupe CAD - Property Details Pagel of 2 Guadalupe CAD i Property Search Results > 19588 BURNEY ALVIN D for Year 2010 Property Account Property ID: 19588 Legal Description: LOT: 14 BLK:ADDN:COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-01400-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values {+)Improvement Homesite Value: + $0 {+)Improvement Non-Homesitq Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $56,193 $558 (y Timber Market Valuation: + $0 $0 (_)Market Value: _ $56,193 (—)Ag or Timber Use Value Reduction: — $55,635 Appraised Value: _ $558 (-)HS Cap: _ $0 (_)Assessed Value: _ $558 Taxiing Jurisdiction Owner: BURNEY ALVIN D go Ownership: 100.0000000000% Total Value: $56,193 , Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 �TR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building } http:%'propaccess.trueautom,-ition.com/ClientDB/Property.aspx?cid=2&prop_id=19588 5/25/2010 Guadalupe CAD - Property'Details Page 2 of 2 r No improvements exist for this,property. Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $56,193 $558 Roll Value History 'Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 12010 $0 $56,193 558 558 $0 $558 2009 $0 $34,264 555 555 $0 $555 2008 $0 $27,411 544 544 $0 $544 .2007 $0 $20,766 534 534 $0 $534 2006 $0 $8,725 537 537 $0 $537 Delid History -(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page h 12/30/200512:00:00 AM SWD SPECIAL WARRANTY DEED CARRIERE OFFOR BURNEY ALVIN D 2258 0616 2/28/1988 12:00:00 AM OT OTHER CARRIERE OFFOR 840 110 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:5/3/2010 8:47 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. ;I http://propaccess.trueautomation.Com/ClientDB/Property.aspx?cid=2&prop_id=195 88 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 22 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and _A lyi n Q . 'gu me ("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 ai thorizin- eniorcement 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 Page ] 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"), ori their respective property until such pi��3perty 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 poten"dal 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. regardiess cf hove the arc-, 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 Cin of Cibolo Page_'of 4 TLGC§43.035 Development Agreement ` Chapters 212 or 232 of the Texas Local Govenunent 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 artowt%, iicieundc:f i1i15 pfovision then said acLion sila.11 Cie decmed a rc'4uest ivi' 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 AgreemcnL 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 Ciboio, a dome r I iiia u-1paiiiy in Landowner: Guadalupe C ty, T as By. By: Alvin Buy-neQ ?4andal Pearson, c;bo;o Cary Manager or Address: �� t I n W Anderson, Senior Planner City May-10 n — State/Zip: TX 7612-4 Date: v�� Date: •22 Cin of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT if T-A '�� `�t,' #<� �_ M1� �'7rrPnt i J SOS I �t�/� �. �U/�✓Q appeared in person before me today and stated under path: "My name is A,w/a _P • e,�✓P 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 '_i 5s s Said property is appraised for ad valorem tax purposes under the Texas Tax Code for I c td-74-,F tL purposes." "Further, my property is cm-rently being used for the following uses: Signed: PrintedName:-- A,11,A) S1�iNZU under oath beiorc me on � �LLf o?, ODI ;Z-0iv. .'o`a' ���•., PAMELA TRACEY FOSTER Notary Public, State of Texas 1 ,. v. v. My Commission Expires J�•( July 08, 2014 Notary Public, State of 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 6-38 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 b OF C/ �� IIIIININNIy�i�Ikr# �O � \ a%0 - r= p a Nk ��//IN/N/IIIII X AS "City or Choice" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 306 Sea Willow Dr. Marion, TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agriculturc.!,,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 June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street. PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.g_v_ We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main 1`2101 658.9900.fax r91 ni /,SR i AR7 9 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT i"i tra S/2t t,a T( [ `rI aisai. Status and CU--�-+ t1SO� ��ti rte. 3 e y�_appeared in person before me today and stated under oath: "My name is Aly/'i -P. 2&)v 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 I q 5-177 Said property is appraised for ad valorem tax purposes under the Texas Tax Code forpurposes." "Further, my property is currently being used for the following uses: c� Signed: Printed Name: Sl<: J under oath before me onc L1 Ik j aoi ,o;:�r%�;•• PAMELA TRACEY FOSTER =•;' f c Notary Public, State of Texas Oe.- ��� �`,' My Commission Expires Notary Public, State of Texas •Nne� ,• July 08, 2014 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 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 Guadalupe CAD - Property Details Page l of 2 Guadalupe CAD Property Search Results a 19577 BURNEY ALVIN for Year 2010 Property Account Property ID: 19577 Legal Description: LOT 4 BLK: ADDN: COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-00400-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 BK 4 PG 26 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN Owner ID: 111454 Mailing Address: 386 SEA WILLOW DRIVE %Ownership: 100.0000000000% MARION, TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 ( )Improvement Non-Homesite Value: + $0 (+}Land Homesite Value: il + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $126,883 $558 (+)Timber Market Valuation: + $0 $0 ------------------------- (_)Market Value: _ $126,883 (—)Ag or Timber Use Value Reduction: — $126,325 ------------------------- t(_)Appraised Value: _ $558 (—)HS Cap: — $0 ------------------------- (_)Assessed Value: _ $558 Taxing Jurisdiction Owner: BURNEY ALVIN %Ownership: 100.0000000000% Total Value: $126,883 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/ Building No improvements exist for thi's property. Guadalupe CAD - Property, Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value ' 1 D3G TILLABLE GOOD, 3.4900 130680.00 0.00 0.00 $126,883 $558 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $126,883 558 2009 558 $0 $558 $0 $77,368 X2008 $0 $61,894 544 555 555 $0 $555 2007 $0 $46,889 534 - 544 $0 $544 534 $0 $534 2006 $0 $8,725 537 537 $0 $537 Deed History -(Last 3 Deese Transactions) # Deed Date Type Description Grantor Grantee Volume Page 8/12/2008 12:00:00 A D SPECIAL WARRANTY DEED BANKRUPTCY EST BURNEY ALVIN 2656 0399 2 5/1/2008 12:00:00 M S W D WARRANTY DEED FRANCKOWIAK TID BANKRUPTCY E 3 6/19/2006 12:00:00 AM WD WARRANTY DEED ST 2619 0260 CENTEX DISTRIBU FRANCKOWIAK TID 2331 0361 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 Fights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. i CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated —1-ryLl 27-, 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEX pa home rule municipality located in Guadalupe County Texas ("City"), and t;'1 N P . ("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 en urcement by Lhe City of certain agrLaid upon id 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 Pale 1 of 4 TLGC§43.035 Development Agreement s 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 ("Xisting 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 than. Legar.?leJ� of hove t:.c area is then carren ly appraised for .ad valorem -,ax . purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area. or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by Cin of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Governinent 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 a11�)wed hereu�ldcr tills provision then said action small be deemed a requcst 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 uie ,unic' aiicy iri Landowner: Guadalupe nty, Te By: By: y e Pearson, Cibolo city Manager or Address: andal Anderson, Senior Planner , City: A�� n7 State/Zip: Date: Date: 2 Cin of Cibolo TLGC§43.035 Development Agreement Page 4 of=t OF C7� a� 7' £ X AS "City oi Choice" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 308 Sea Willow Dr. Marion,TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. if the above property is not currently appraised for agricultural.,wildlife management, or timberland use.under the Tax Code please contact_uslrnmediately The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826 .Cibolo.Texas.78108.main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.aov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cvt Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas .78108.main [2101 658.9900.fax[2101 658.1687 Guadalupe CAD - Property Details Page l of 2 Guadalupe CAD Property Search Results> 19580 BURNEY ALVIN D for Year 2010 Property Account Property ID: 19580 Legal Description: LOT:7 BLK:ADDN:COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-00700-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %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: + $56,193 $558 (,)Timber Market Valuation: + $0 $0 (_)Market Value: _ $56,193 (=)Ag or Timber Use Value Reduction: — $55,635 ---------------------- Appraised Value: _ $558 (-)HS Cap: — $0 (-)Assessed Value: _ $558 Taxing Jurisdiction 1 Owner: BURNEY ALVIN D %Ownership: 100.0000000000% Total Value: $56,193 Entity Description Tax Rate Appraised Value Taxable ValueEstimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http:/('Propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&propjd=195 80 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $56,193 $558 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed ?010 $0 $56,193 558 558 $0 $558 2009 $0 $34,264 555 555 $0 $555 2008 $0 $27,411 544 544 $0 $544 2007 $0 $20,766 534 534 $0 $534 2006 $0' $8,725 537 537 $0 $537 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Pago 1 12/30/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED CARRIERE OFFOR BURNEY ALVIN D 2258 0616 2 2/28/1988 12:00:00 AM OT OTHER CARRIERE OFFOR 840 110 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 Netice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19580 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated �'2 2 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and AM0 D • Bo r n e o ("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 _WHERE.AS, in-recognition of the mutual benefits to be derived from the controlled O.evelopment 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 enibreement by iiie 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 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?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 Doi al1owtd hereunder this provlsioh thFzi, said aalioli shallbe deemed a fequest 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 vJit17 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. Cit),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 o€t-i�e�lo; a i�ome ruI u ' ip lity iti LaiUowiier: Guadalupe unty, Te By: AIV1Yl D• &racq By: sw n willow B e Pearson, Ci bolo City Manager or Address: ndal Anderson, senior Planner City: Mar i n State/Zip: 7X 114 Date: / Date: Cin,of Cibolo Page 4 of 4 Tl-k§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Cay' T.7� r,1 G+ a '";Cl ",.t e,.t j Tc,i �Tl �} y�+s . LA r`tIl~' iSui �L u� Ga 3. i t;i. ! tit 4 — -Fv2Ueyf appeared in person before me today and stated under oath: "My name is -4 ,1- A, -� ' � ,y . 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 'qP5 f o Said property is appraised for ad valorem tax purposes under the Texas Tax Code _ for Ric yL/y40,1— purposes." "Further, my property is currently being used for the following uses: Signed: Printed Name: ST&-^ET-) udder oath bef-ie me on M LLI D PAMELA TRACEY FOSTER =' Notary Public, state of Texas My commission Expires July 08, 2014 "^ "' Notary Public; State of Texa 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 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 78.3 International Private Sewage Disposal Cede 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations OF C7� ��IIIIIIIIINI/IIIII/iy��� 0 o �Sy y Hi�//H///NI11/1j1111111,1 71C7XAS 'City of Choice's June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 308 Sea Willow Dr. Marion,TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural, wildlife management,or timberland use under-the Tax Code please contact:.us imrnediately.1'. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached ;agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.aoy We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street. Po Box 89A Cihnln TCYrK 7AMP .,, mini eco norm 4_ n,n, Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 19586 BURNEY ALVIN D for Year 2010 Property Account Property ID: 19586 Legal Description: LOT: 12 BLK:ADDN: COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-01200-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %Ownership: 100.0000000000% MARION, TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 '-)Improvement Non-Homesite,Value: + $0 C�)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $56,193 $558 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $56,193 Ag or Timber Use Value Reduction: — $55,635 (_)Appraised Value: _ $558 (—)HS Cap: — $0 (_)Assessed Value: _ $558 Taxing Jurisdiction Owner: BURNEY ALVIN D t'o' Ownership: 100.0000000000% Total Value: $56,193 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19586 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value i D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $56,193 $558 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $56,193 558 558 $0 $558 1009 $0 $34,264 555 555 $0 $555 X008 $0 $27,411 544 544 $0 $544 ?007 $0 $20,766 534 534 $0 $534 2006 $0 $8,725 537 537 $0 $537 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 12/30/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED CARRIERE OFFOR BURNEY ALVIN D 2258 0616 2 2/28/1988 12:00:00 AM OT OTHER CARRIERE OFFOR 840 110 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 n Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. S f f i i http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19586 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated C50, 2.2— , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXA , a home rule unicipality 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 bounciar es and authorizing enforcement by the City of certain a-reed 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 Pate 1 of 4 TLGC§43.03 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 uitil such property lias 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 tnaL. regardless of hwav the area is thon currently appraised for ad--vaicrern -ax 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 Ciboto Paye 2 of 4 TLGC§43.031 Development Agreement ` Chapters 212 or 232 of the Texas Local Govermnent 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 iol a11oW�u ilei widei this provision then said aciion shall be deem(C,2 a requesi vF 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%ibolo, a Luine'rt' r unicip• city in , Landowner. - Guadalup unty, Te By By: B ce Pearson, Cibolo mer or Address: an al Anderson, Senior Planner / City: State/Zip: 712 Date: Date: Cin of Cibolo Page 4 of4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Al r a ij 1 Tax h 1cj5 Status as d 7■�* ra + UT cam^ .ice : ,y tZ�+iJiC41. 1 ` ods:.:.: �,i �Lft'�';.rS. .�S�.�S • LyrA nAAJ<y appeared in person before me today and stated under oath: "My name is 16114) r,WNe y 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 C �Q Said property is appraised for ad valorem tax purposes under the Texas Tax Code for �q�l cu 4--7v RSI- purposes." "Further, my property is currently being used for the fallowing uses: Signed: Printed Name: �fi��� /� F"ieyLy1 SIGNED under oath before me or �t i 1 [i amp 2010. ///IINII PAMELA TRACEY FOSTER + _•�' "�? Notary Public, State of Texas ' /l My commission Expires 1.;�oi�;,••' July 08, 2014 Notary Public, State of Texa x 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 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 C/ OF 4s)0 v �s o ""i//IN/NH1N X h S "City Of Choice" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 306 Sea Willow Dr. San Antonio, TX 78213 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 agricultura!, wildlife management, or timberland use under the Tax-Code please:con tact..us immediote!y.. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain lard 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. in addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900. fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.aov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cvC Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main x2101 h58 9900 fr iy r,)i M A';A i AA7 v Guadalupe CAD - Property Details Page I of 2 Guadalupe CAD Property Search Results > 19578 BURNEY ALVIN D for Year 2010 Property Account Property ID: 19578 Legal Description: LOT:5 BLK:ADDN: COUNTRYSIDE ACRES 3.4900 Geographic ID: 1G0680-0000-00500-0-00 Agent Code: AC. Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WE 3T Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %Ownership: 100.0000000000% MARION, TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-HomesiteValue: + $0 (,+)Land Homesite Value: + $G (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $56,193 $558 (*)Timber Market Valuation: + $0 $0 (_)Market Value: _ ` A` $56,193 (—)Ag or Timber Use Value Reduction: — $55,635 '=)Appraised Value: _ $558 (—)HS Cap: _ $0 (r)Assessed Value: _ $558 Taxing Jurisdiction Owner: BURNEY ALVIN D %Ownership: 100.0000000000% Total Value: $56,193 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 GCO GUADALUPE COUNTY 0.334500 $0.00 $558 $558 $1.86 I.TR LATERAL ROAD 0.055000 $558 $558 VIAS MARION ISD $0.31 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http:/'/Propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19578 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated' 2� , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and , '�/IY1p•�j�)Y Yl�� ("Landowner"); `T— 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 !and 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. Cit` of Cibolo Pate 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 ("Exisiing Uses"), on their-r- froperty u�itil 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 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 aYpraisea lur ad-valor=— 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 Cine of Cibolo Page?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 oof aliowed hereunder this provision then said action siia]i 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. S. 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 laves 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 v0th this Agr .ement 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. C;iiy or��ibolo -hone rule unicip ity in and wrier: Guadalupe nty; Tex By: \ f) ne _ By. e Pearson, Ciboio Citi Manager or Address: In andal Anderson, Senior Planner City: State/Zip: it2 Date: 2DCo Date: ' 22 ' 10 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement ` Y Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A ��avil �f?� _^�ppra sa' Status «.rd Cu-..,.1 -,tt appeared in person before me today and stated under oath: "My name is lQk/N P. &rwe y . 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 I q -71 [ ) Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 14L77V-14-L purposes." "Further, my property is currently(being used for the following uses: (31- C.v LA-L4- Signed: '- Signed: Printed Name: ��" �• SIGNED undltr-oad,, J:. :;re n1t 01:1 ...Ja i U Q,31 (2Q)0 20,10 _. . PAMELA TRACEY FOSTER •; Notary Public, State of Texas My Commission Expires (- •;;„; � July 08, 2014 Notary Public, State of 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 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 E J 0 I C74S� �IIINpINf/N//yy��� y O r?o y reX As "City of Choide" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 307 Sea Willow Dr. Marion, TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of C]bolo (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 imme.di.a:tely_ The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development reaulations. 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax [210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.aov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cvC Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [2101 658.9900.fax[2101 658.1687 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 19579 BURNEY ALVIN D for Year 2010 Property Account P-operty ID: 19579 Legal Description: LOT:6 BLK:ADDN:COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-OC®0-00600-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 Improvement Non-Homesi±r Value: + $0 (+)Land Homesite Value: + $0 +}Land Non-Homesite Value: + $0 Ag/Timber Use Value (+}Agricultural Market Valuation: + $56,193 $558 +)Timber Market Valuation: + $0 $0 {_)Market Value: _ $56,193 =)Ag or Timber Use Value Reduction: - $55,635 ---------------------- (_)Appraised Value: _ $558 {-)HS Cap: - $0 {=)Assessed Value: _ $558 Taxing Jurisdiction Owner: BURNEY ALVIN D %Ownership: 100.0000000000% Total Value: $56,193 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/ Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19579 5/25/2010 Guadalupe CAD - Property Details Page '-) of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $56,193 $558 Roil Value History i Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed "2010 $0, $56,193 558 558 $0 $558 2009 $0 $34,264 555 555 $0 $555 '2008 $0, $27,411 544 544 $0 $544 2007 $0 $20,766 534 534 $0 $534 2006 $0 $8,725 537 537 $0 $537 Deed History-(Last 3 Deed Transactions) # Deed Date Type.Description Grantor Grantee VolumePage .1 12/30/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED CARRIERE OFFOR BURNEY ALVIN D 2258 0616 2 2/28/1988 12:00:00 AM OT OTHER CARRIERE OFFOR 840 110 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+. E http://propaccess.trueautomiition.com/ClientDB/Property.aspx?cid=2&prop_id=19579 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 67a4l Z-1- , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule m icipality located in Guadalupe County, Texas ("City"), and Awi , D • �yQN� ("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 Paee 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 ("Lxisting Uses"'. on their respective property until such propeily 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, regard css 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 Cit,,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 DOL a ioweu heiewader this provision then said action shall be '-deetned a regaest 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 Agreeme..L 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 Pace 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 c,'6wo, a home rule tunic' ality ill Landowner: Guadalupe ty, Tex By: A. - $y. Address: 3aL - $r arson, Cibolo City Manager Or R d Anderson, Senior Planner ,� ' City: /�.e /-off State/Zip: ''I s? l 2 Date: ` Date: Cite of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT r. �:%-.a`t';t :% � . 1� 1 ri`Z.'s.sa C ai.iS and Currmitt T.. s S appeared in person before me today and stated under oath: "My name is ��U/ /� au�Nesj 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 1 q 5-79 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for t4l,A _purposes." "Further, my property is currently being used for the following uses: J 0- Signed: Printed Name: LV�� �• � SIGNED under oath befc. ITLLIQ OD11 RIDID E ITRACEY FOSTER blic, state of Texasmission Expires y 08, 20Ta Notary Public, State of Te 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 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations a , OF C/ Z4 ��,�IglllplllN/lNl/yyy���g O u r=o t �y'`"'•sysvlwlNINNI nil'', X AS "City of Choice" June 17, 2010 VIA: CERTIFIED MAIL Burney, Alvin D 306 Sea Willow Dr. Marion, TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural, wildlife management, or timberland use under-the Tax Code please,..contact.us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the some manner the regulations are enforced within the City's boundaries and authorizes enforcement by the Citv of certain land use and development regulations. Please review the attached agreement eery 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main [2101 658.9900.fax[2101658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.ciov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, tet' Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas. 78108.main f9 i ni h58 99nn fnx r9101 A5R 1 AR7 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 19587 BURNEY ALVIN D for Year 2010 Property Account Property ID: 19587 Legal Description: LOT: 13 BLK:ADDN:COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-01300-0-00 Agent Code: type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: BURNEY ALVIN D Owner ID: 89810 Mailing Address: 306 SEA WILLOW DRIVE %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: + $56,193 $558 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $56,193 (-)Ag or Timber Use Value Reduction: - $55,635 ----------------------- {_)Appraised Value: - $558 (-)HS Cap: - $0 (_)Assessed Value: _ $558 Taring Jurisdiction Owner: BURNEY ALVIN D %Ownership: 100.0000000000% Total Value: $56,193 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http;//propaccess.trueautomdtion.com/ClientDB/Property.aspx?cid=2&prop_id=19587 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Lang Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1, D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $56,193 $558 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $56,193 558 558 $0 $558 2009 $0, $34,264 555 555 $0 $555 2008 $0 $27,411 544 544 $0 $544 2007 $C $20,766 534 534 $0 $534 2'006 $0 $8,725 537 537 $0 $537 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1' 12/30/2005 12:00:00 AM SWD SPECIAL WARRANTY DEED CARRIERE OFFOR BURNEY ALVIN D 2258 0616 2 2/28/1988 12:00:00 AM OT OTHER CARRIERE OFFOR 840 110 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+. M' A http:,/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19587 5/25/2010 CITE' OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated ' 22 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and Alvin rna ("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. Cit} of Cibolo Paae 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= respz�ctive 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 Citv 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 Pase?of 4 TLGC§43.033 Development Agreement Chapters 212 or 232 of the Texas Local Govermnent 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 riot a1: EXECUTED by the parties hereto to be effective as of the date first set forth above. laity of ciboio, a nomc rule unicipali III Landowner: " Guadalupe ty, Texa By: Alvin D- -?�u r ntq By B earson, Cibo City Manager r Address: '303 Sea w 1 I,C7V1/ dal Anderson, Senior Planner City Marion n ar`O n _ f V�, State/Zip: TX IS 114 Date: 7 Date: 7-22: 10 Cite of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Y Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A _ffidavit of.Tax :pprl a_sa? Ste+us find, C'urrr,- t T TS-S '��'y � ' �u►e,vQ.�- appeared in person before me today and stated under oath: "My name is �L�� Q�U Nq I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I ant the owner of the property located at 'q 0161 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for f�'�12�e l��T�+° purposes." "Further, my property is currently being used for the following uses: 0� Signed: " Printed Name: V/All SIGivED under oath before me on � ii a� �o) o PAMELA TRACEI FOSTER Notary Public, State of Texas ' 's M Commission y Expires July 08, 2014 Notary Public, State of Te a f 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 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 t * / a O X AS "City or Choice' June 17, 2010 VIA: CERTIFIED MAIL Schaefer, Alvin F 1089 Bolton Rd Marion,TX 78124 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricu!turo!,wildlife management, or.timberlond use under the Tax,Code please contacf.us immed#atelyy The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on June 16, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached n..greenent 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 July 26, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by July 26,2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[2101658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.aov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, 6� ;�5 Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main (2101 658.9900.fax[2101 658.1687 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63492 SCHAEFER ALVIN F for Year 2010 Property Account Property ID: 63492 Legal Description: ABS: 134 SUR:JOSE FLORES 55.1900 AC. Geographic ID: 2G0134-0000-09500-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner dame: SCHAEFER ALVIN F Owner ID: 51542 Mailing Address: 1089 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 {+)Improvement Non-Homesi�e Value: + $4,133 Q+)Land Homesite Value: + $0 +}Land Non-Homesite Value: + $2,694 Ag/Timber Use Value )Agricultural Market Valuation: + $592,050 $8,790 {+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $598,877 —)Ag or Timber Use Value Reduction: — $583,260 {=)Appraised Value: _ $15,617 HS Cap: — $0 (_)Assessed Value: _ $15,617 Taxing Jurisdiction Owner: SCHAEFER ALVIN F °/c�Ownership: 100.0000000000% Total Value: $598,877 f ,Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $15,617 $15,617 $0.00 GCO GUADALUPE COUNTY 0.334500 $15,617 $15,617 $52.24 ,LTR LATERAL ROAD 0.055000 $15,617 $15,617 $8.59 .MAS MARION ISD 1.220000 $15,617 $15,617 $190.52 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $251.35 Taxes w/o Exemptions: $251.36 Improvement/Building http //propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63492 5/25,2010 Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $4,133 Type Description Class CD Exterior Wail Year Built SQFT BARN BARN WSD 1920.0 BARN BARN WSD 792.0 BARN BARN WSD 0 640.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 54.9400 2352240.00 0.00 0.00 $592,050 $8,790 2 ACRE ACRE 0.2500 0.00 0.00 0.00 $2,694 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $4,133 $594,744 8,790 15,617 $0 $15,617 2009 $4,133 $344,515 8,735 14,428 $0 $14,428 2008 $4,133 $290,119 8,571 14,018 $0 $14,018 2007 $4,710' $238,683 8,406 14,167 $0 $14,167 2006 $4,710 $170,065 8,461 13,849 $0 $13,849 Deed History -(Last 3 Deed Transactions) i # Deed Date Type Description Grantor Grantee Volume Page 1 OT G THER SCHAEFER ALVIN 289 409 � t 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+. r , r i f 1 http://propaccess.trueauton ation.com/ClientDB/Property.aspx?cid=2&prop_id=63492 5/25'2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated -I ° (2'2 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE AS, a home u e municipality located in Guadalupe County, Texas ("City"), and V 1 n ("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 muwal 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 .-egulations in the same manner the regulations are enforced within the City's oounda:ries and authorizing enforcernci>i 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. Cit,of Cibolo Yale 1 of 4 TLGC§43.031 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 j, on their respeouve propcxty until such property'has bLen 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 lave, 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 aid that it shall not annex the Property for the duration of this agreement. Except that. regardless of how the arca 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 Pase 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 nut ailowea tiereui der this prov's on then saiu 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 fur 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 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. Litt'of Cibolo, a home ruie rnunic' ' r y in i;andowrer: -- Guadalupe y, Texas By: aiv')n r B ce P arson, Cibolo City anager or Address: ?-)q BdJDc) ArideTSOri, Senior Planner City: vyu d I State/Zip: TX L4 Date: L Date: City of Cibolo Page 4 of 4 TLGC§§'43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT G 1 :x x 1 p. i�.ti._ aI „[� 'an. t./1Ai.A'v-(.L J Wvtn � in person before me today and stated under oath: "My name is l it 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 I oeo EGYW-1 Said property is appraised for ad valorem tax purposes under the Texas Tax Code forpurposes." "Further, my property is currently being used for the following uses: Signed: /f� I� Printed Name: ►'-1�-w r tj SI-NEE under :;-t before me on N11• VA SHEiLAM.EDMONDSON =•: '' MY coMMISSION EXPIRES ,t ,a s,202 NryJ Public. Stat of Texas '••MIIN� 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 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 7, 83 International -Private Siwage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 , w".w Guadalupe CAD Property Search Results> 63491 SCHAEFER A F & I for Year 2010 Property Account Property ID: 63491 Legal Description: ABS: 134 SUR:JOSE FLORES 0.6500 AC. Geographic ID: 2G0134-0000-09400-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: 0-6 Neighborhood CD: IH10W Owner Name: SCHAEFER A F&I Owner ID: 51541 Mailing Address: 1089 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS,0V65 Values (+}Improvement Homesite Value: + $74,515 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $18,657 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $93,172 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $93,172 (—)HS Cap: — $0 (_)Assessed Value: _ $93,172 Taxing Jurisdiction Owner: SCHAEFER A F&I %Ownership: 100.0000000000% Total Value: $93,172 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $93,172 $93,172 $0.00 DISTRICT GCO GUADALUPE 0.334500 $93,172 $78,172 $261.48 $294.52 COUNTY LTR LATERAL ROAD 0.055000 $93,172 $78,172 $41.71 $41.71 MAS MARION ISD 1.220000 $93,172 $68,172 $511.84 $511.84 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $815.03 Taxes w/o Exemptions: $1,499.60 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63491 5/25/2010 Guadalupe CAD- Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: Al Living Area: 1943.0 Value: $62,538 sqft Type Description Class CD Exterior Walt Year Built SQFT RES1 MAIN FLR 7 BV 1963 1943.0 AGU ATT GAR-UNFIN * BV 1963 567.0 CP COV PORCH BV 1963 192.0 FN FLAT VALUE FN BV 1963 64.0 Improvement#2: RESIDENTIAL State Code: Al Living Area: 1150.0 Value: $6,977 sqft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 5 1150.0 CP COV PORCH * 2000 108.0 PT PATIO-UNCOV * 2000 144.0 PT PATIO-UNCOV * 2000 60.0 Improvement#3: RESIDENTIAL State Code: Al Living Area: 570.0 sqft Value: $5,000 Type Description Class CD Exterior Wall Year Built SQFT RES3 3RD RES 3+ 0 570.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 0.6500 0.00 0.00 0.00 $8,407 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $10,250 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $74,515 $18,657 0 93,172 $0 $93,172 2009 $75,890 $11,120 0 87,010 $0 $87,010 2008 $75,890 $9,101 0 84,991 $0 $84,991 2007 $86,823 $8,106 0 94,929 $0 $94,929 2006 $100,057 $7,004 0 107,061 $0 $107,061 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: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=63491 5/25/2010 Map Page 1 of l Guadalupe CAD Property Search Results>Property 10 83491 SCHAEFER A F 3 I for Year 2010 Property Details I Mr "t 1: ZODRt 'Account Property ID: 83491 2G0134- Geo.ID: 0000.moo- 0.00 1 Type: Real ASS:134 j Legh SUR:JOSE - Description: FLORES 0.8500 AC. Location Addnsa: BOLTON - RD TX Neighborhood: IH 10 WEST Mapscm: d Juriacams* CAD,GC4' LTR.MAS Oar 83424 Nama: SCHAEFER AF81 Address: 1089 BOLTON 93491 RD MARION, TX 78124 63492 prop" Appraised Value:$93.172 - �Map Layers )!Radius Search 83438 Webaite version:1.2.2.0 Database last updated on:5rJ12010 8:47 PM 0 2010 True Auftmaton,Inc.AN Rights Reserved.Privacy Notice This site only supporta Internet Explorer 8+,Netscape 7+and Frrefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63491&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO' TEXAS, a ome rule municipality-located in Guadalupe County, Texas ("City"), and C ���, ,4 ("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 WHEP•EAS,..in recognition of the mutual benefits to be derived from the controlled development. of the Property and its guaranteed continue d 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 iand 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: I. 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 hov., the area is then currently appraised for ad valorem rax 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 Pase?of 4 TLGC§43.035 Development Agreement y 4 Chapters 212 or 232 of the Texas Local Govermiient 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 1101 a11OWCu Iieieu,ider this provisior, illtn said action shall be dc.nied a iequtst lei 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. S. 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 iibolo; a home c die r icip' city iii Landowner: , Guadalupe C nty, Texa By. By: Br earson, Ciboio city Manager or Address: al Anderson, Senior Planner City: WA No h State/Zip: TX . 7fl,�5� Date: / Date: Cite of Cibolo Paye 4 of 4 TLGC§43.035 Development Agreement a Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT 1-1.. i ate.'.._\ ^"pl,P! [,I.I.S4 i S Lil l.us [,:i d a.i �tVS."..3 Vlll. Use's PN��.►P c sM �7� Tc=#t, yt 5;th Ttf appeared in person before me today and stated under oath: N(L.Cat C 5r"( -q "My name is r�,�-& Se„-} 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 1ff" 10 we gr —F,( 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: A&P_(cu4'+`v_A*- /4Y �IZov�eTlc�.✓ M Signed: ,,..� SARAH F. SERRATO .t Notary Public ri ed Name: J E74,u /h r�i1r r State of Texas 012 My Comm. Exp.05-21!99-]2012 SIG-NED unser oath b­efore me or. �C_�Lv chi �� � �•201.0 . Notary ublic, Stat of Texas P Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List cf 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 7 .75 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 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 19575 SMITH PHILLIP E & JEAN M for Year 2010 Property Account Property ID: 19575 Legal Description: LOT:2 BLK:ADDN: COUNTRYSIDE ACRES 3.5000 AC. Geographic ID: 1G0680-0000-00200-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 -Neighborhood CD: IH10W Owner Name: SMITH PHILLIP E&JEAN M Owner ID: 10433 Mailing Address: 1994 BOLTON ROAD %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 Valuat on: + $60,239 $560 {+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $60,239 (—)Ag or Timber Use Value Reduction: — $59,679 ---------------------- (<_)Appraised Value: _ $560 (—)HS Cap: _ $0 (_)Assessed Value: _ $560 Taxing Jurisdiction Owner: SMITH PHILLIP E&JEAN M 1/6 Ownership: 100.0000000000% Total Value: $60,239 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax C'AD APPRAISAL DISTRICT 0.000000 $560 $560 $0.00 GCO GUADALUPE COUNTY 0.334500 $560 $560 $1.87 LTR LATERAL ROAD 0.055000 $560 $560 $0.31 MAS MARION ISD 1.220000 $560 $560 $6.83 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $9.01 Taxes w/o Exemptions: $9.01 Improvement/Building 3 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19575 5/25/2010 s Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 3.5000 130680.00 0.00 0.00 $60,239 $560 Roll Value History Year improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $60,239 560 560 $0 $560 2009 $0 $36,731 557 557 $0 $557 2008 $0 $25,271 546 546 $0 $546 2007 $0 $20,821 536 536 $0 $536 2006 $0 $12,250 539 539 $0 $539 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 4 2/11/2000 12:00:00 AM OT OTHER SMITH PHILLIP E& 1494 0929 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+. i f i i http://propaccess.trueauton,ation.comIClientDB/Property.aspx?cid=2&prop_id=19575 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS homerule music,ipality located in Guadalupe County, Texas ("City"), and '40 Al ("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`he Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to X212.172 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 re€alations in the same manner the regulations are enforced within tl;e 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 lags of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Pace I of 4 TLGC§43.03-5 Development Agreement l� 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 .hat it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area I's-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 On,of Cibolo Page?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 a.11i;vved hertander this provision ihcii said a,,tion shall be deemed a rctluest 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 vv4th 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. Ctry 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 maniei iri Lanuowner: Guadalupe ty, Texas By: By: � Broflearson, Cibolo City Ma r or Address: (gr( e,,cro v q4dal Anderson, Senior Planner City: State/Zip: -I?f(/Z 9 Date: Date: Citv of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A -I ff nor f !l T., r ^ tel! t t - r1 �i� e-n- T T-, r ���� � .: � .� ppr� � a? S. a� , ._� _.41'1 ,,,i. ...:eo, ?414uP E 5m IT9 '3 FiiN G✓m,`rN appeared in person before me today and stated under oath: fdlu,r t S"mmf "My name is -,rjF*• rvi 5;m rT-H I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. w0�am the owner of the property located at DcLmoN RD 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: Rt CeccTi.�k+t(__ y PRCOu L7 GO� igned: SARAH F.SERRATO tt 11,Lc ®* Notary Public print Name: M Sr1,.Tt/ tr State of Texas My Comm.Exp.05-29-2012 SIG:` t under oad., before me 0.1 Notary Public, State f 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 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 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 19584 SMITH PHILLIP E & JEAN M for Year 2010 Property Account Property ID: 19584 Legal Description: LOT: 10 BLK:ADDN: COUNTRYSIDE ACRES 3.4900 AC. Geographic ID: 1G0680-0000-01000-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: SMITH PHILLIP E&JEAN M Owner ID: 10433 Mailing Address: 1994 BOLTON ROAD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values {+)improvement Homesite Vane: + $0 L+)Improvement Non-Homesite Value: + $0 +)Land Homesite Value: + $0 (4-)Land Non-Homesite Value,: + $0 Ag!Timber Use Value {+)Agricultural Market Valuation: + $29,301 $558 +)Timber Market Valuation: + $0 $0 {_)Market Value: _ $29,301 (-)Ag or Timber Use Value Reduction: — $28,743 -------------------- {_)Appraised Value: _ $558 (—)HS Cap: — $0 {_)Assessed Value: _ $558 Taxing Jurisdiction Owner: SMITH PHILLIP E&JEAN M %Ownership: 100.0000000000% Total Value: $29,301 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 GCO GUADALUPE COUNTY 0.334500 $558 $558 $1,86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=19584 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 No improvements exist for this property. Land Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value I D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $29,301 $558 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $29,301 558 558 $0 $558 2009 $0 $29,301 555 555 $0 $555 2008 $0 $25,199 544 544 $0 $544 2007 $0 $20,762 534 534 $0 $534 2006 $0 $12,215 537 537 $0 $537 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 2/11/2000 12:00:00 AM OT OTHER SMITH PHILLIP E& 1494 0929 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 Rijlhts PM Reserved. Privacy Notice i This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. i t http://propaccess.trueautom,ation.com/ClientDB/Property.aspx?cid=2&prop_id=195 84 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, home rule municipality locate 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, ii, 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 regulatio.-.s are enforced within the City's boundaries and- auinoiizing enibrceinent 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 Paee I of 4 TLGC§43.035 Development Agreement NOIV�7, 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 ora permit, not to include permits for uses existing on the date of this agreement ("'Existing Uses`). on their respective property u;itil such fropc��ty 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. re`a:diess Of how the arca is then currently appraised for ad valorem ta,,• 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 Paye 3 of 4 TLGC§43.035 Development Agreement ` Chapters 212 or 232 of the Texas Local Govenunent 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 llereu idef this proN,ision then sa1Q anion shall be d�-,emeu a �t4u-6i ivf' + 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 propeny with this Agn;;:lieilt 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 Pace 3 of 4 TLGC§43.035 Development A_reement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rult"Riun, 'p ity in Landowner- Guadalupe C nty, Texas By: - By: Bru eaTSOn, Cibolo City Manager or Address: R al Anderson, Senior Planner , City: f�Dtj�h State/Zip: 7-X Date: G'� Date: Cit of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT �. Tax, ,,' 1r,..•i..u'.J.:,. O t.G.k1.�,.,.:J ,._'� !_:1~Q�itl. e3 . _ �N►u-�P E Sri rTN- ,T' Mgni 1Tf� appeared in person before me today and stated under oath: "My name is 7� 5 m tTV I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. aN the owner of the property located at L$20 AoL-O%' R6 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:_ 6R1 Cwc.Tu�+4�.— r} Y PR d�Ki.T�oN ease Signed: OIESARAH F SERRATO Notary Public State of Texas Pri edName: '—��yv ru 5;01 r7-Ji- My Comm. Exp.05-29-2012 --------------- SIGI:ED under oath before me on L, L\l ��N '20 1 it Notary Public, State o exas Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS hist of City of C;'ibolo 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 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 78.3 International Private Sewage Di,,pesal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63522 SMITH PHILLIP E & J M for Year 2010 Property Account Property ID: 63522 Legal Description: ABS: 134 SUR: JOSE FLORES 21.8400 AC. Geographic ID: 2G0134-0000-10800-0-00 Agent Code: Type: Real Location Address: 1820 BOLTON RD Mapsco: TX Neighborhood: Map ID: Q-6 Neighborhood CD: {Owner Name: SMITH PHILLIP E&J M Owner ID: 51564 Mailing Address: 1994 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124-6002 Exemptions: Vatues (+)Improvement Homesite Value: + $0 i+) Improvement Non-Homesite Value: + $9,863 +)Land Homesite Value: + $0 -)Land Non-Homesite Valuer + $0 Ag 1 Timber Use Value (+)Agricultural Market Valuat!c n: + $138,093 $2,965 (�)Timber Market Valuation: + $0 $0 -)Market Value: _ $147,956 —)Ag or Timber Use Value Reduction: — $135,128 (_)Appraised Value: _ $12,828 4—)HS Cap: _ $0 -------------------------- (=)Assessed Value: _ $12,828 Taxing Jurisdiction n Owner: SMITH PHILLIP E&J M %Ownership: 100.0000000000% Total Value: $147,956 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $12,828 $12,828 $0.00 GCO GUADALUPE COUNTY 0.334500 $12,828 $12,828 $42.91 i TR LATERAL ROAD 0.055000 $12,828 $12,828 $7.06 MAS MARION ISD 1.220000 $12,828 $12,828 $156.50 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $206.47 Taxes w/o Exemptions: $206.47 Improvement/ Building http://propacCess.tnieautomi.ttion.Com/ClientDB/Property.aspx?cid=2&prop_id=63522 5/25/2010 A ( Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sgft Value: $9,863 Type Description Class CD Exterior Wall Year Built SQFT F/V FLAT VALUE F/V 0 1718.0 BARN BARN WSD 672.0 BARN BARN WSD 2496.0 Land W Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 12.4700 522720.00 0.00 0.00 $78,847 $1,995 2 D1A IMPROVED AVG 8.3700 364597.20 0.00 0.00 $52,923 $887 3 DIA IMPROVED AVG 1.0000 43560.00 0.00 0.00 $6,323 $83 Roll Value History ,Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $9,863 $138,093 2,965 12,828 $0 $12,828 2009 $9,863 $138,093 2,929 12,792 $0 $12,792 2008 $9,863 $138,093 2,899 12,762 $0 $12,762 2007 $9,553 $104,616 2,877 12,430 $0 $12,430 '2006 $9,553 $67,495 2,920 12,473 $0 $12,473 Deed History-(Last 3 Deed Transactions) it Deed Date Type Description Grantor Grantee Volume Page 1 OT OTHER fiER SMITH PHILLIP E& 126-D 698 t 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 Rafhts PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http:,'./propaccess.trueautom,Ation.com/ClientDB/Property.aspx?cid=2&prop_id=63522 5/25/2010 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63523 SMITH PHILLIP E &J M for Year 2010 Property Account Property ID: 63523 Legal Description: ABS: 134 SUR:JOSE FLORES.6300 AC. Geographic ID: 2G0134-0000-10810-0-00 Agent Code: Type: Real Location Address: 1994 BOLTON RD Mapsco: Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: SMITH PHILLIP E&J M Owner ID: 51564 Mailing Address: 1994 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124-6002 Exemptions: HS Values (+)Improvement Homesite Value: + $146,348 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $8,187 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $154,535 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $154,535 (—)HS Cap: — $0 (_)Assessed Value: _ $154,535 Taxing Jurisdiction Owner: SMITH PHILLIP E&J M %Ownership: 100.0000000000% Total Value: $154,535 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $154,535 $154,535 $0.00 GCO GUADALUPE COUNTY 0.334500 $154,535 $149,535 $500.19 LTR LATERAL ROAD 0.055000 $154,535 $146,535 $80.59 MAS MARION ISD 1.220000 $154,535 $139,535 $1,702.33 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $2,283.11 Taxes w/o Exemptions: $2,487.24 Improvement/Building Improvement#1: RESIDENTIAL State Code: E1 Living Area: 2336.0 Value: $105,927 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63523 5/25/2010 Uuauawpe t-Aij - rroperry uemiis Yage L of 2 sqft Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 9 1982 1792.0 STOR STOR-UNFIN 1982 135.0 GP GLSS PORCH 1982 12.0 CP COV PORCH 1982 324.0 UPST 2ND FLR * 1982 544.0 STG STORAGE STGF 1982 100.0 EP ENCL PORCH 0 408.0 Improvement#2: RESIDENTIAL State Code: E1 Living Area: 725.0 sqft Value: $40,421 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 1976 725.0 AGF ATT GARAGE-FIN * 1976 550.0 CP COV PORCH * 1976 324.0 PT PATIO-UNCOV 1976 80.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 0.6300 27442.80 0.00 0.00 $3,187 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $146,348 $8,187 0 154,535 $0 $154,535 2009 $148,654 $8,187 0 156,841 $0 $156,841 2008 $148,654 $8,187 0 156,841 $0 $156,841 2007 $156,045 $8,018 0 164,063 $0 $164,063 2006 $144,133 $6,947 0 151,080 $0 $151,080 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 OT OTHER SMITH PHILLIP E& 126-D 698 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:5!3/2010 8:47 0 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=63523 5/25/2010 Map Page 1 of 1 Guadalupe CAD Property Search Results>Property ID 63623 SMITH PHILLIP E dr J M for Year 2010 Property Details { ',Account Property ID: 83523 Geo.ID: 2130134-0000- 83524 10810-0-00 Type: Real ABS:134 SUR' Legal JOSE - Description: FLORES.6300 - AC Location :Address: 1984 BOLTON RD I Neighborhood: Mapsco: CAD Jurisdictions: LL '�S' owner Name: _ SMITH PHILLIP 83522 EBJM Address: 1994 BOLTON RD MARION,TX83523 78124-6002 Property Appraised Value:$154,535 -19584 Map Layers I Radius Search 19501 1 1g5e 63479 63489 Website version:1.2.2.0 Database lest updated on:5/3/2010 8:47 PM m 2010 True Automation,Inc.All Rights Reserved.Privacy Notice This site only support Internet Explorer S+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63 523&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, ome r le municipals located in Guadalupe County, Texas ("City"), and ` 1, c �J� W1 �•• `1�G' ("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 2 12.172 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 enibrcemeiA 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 Page I of 4 Tl-k§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 properly uniil such property has 6cen 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 Prof,-,rty and that it shall not annex the Property for the duration of this agreement. Except that, regardless of ho v,, the area is then curroniLly 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?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govenurient Code, or their successor statutes. Pen-nit 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 a lowt:u nereuncL,i this pruvisiun Then said action shall be duemed a rcquest 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 us 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. Cita-of Cibolo Pase 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 Cil�olo; a home rule nlunivi rty !ri Landowner. Guadalupe ounty, Texas By By: B e Pearson, cibolo City Manager or Address: Am R dal Anderson, Senior Planner ' City: State/Zip: 7glo? Date: ��.�o� /C.� Date: Cite of Cibolo Page 4 of 4 Tl-k§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT �-li���..iGviI ��..Td�, :"bY'_:yL71tA..t�u�l. �i.C�.iii,C1.!i:f�d �j_�ivY?t T T,Z` i LJ�,- P14►u,P E_5 nA i7li 7 jM. 4m TN appeared in person before me today and stated under oath: pX I .L-1p 5',n rT# "My name is ':AN M. 5,y, ,-fix( I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. /1� the owner of the property located at Z�t 10 W W AX0,1`Tx Said property is appraised for ad valorem tax purposes under the Texas Tax Code for A-(o (c ky-rvk,t t-- purposes." "Further, my property is currently being used for the following uses: /�&R1 Cu L--rtt� -SAY Pl�awc l`�lo,J Signed: eases l,4►wI S.H rt-// SAW F SERRAATO Nota -20 ry Public Pr d Name: � ✓ yvl, ° State of Texas 12 My Comm.Exp. D und-oath before me on Notary ublic, Stat of 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 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. Inteniational Private Sewage Disposal Code 2.006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page ] of 2 Guadalupe CAD Property Search Results > 19576 SMITH PHILLIP E & JEAN M for Year 2010 Property Account Property ID: 19576 Legal Description: LOT: 3 BLK:ADDN: COUNTRYSIDE ACRES 3.4900 AC, Geographic ID: 1G0680-0000-00300-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: O-6 Neighborhood CD: IH10W Owner Name: SMITH PHILLIP E&JEAN M Owner ID: 10434 Mailing Address: 1994 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (r)Improvement Homesite Vaiue: + $0 ( )Improvement Non-Homesi#e Value: + $0 O Land Homesite Value: + $0 (+)Land Non-Homesite Valu + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $60,067 $558 (+)Timber Market Valuation: + $0 $0 (_}Market Value: _ $60,067 (—;Ag or Timber Use Value Reduction: — $59,509 (_)Appraised Value: _ $558 (—)HS Cap: _ $0 (=)Assessed Value: _ $558 Taxing Jurisdiction Owner: SMITH PHILLIP E&JEAN M %Ownership: 100.0000000000% Total Value: $60,067 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax ,CAD APPRAISAL DISTRICT 0.000000 $558 $558 $0.00 iGCO GUADALUPE COUNTY 0.334500 $558 $558 $1.86 LTR LATERAL ROAD 0.055000 $558 $558 $0.31 c t ;MAS MARION ISD 1.220000 $558 $558 $6.81 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $8.98 Taxes w/o Exemptions: $8.98 Improvement/Building http://propaccess.trueautornation.con/ClientDB/Property.aspx?cid=2&prop_id=19576 5/2512010 Guadalupe CAD -Property Details Page 2 of 2 No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 3.4900 130680.00 0.00 0.00 $60,067 $558 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $60,067 558 558 $0 $558 X009 $0 $36,626 555 555 $0 $555 2008 $0 $25,199 544 544 $0 $544 2007 $0 $20,762 534 534 $0 $534 2006 $0 $12,215 537 537 $0 $537 Desd History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page I 1 2/11/2000 12:00:00 AM OT OTHER SMITH PHILLIP E& 1494 0211 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=19576 5/25/2010 d. CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated f , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS,a home rule municipality located in Guadalupe County, Texas ("City"), and A 1),. 2�7,aj QtA.A On ' ("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 Proper ty and its guarantee: 0 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 proper v Luitil 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 P;-operty for the duration of this agreement. ixccp,, Chat, r cgarcless of how the arca is then currently appraised for -ad valoreir'i tun' 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 Paae?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 alluwed hel'eandel this proVlslon then said action shai.l be deemed a fcCluest 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. Cite of Cibolo Paae 3 of d TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of C 00lo,"a home rule in is ity III Landowner: Guadalupe nty, Tex BY: By: ! B ,Pearson, a to City Manager or Address: al Anderson, Senior Planner City: /D11 State/Zip: 7�C 7gia IJ Date: Date: Cite of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT .. ;\ '�t"j d,4 �_Ir�'Lk _^-1 j7-,,is C1l..St4J i,Usand +..i{.lil V.itt Uses _ ?V I LL IF :fC ►.� Ak 5 M tappeared in person before me today and stated under oath: Syr►I-Of "My name is ; F—&A - AA `;n,ty I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. WiU Xam the owner of the property located at 12.000 2}} 10 W Said property is appraised for ad valorem tax purposes under the Texas Tax Code for A(m iii-'-rgAt purposes." "Further, my property is currently being used for the following uses: SARAH F.SERRATA Signed: c, P Notarl Public c tr State of Tem 9-201 /� � Comm.Exp ted Name: T&-4L, eeeeo SIGNED under oath befer me or. .Su Lei 9k)fl ;,201 0. Notary Public, State o 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 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 7183 International Private Sewage Disposal Code. 20.06 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Page 1 of 2 Guadalupe DAD Property Search Results > 63496 SMITH PHILLIP E & JEAN M for Year 2010 Property Account Property ID: 63496 Legal Description: ABS: 134 SUR:JOSE FLORES 14.9480 AC. Geographic ID: 2G0134-0000-09600-0-00 Agent Code: Type: Real Location 'Address: 12000 IH 10 W Mapsco: ' TX `Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: SMITH P'iILLIP E&JEAN M Owner ID: 87495 Mailing Address: 1994 BOLTON ROAD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 +)Improvement Non-Homesite Value: + $0 is+)Land Homesite Value: + $0 (+)Land Non-Homesite Value'.' + $126,013 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $126,013 (—)Ag or Timber Use Value Reduction: — $0 ------------------------ (_)Appraised Value: _ $126,013 (—)HS Cap: — $0 -------------------------- (_)Assessed Value: _ $126,013 Taxing Jurisdiction Owner: SMITH PHILLIP E&JEAN M %Ownership: 100.0000000000% Total Value: $126,013 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $126,013 $126,013 $0.00 GCO GUADALUPE COUNTY 0.334500 $126,013 $126,013 $421.51 LTR LATERAL ROAD 0.055000 $126,013 $126,013' $69:31 MAS MARION ISD 1.220000 $126,013 $126,013 $1,537.36 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $2,028.18 Taxes w/o Exemptions: $2,028.18 Improvement/ Building No improvements exist for this property. Guadalupe CAD - Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 14.9480 651134.88 0.00 0.00 $126,013 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $126,013 0 126,013 $0 $126,013 2009 $0 $126,013 0 126,013 $0 $126,013 2008 $0 $108,371 0 108,371 $0 $108,371 2007 $0 $95,464 0 95,464 $0 $95,464 2006 $0 $61,590 0 61,590 $0 $61,590 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 8/29/2005 12:00:00 AM WD WARRANTY DEED MINER READ& MA SMITH PHILLIP E& 2204 0547 2 12/8/1992 12:00:00 AM OT OTHER MINER READ& MA 1018 0377 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+. CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated7/,:::,?e , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality Io ated 11 in Guadalupe County, Texas ("City"), and feaAJ Nt rv+ IT4 ("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_recognitinn of the mutual benefits to_be.derived from the controlled development of til:; 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 re-ula:ions in the same manner the regulations are enforced within the i::itv's boundaries and authorizing enfon;ement by the City or 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 Paee 1 of 4 TLGC ti43.035 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 agrr ement ("Existing Uses''', on `their respective property until such property has bc4en 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 orpotential 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 their curren-dy appraised for ad vuiorem 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 Pase?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Goveriunent 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 aiiowcd hereunder this provision then said action siiali 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. Citv of Cibolo Paae 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 Ciboio, a Lome ruie municipality i;i Lauuo'wiier: Guadalupe C unty, Texas W;4u �ale By- By: Br Pearson, Cibolo City Manager or Address: Randal Anderson, Senior Planner ' City: �L/`/Oh State/Zip: Tx 74 Date: Date: Cite of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT -,; j,z aisai S �.+l�;ti an 'C,1 .,nf r. ..,u N !yl Srh 17f( appeared in person before me today and stated under oath: 1' 1 LuP & 5m(TH "My name is SM t-T f I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. yvIF el`am the owner of the property located at Ro Said property is appraised for ad valorem tax purposes under the Texas Tax Code for AG-Rlc-„LTwx'c purposes.” "Further, my property is currently being used for the following uses: f x-oh ix-er 7ov- igned: Ee ,' ARAH F. SERRATO 1 #Notary Publi ante Name: 7-j'CommteExpT05-22012 cath b-ibre me on oLy Notary Public, State 1 Texas Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS I:ist of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance 590 Subdivision Regulations 583 Sign Ordinance 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 r Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63524 SMITH PHILLIP E-VLB for Year 2010 Property Account Property ID: 63524 Legal Description: ABS: 134 SUR:JOSE FLORES 11.1600 AC. Geographic ID: 2G0134-0000-10900-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: q-6 Neighborhood CD: Owner Name: SMITH PHILLIP E-VLB Owner ID: 51565 Mailing Address: 1994 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124-6002 Exemptions: Values +)Improvement Homesite Value: + $0 (+)Improvement Non-Homesita Value: + $0 (+)Land Homesite Value: + $0 14-)Land Non-Homesite Value:i' + $0 Ag/Timber Use Value r)Agricultural Market Valuation. + $56,4.51 $1,544 +)Timber Market Valuation: + $0 $0 ------------------------ _)Market Value: _ $56,451 (—)Ag or Timber Use Value Reduction: — $54,907 (=)AppraisedValue: _ $1,544 (-)HS Cap: _ $0 ------------------------ (_)Assessed Value: _ $1,544 Taxying Jurisdiction Owner: SMITH PHILLIP E-VLB Ownership: 100.0000000000% Total Value: $56,451 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,544 $1,544 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,544 $1,544 $5.17 LTR LATERAL ROAD 0.055000 $1,544 $1,544 $0.85 MAS MARION ISD 1.220000 $1,544 $1,544 $18.84 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $24.86 Taxes w/o Exemptions: $24.85 Improvement/Building i No improvements exist for this property. http:,/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63524 5/25/'010 r Guadalupe CAD - Property Details -Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value i 1 D3A TILLABLE AVG 5.1600 217800.00 0.00 0.00 $26,101 $826 2 D3A TILLABLE AVG 4.0000 174240.00 0.00 0.00 $20,234 $552 3 D1A IMPROVEDAVG 2.0000 87120.00 0.00 0.00 $10,116 $166 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed '2010 $0 $56,451 1,544 1,544 $0 $1,544 '2009 $0 $56,451 1,536 1,536 $0 $1,536 :2008 $0 $56,451 1,501 1,501 $0 $1,501 "2007 $0 $53,458 1,465 1,465 $0 $1,465 2006 $0 $34,488 1,457 1,457 $0 $1,457 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page x1 OT OgHER SMITH PHILLIP E-V 598 357 Questions Please Cali (830) 303-3313 V 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+. R J t http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63524 5/25/2010 JUL722 6 010 CI LO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated �'i�, 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, h e rule municipality located in Guadalupe County, Texas ("City"), and bEA KJICC W,P_ l/,5 LLK 4 ("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 marine._- the regulations are enforced within the City's uourxlaries and auihorizing eni'orcement by the City of certain a,reed upon iand 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 Patel 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 agreeYnenc ("Existing Vises'j, on their respective prol.i✓ iv 'anIn 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 chat. rcgardlcss of how the area is then currentiy appraised for ad valurem tux 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 Pate?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 nuia,vc to hcreuridF.;r this provision then said action shall be Liccified a rcgdest- 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 Ag •eemeat sC:r;✓ing 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. Cit}-of Cibolo Paye 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 oft ibolo" fCibolo, a nome rule >nunicipa'' III Landowner: Guadalupe County, Texas By: Bru earSOn, Cibolo Cine Manager or Address: R dal Anderson, Senior Planner Cit y� State/Zip: p� Date: Date: Ow Cit} of Cibolo Paae 4 of 4 TLGC§43.035 Development Agreement t Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT ! � jf ofr ". a! Sa ���+�+ ? ly �E 1A/. OUE�.LA K appeared in person before me today and stated under oath: "My name is U/ C UELLO R 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 60LIO N RD Said property is appraised for ad valorem tax purposes under the Texas Tax Code for P MOLD L TURF purposes." "Further, my property is currently being used for the following uses: �Ay FWS + CROPS Signed: ,LPJI/)'1.LCP � Printed Name: 2 SIGNED under oath befro.e in;f on �,�.�/ �..2 ; 2010. OLMII e m Ex My Commisiai Expha danmy 10,2014 Notary Public, State of Texas w 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 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 78.3 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 _J , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS�a home rule muffality 1p� ed in Guadalupe County, Texas ("City"), and ` O—L?�F- 'e-r ("Landowner"); -e 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 controller' development of the Property and its guaranteed contimicd 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 reglalations are enforced within the City's 'boundaries and authorizing en urcement by the Ciiy of certain afire;d upon Land use dna 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 ("Existiiior Uses"), on their respective; property until such'properu- nas bceii 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, rcgura-less of hew the arca is then currently appraised for-ad valorc-m 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 Paae 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Goveriunent 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 rout allowed hereunder illis provision then said aciior�' 61-wi1 be denied 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 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. CounteEparts. 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 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. k-rtv ut iUolo, a Home ruie inunicl v >r Laiidowtier: Guadalupe County, Texas By: By- B ugearson. Cibolo City Manager or Address: R al Anderson, Senior Planner City: ��\ State/Zip: Date: Date: Citv of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT RIa--Dpeared in person before me today and stated under oath: "My name is �P-� Zr' , 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 _.1 72 40A e)l� ®q�o� Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Y'ctpurposes." "Further, my property is currently being used for the following uses: Signed: Printed Name:46/Xd o'/ SIGNED under bcfcr-� mt! Un �]-Lt a3, 'ZQ+ 0 s�•, PAMELA TRACEY FOSTER + "= Notary Public, State of Texas 1. ��= My Commission Expires July 0 8, 2014 c. Notary Public, State of Tex Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of Cit�,T 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 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 73 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 1 of 2 Guadalupe CAD Property Search Results > 63420 LOEFFLER ELIZABETH E LIVING TRUST for Year 2010 Property Account Property ID: 63420 Legal Description: ABS: 134 SUR:JOSE FLORES 59.5000 AC. Geographic ID: 2G0134-0000-06000-0-00 Agent Code: Type: Real Location (Address: BOLTON RD Mapsco: Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: LOEFFLER ELIZABETH E LIVING TRUST Owner ID: 111326 I ailing Address: C/O ELIZABETH E LOEFFLER TRUSTEE %Ownership: 100.0000000000% 1740 BOL;ON RD MARION,TX 78124 Exemptions: Vahses (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesitq Value: + $0 +)Land Homesite Value: + $0 (+}Land Non-Homesite Value: + $0 Ag/Timber Use Value (. )Agricultural Market Valuation: + $453,439 $9,520 (+j Timber Market Valuation: + $0 $0 (_)Market Value: _ $453,439 (-?Ag or Timber Use Value Reduction: — $443,919 (_)Appraised Value: _ $9,520 HS Cap: _ $0 ------------------------- (_)Assessed Value: _ $9,520 Taxing Jurisdiction Owner: LOEFFLER ELIZABETH E LIVING TRUST 9/o Ownership: 100.0000000000% total Value: $453,439 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $9,520 $9,520 $0.00 GCO GUADALUPE COUNTY 0.334500 $9,520 $9,520 $31.84 LTR LATERAL ROAD 0.055000 $9,520 $9,520 $5.24 klAS MARION ISD 1.220000 $9,520 $9,520 $116.15 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $153.23 t Taxes w/o Exemptions: $153.22 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63420 5/25/;010 Guadalupe CAD -Property betails Page 2 of 2 No improvements exist for this property. Lanci # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value ,1 D3A TILLABLE AVG 59.5000 2570040.00 0.00 0.00 $453,439 $9,520 Rolf Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $453,439 9,520 9,520 $0 $9,520 2009 $0 $453,439 9,461 9,461 $0 $9,461 2008 $0 $453,439 9,282 9,282 $0 $9,282 `2007 $0 $343,514 9,104 9,104 $0 $9,104 '2006 $0 $221,623 9,163 9,163 $0 $9,163 't De'sd History -(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page i1 7/25/2008 12:00:00 AM ED EXECUTORS DEED LOEFFLER EDDIE j LOEFFLER ELIZAB 2650 0219 2 7/25/2008 12:00:00 AM SWD SPECIAL WARRANTY DEED LOEFFLER ELIZAB LOEFFLER ELIZAB 2653 0472 3 OT OTHER LOEFFLER EDDIE j 466 172 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 Nctice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. P p P P Y P P P htt /I ro access.trueautomation.com/ClientDB/Pro ert .as x?cid=2& ro _id=63420 5/25/'.010 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63421 LOEFFLER ELIZABETH E LIVING TRUST for Year 2010 Property Account Property ID: 63421 Legal Description: ABS: 134 SUR:JOSE FLORES 1.2000 AC. Geographic ID: 2G0134-0000-06010-0-00 Agent Code: Type: Real Location Address. BOLTON RD Mapsco: Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: LOEFFLER ELIZABETH E LIVING TRUST Owner ID: 111326 Mailing Address: C/O ELIZABETH E LOEFFLER TRUSTEE %Ownership: 100.0000000000% 1740 BOLTON RD MARION,TX 78124 Exemptions: HS, OV65 Values (+)Improvement Homesite Value: + $151,711 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $14,145 (+)Land Non-Homesite Value: + $0 Ag t Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $165,856 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $165,856 (—)HS Cap: — $0 (_)Assessed Value: _ $165,856 Taxing Jurisdiction Owner: LOEFFLER ELIZABETH E LIVING TRUST %Ownership: 100.0000000000% Total Value: $165,856 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $165,856 $165,856 $0.00 DISTRICT GCO GUADALUPE 0.334500 $165,856 $150,856 $503.30 $503.30 COUNTY LTR LATERAL ROAD 0.055000 $165,856 $150,856 $82.97 $91.65 MAS MARION ISD 1.220000 $165,856 $140,856 $1,718.44 $1,755.78 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $2,304.71 Taxes w/o Exemptions: $2,669.45 http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63421 5/25/2010 - Guadalupe CAD - Property Details Page 2 of 2 Improvement/Building _ Improvement#1: RESIDENTIAL State Code: E1 Living Area: 3361.0 Value: $151,711 sqft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 9 BV-BRICK VNR 1990 2225.0 AGF ATT GARAGE-FIN * 1990 624.0 CP COV PORCH 1990 156.0 CP COV PORCH BV 1990 56.0 UTL UTILITY-FIN BV 1990 96.0 RES1 MAIN FLR 2 WD-WOOD 1902 1136.0 CP COV PORCH * BV 1990 413.0 F/V FLAT VALUE F/V BV 1990 288.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.2000 43560.00 0.00 0.00 $9,145 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $151,711 $14,145 0 165,856 $0 $165,856 2009 $153,601 $14,145 0 167,746 $0 $167,746 2008 $153,601 $14,145 0 167,746 $0 $167,746 2007 $147,430 $11,928 0 159,358 $0 $159,358 2006 $135,358 $9,470 0 144,828 $0 $144,828 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 7/25/2008 12:00:00 AM ED EXECUTORS DEED LOEFFLER EDDIE LOEFFLER ELIZAB 2650 0219 2 7/25/2008 12:00:00 AM SWD SPECIAL WARRANTY DEED LOEFFLER ELIZAB LOEFFLER ELIZAB 2653 0472 3 OT OTHER LOEFFLER EDDIE 1 466 172 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=63421 5/25/2010 Map Page 1 of 1 Guadalupe CAD Properly Search Results>Property ID 63421 LOEFFLER ELIZABETH E LIVING TRUST for Year 2010 i Proparty Details A i 1: Zoom Account I� Property ID: 63421 . 2G0134- Goo.ID: 0000-06010- 0-00 !Type: Real ABS:134 1 Legal SUR:JOSE - Description: FLORES i 1.2000 AC. Location Address:_ BOLTON 63614 RD Neighborhood: Mapsco: CAD 83424 Jurisdictions: ' ' S 'i owner \l\ Name: LOEFFLER 43524 ELIZABETH '.. E LIVING 63,tgg TRUST !Address: CIO 63421 ELIZABETH E LOEFFLER TRUSTEE 1740 BOLTON RD MARION, .. ' 834g8. TX 78124 63522 Appraised Value:$165,856 Map Layers !f Radius Search 19588 19587' ! 119585, Website version:12.2.0 Database last updated on:513/2010 8:47 PM ®2010 True Automation,Inc.AN Rights Reserved.Privacy Notice This site only supports Internet Explorer 8+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=63421&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule mu 'cipality located in Guadalupe County, Texas ("City"), and �,�trt��, �, 1,�� ~,'����►,a�,,,, ("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 amlexation 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 er:forced within the City's boundaries and authorizing eniorcement by tie 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 Pate I of 4 TLGC§43.635 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 agreerrient ("Existing Uses"), on their respective property until such property h'as bye; 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. b. 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 thc.� 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 Cin!of Cibolo Pa,-e?of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Govermnent 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 ailo-wed hL,eunder this provision theii said action shall be deemed a requesi fc 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 Ciuolo, a home ruic'mum Fall � if Landowner: Guadalu unty, Texas By: c l�.2.t. iSa (' 12�Xn�iy1 By earson, Ciboio City Manager or Address: 1o� S dal Anderson, Senior Planner City: ��.r� ON State/Zip: —Tx Is 1,;t Date: Date: / 2 Cin of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT CJ' a1�V 1 ;jam oa!rr,,y ^.t,i�a.� C+1 st,iSz ln.tf r"A=e L Tia� Lka Ft e SWt k VA appeared in person before me today and stated under oath: "My name is M iC.Lwpj� L Slo(�y1165"ka�wq 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 1,;L,4 S Sc kn- u kka QK/lar-1cm7k G I o 1J4 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for OLA rli.0 L (,+U__1{C. purposes." "Further, my property is currently being used for the following uses: OUA 0 (,,t&+VAat Signed: Printed Name: LIS 0, Fi-i CS 42,n Kak V-1 . . xae: oar.o�-forA me on Su Ll( Zlo, �2ij`10. �.�+►y;�k PAMELA TRACEY FOSTER Notary Public, state of Texas My Commission Expires July 08, 2014 pnwaa Notary Public, State of Texa 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 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations a Guadaiupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63376 FRIESENHAHN MICHAEL & LISA for Year 2010 Property Account .Property ID: 63376 Legal Description: ABS: 134 SUR:JOSE FLORES 3.5000 AC. Geographic ID: 2G0134-0000-04210-0-00 Agent Code: ,Type: Real Location Address: 1287 SCHMOECKEL RD Mapsco: TX Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL&LISA Owner ID: 79255 Mailing Address: 1245 SCHMOECKEL %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values {+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+l Land Non-Homesite Value:' + $0 Ag!Timber Use Value (+)Agricultural Market Valuation: + $60,273 $291 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $60,273 (-)Ag or Timber Use Value Reduction: — $59,982 {_)Appraised Value: _ $291 (—)HS Cap: — $0 t=)Assessed Value: _ $291 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL&LISA °(o Ownership: 100.0000000000% Total Value: $60,273 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax QAD APPRAISAL DISTRICT 0.000000 $291 $291 $0.00 GCO GUADALUPE COUNTY 0.334500 $291 $291 $0.97 (.TR LATERAL ROAD 0.055000 $291 $291 $0.16 MAS MARION ISD 1.220000 $291 $291 $3.55 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $4.68 i Taxes w/o Exemptions: $4.68 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.coni/ClientDB/Property.aspx?cid=2&prop_id=63376 5/25/2'010 Guadaiupe CAD - Property Details Page 2 of 2 Lanni # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D1A IMPROVED AVG 3.5000 152460.00 0.00 0.00 $60,273 $291 Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $60,273 291 291 $0 $291 2009 $0 $60,273 294 294 $0 $294 2008 $0 $60,273 294 294 $0 $294 2007 $0 $45,662 287 287 $0 $287 2006 $0, $29,459 277 277 $0 $277 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 7/8/2004 12:00:00 AM WD WARRANTY DEED WEATHERSBY RIC FRIESENHAHN MIC 2032 0779 2 8/15/1997 12:00:00 AM OT OTHER WEATHERSBY RIC 1287 0934 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+. i; 5 C , http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63376 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (`=Agreement"), dated �2(0 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipA�ity located in Guadalupe County, Texas ("City"), and N t"c�a.e,Q ' Li Sc, `�-li eSem"Vi ("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 tinder 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, inxecognition of the mutual benefits to be derived from the controlled-development of the Proper-�y 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 matlner the regulations are enforced within the City's bowidaries and authorizing enforcement by the City of certain agreed upon land use dnd development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meetingsubject 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 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 agreerrient ("Existing Uses"), on their rc3pective pbperty until such piopc rty 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 orthose 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 cf 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 Paye?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 ailow,v d hereunder this pfovision thea said "action shall be deemed a request- fur 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 laves 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 Pasie 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-01 Cibc} o, a home ruie n ici ality ire Landowner: Guadalupe unty, Texas By; By: ae,( �j l`�L T l eS2�►�LaL1 MeearSon, Cibolo City Manager or Address 1 Anderson, Senior Planner MCL( t City: �v ICL(t 0 A State/Zip: Date: / 2� ,� 0 Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT appeared in person before me today and stated under oath: "My name is kttt koel� (,.t 54..f�I eS1�4yxkV 1I 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 Z►{S S�VtrYta �Q�'��ri �g�Zy- Said property is appraised for ad valorem tax purposes under the Texas Tax Code for C GII'j purposes." "Further, my property is currently being used for the following uses: G�XL,te.tlQ "1,�n n Q Signed: 0aC..QUQ�L�� Printed Name: L-1,50- SIGNED lSa.SIGNED under oath be :;r:, 37LLL..►.! 2to , `,Z (Q ;,2010.- PAMELA 20i0.PAMELA TRACEY FOSTER YO; 4 S'.• :"z Notary Public,State of Texas s+. « My commission Expires July 08, 2014 """ Notary Public, State of 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 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 In.,ternational Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD - Property Details Pagel of 2 Guadalupe CAD Property Search Results > 63437 FRIESENHAHN !MICHAEL R for Year 2010 Property Account Property ID: 63437 Legal Description: ABS: 134 SUR:JOSE FLORES LN#30988 9.0000 AC. Geographic ID: 2G0134-0000-07000-0-00 Agent Code: Type: Real Location Address: SCHMOEPML RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: FRIESENHAHN MICHAEL R Owner ID: 72020 Mailing Address: 1245 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Varies (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $500 +)Land Homesite Value: + $0 (+)Land Non-Homesite Value: , + $0 Ag/Timber Use Value (�)Agricultural Market Valuation: + $53,855 $954 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $54,355 (-)Ag or Timber Use Value Reduction:- $52,901 (=)Appraised Value: - $1,454 -)HS Cap: _ $0 (_)Assessed Value: _ $1,454 Taxing Jurisdiction Owner: FRIESENHAHN MICHAEL R d/o Ownership: 100.0000000000% notal Value: $54,355 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,454 $1,454 $0.00 GCO GUADALUPE COUNTY 0.334500 $1,454 $1,454 $4.86 LTR LATERAL ROAD 0.055000 $1,454 $1,454 $0.80 MAS MARION ISD 1.220000 $1,454 $1,454 $17.74 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $23.40 Taxes w/o Exemptions: $23.40 Improvement I Building http;%/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63437 5/25/2010 Guadalupe CAD - Property Details Page-2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Valua: $500 Type Description Class CD Exterior Wall FN FLAT VALUE FIV Year Built SQFT Land 720.0 # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 DIA IMPROVED AVG 9.0000 392040.00 0.00 0.00 Roti Value History $53,855 $954 ,Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 12010 $500 $53,855 954 1,454 009 $5G0 $0 $1,454 2008 $53,855 927 1,427 $0 $1,427 $500 $53,855 936 1,436 $0 2007 $500 $40,799 $1,436 .2006 $500 $26,322 54 1,454 $0 $1,454 990 1,490 $0 $1,490 Deed History -(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page 1. 5/16/2003 12:00:00 AM WD WARRANTY DEED FRIESENHAHN MA FRIESENHAHN MIC 1844 0848 2 1/3/1994 12:00:00 AM OT OTHER - FRIESENHAHN MA 1075 0734 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 This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+, Reserved. Privacy Notice I i http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63437 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE AS a o e rule m ' y located in Guadalupe County, Texas ("City"), and e ('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 41.035 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 2 12.172 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. o -Line Property and its guaranteed continued extra territorial status for a certain time, Land_wvvner 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 tr�� 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 Pave 1 of 4 TLGC§43.03.)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 untich l suproperty 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 M"k. regardless of how the area is then currently appraised rad vaiC) �� 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 of 4 TLGC§43.03;Development Agreement Chapters 212 or 232 of the Texas Local Govermnent 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 Dict allowed hereunder this provision then'-said act oil :shall be decm(,cd 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 vvith triis Agree%nent 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 Pasie 3 of 4 TLGC§43.035 Development A.-reement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule m 'cipal y in Landowner: Guadalupe County, Texas B By: By: Br Pearson, Cibolo City Manager or Address: Wal Anderson, Senior Planner City:• ( / State/Zip: Date: X e Date: 7 i Cite of Cibolo Pate 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT (? ��7 .r f T r.-.JJ �'Y 77 �] 1 _ t'ti r.:, z�.Ca.r 1+ LI° . C..L1 . r��t'',:.S .� LL:M'tAJ :LN A C 1� t, T Icy n �� IQd c� ared in person before me today and stated under oath: "My name is m- n r) 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 fo1 �� t r_ Q�{�r L�� �, purposes." "Further, my property is currently being used for the following uses: Cn, Signed: P Printed Name: SIGi�ED under oaill u.> TL t.�t �p 2010 , 010., r ..., � Mf 11I��9 ►« "e,^ PAMELA TRACEY FOSTER g Notary Public, State of Texas t �a My Commission Expires ' �?;:� Jury 08, 2014 Notary Public, State of T 'x s I r' f I % 4 >" Or nance 47-2 006 Tract 1 J y Ordin ince 47-2006 1 Tract 2 ✓' Ordinance 47-2006 Ordinance 45-2006 Ordinance 44-2006 f " .2 8 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 61854 PFANNSTIEL GLADYS for Year 2010 Property Account Property ID: 61854 Legal Description: ABS:90 SUR:J N CORTINAS 356.9430 AC. Geographic ID: 2GO090-0000-01900-0-00 Agent Code: Type: Real Location Address: PFANNSTIEL LN Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: PFANNSTIEL GLADYS Owner ID: 106088 Nlailing Address: 2075 PFAI1NSTIEL %Ownership: 100.0000000000% CIBOLO, TX 78108 Exemptions: Values {+)Improvement Homesite Value: + $0 {+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 Q�)Land Non-Homesite Value: ^ + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $1,286,156 $54,861 Timber Market Valuation: + $0 $0 ------------------------- { )Market Value: _ $1,286,156 {—)Ag or Timber Use Value Reduction: — $1,231,295 {_)Appraised Value: _ $54,861 (—)HS Cap: _ $0 ------------------------- (_!Assessed Value: _ $54,861 Taxing Jurisdiction Owner: PFANNSTIEL GLADYS %Ownership: 100.0000000000% total Value: $1,286,156 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $54,861 $54,861 $0.00 GCO GUADALUPE COUNTY 0.334500 $54,861 $54,861 $183.51 LTR LATERAL ROAD 0.055000 $54,861 $54,861 $30.17 MAS MARION ISD 1.220000 $54,861 $54,861 $669.31 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $882.99 Taxes w/o Exemptions: $882.99 Improvement/Building No improvements exist for this property. a http:/,'propaccess.trueautom:xtion.com/ClientDB/Property.aspx?cid=2&prop_id=61854 5/25/;.:010 Guadalupe CAD - Property Details Page 2 of 2 t t Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 331.9430 14459437.08 0.00 0.00 $1,196,075 $53,111 2 D5G NATIVE GOOD 25.0000 1089000.00 0.00 0.00 $90,081 $1,750 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0 $1,286,156 54,861 54,861 $0 $54,861 2009 $0 $1,286,156 54,404 54,404 $0 $54,404 2008 $0 $1,286,156 53,258 53,258 $0 $53,258 2007 $0 $1,318,422 52,087 52,087 $0 $52,087 2006 $0 $850,595 52,369 52,369 $0 $52,369 Deed History-(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page 1 10/18/2007 12:00:00 AM ORW UNRECORDED WILL PFANNSTIEL ROMA PFANNSTIEL GLAC 2 OT OTHER PFANNSTIEL ROMA 514 876 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+. i 6a f http,Hpropaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61854 5/25/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencin, _ 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 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations A CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, ome rule m ity located in Guadalupe County, Texas (``City"), and �p1 ("Landowner"); IQZ c�Gr 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 o�xjner 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 guaran t.ed 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 manlier the regulations are enforced within the City's bouriddries and auiuurizing enforcement by the City of certain ae.reed upun. land use grid 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 agrcemcnt ("Existing Uses"), on their respective property until such property has be;--n 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. EXcep- that. regarai„ss of iio'v,, the area is then currently'appraised i,r ad-valu cm maw 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 Governinent 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 anv 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 riot ailuwcd hereLinder this provision then' said action sig wl eye dccmed a i%cqucsi 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 A`reement sci-vitg 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§43.033 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of .ii�oly, a home ruit mu>,liclity it;, i_,andownei: Guadalupe County, Texas By: By: ROq ` Br e Pearson, Cibolo City Manager or Address: s " dal Anderson, Senior Planner r City: c State/Zip: l Date: _/ Date: City of Cibolo Pace 4 of 4 TLGC.§'43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT f do of Tax ^1ti„-isa1 Status o^f dC„-1 t.t,iY.. T Tsc s ¢ T --(&"-1S--Pa0pjeared in person before me today and stated under oath: 1 , "My name is Ck�� !�- nnS�e( 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:C�(n`'-_-> c7p XNV\4F , ,P Ky Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Qt f` �- c� ( purposes.” "Further, my property is currently being used for the following uses: [ �' J Signed: Printed Name: SIGNETI under oath be--e rntf on Oto Tu Li( oLO� � ;'201 0. ��RY PU �i PAMELA TRACEY FOSTER —Qi '•°�' e`""i Notary Public, State of Texas Dr My commission Expires C._ Jufy OE, 2014 Notary Public, State of Texas Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS hist of City of Cibolo Ordinance.Ref_erencin 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 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 Guadalupe CAD - Property Details Pagel of 2 GLiadalupe CAD Property Search Results > 69687 PFANNSTIEL RAY JOY for Year 2010 Property Account Property ID: 69687 Legal Description: ABS:272 SUR: J M ROSA 49.0000 AC. Geographic ID: 2G0272-0000-01800-0-00 Agent Code: Type: Real Location Address: PFANNSTIEL LN Mapsco: Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: PFANNSTIEL RAY JOY Owner ID: 57204 Mailing Address: 1365 PFANNSTIEL LM %Ownership: 100.0000000000% CIBOLO, TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 +)Improvement Non-Homesite Value: + $0 (i-)Land Homesite Value: + $0 +)Land Non-Homesite Value:; + $0 Ag/Timber Use Value +)Agricultural Market Valuation: + $265,572 $7,840 {+)Timber Market Valuation: + $0 $0 -------------------- A=)Market Value: _ $265,572 (—}Ag or Timber Use Value Rc duction: — $257,732 (_}Appraised Value: _ $7,840 -)HS Cap: — $0 -----------------------r {_)Assessed Value: _ $7,840 Ta.ting Jurisdiction Owner: PFANNSTIEL RAY JOY 4110 Ownership: 100.0000000000% Total Value: $265,572 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax ,CAD APPRAISAL DISTRICT 0.000000 $7,840 $7,840 $0.00 ,GCO GUADALUPE COUNTY 0.334500 $7,840 $7,840 $26.23 ;LTR LATERAL ROAD 0.055000 $7,840 $7,840 $4.31 SCS SCHERTZ-CIBOLO-U.G. ISD 1.420000 $7,840 $7,840 $111.33 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $141.87 Taxes w/o Exemptions: $141.86 Improvement/Building No improvements exist for this property. http:/propaccess.tr-ueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69687 5/25/-:010 Guadalupe CAD - Property'Details Page 2 of 2 Land ,# Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value :1 D3G TILLABLE GOOD 49.0000 2134440.00 0.00 0.00 $265,572 $7,840 Roll Value History Year Improvements Land Market All Valuation Appraised HS Cap Assessed 2010 $0 $265,572 7,840 7,840 2009 $0 $7,840 $0 $265,572 7,791 7,791 $0 $7,791 2008 $0 $265,572 7,644 7,644 $0 $7,644 '2007 $0 $235,312 7,497 7,497 $0 $7,497 2006 $0 $151,814 7,546 7,546 $0 $7,546 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page ;1 5/28/1986 12:00:00 AM OT OTHER PFANNSTIEL RAY, 769 1108 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+. i r I http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69687 5/25/2010 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69688 PFANNSTIEL RAY JOY for Year 2010 Property Account Property ID: 69688 Legal Description: ABS:272 SUR:J M ROSA 0.6800 AC. Geographic ID: 2G0272-0000-01810-0-00 Agent Code: Type: Real Location Address: 1640 PFANNSTIEL LN Mapsco: TX Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: PFANNSTIEL RAY JOY Owner ID: 50240 Mailing Address: 1365 PFANNSTIEL LN %Ownership: 100.0000000000% CIBOLO,TX 78108-1501 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $17,288 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $9,095 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $26,383 (—)Ag or Timber Use Value Reduction: — $0 (_}Appraised Value: _ $26,383 (—)HS Cap: _ $0 (_)Assessed Value: _ $26,383 Taxing Jurisdiction Owner: PFANNSTIEL RAY JOY %Ownership: 100.0000000000% Total Value: $26,383 Entity'Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $26,383 $26,383 $0.00 GCO GUADALUPE COUNTY 0.334500 $26,383 $26,383 $88.26 - ,38 LTR LATERAL ROAD 0.055000 $26,383 $26,383 $14.51 SCS SCHERTZ-CIBOLO-U.C. ISD 1.420000 $26,383 $26,383 $374.64 Total Tax Rate: 1.809500 Taxes w/Current Exemptions: $477.41 Taxes w/o Exemptions: $477.40 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69688 5/25/2010 Guadalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E1 Living Area: 1389.0 Value: $17,288 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 3 WS 1389.0 DG DET GARAGE DGP WS 441.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 0.6800 0.00 0.00 0.00 $4,095 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $17,288 $9,095 0 26,383 $0 $26,383 2009 $17,799 $6,186 0 23,985 $0 $23,985 2008 $17,799 $6,186 0 23,985 $0 $23,985 2007 $19,335 $5,766 0 25,101 $0 $25,101 2006 $18,382 $4,607 0 22.989 $0 $22,989 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 5/28/198612:00:00 AM OT OTHER PFANNSTIEL RAY. 769 1108 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=69688 5/25/2010 Map Page l of 1 Guadalupe CAD Property Search Results>Property ID 69688 PFANNSTIEL RAY JOY for Year 2010 I Property Details _ ;Account Property ID: Mail Geo.ID: 260272-OWO. - 01810-0.00 j Type: Real Legal ABS:272 SUR: Deacriptfon: 0.68W 0 C. Location Addroas:.. 1840 -..... 89699 PFANNSTIEL LN TX Neighborhood: Maps Jurisdictions: CAD,GCO, LTR SCS Owner Nems: - -. ._PFANNSTIEL RAY JOY Address: 1365 i PFANNSTIEL LN CI80LO,TX 6 88 78108-1501 Property Appraised VaWe:$26,383 spear Map Ley. I Radius Search i 6>tapt I i Website version:1.22.0 Database last updated on:5/312010 8:47 PM ®2010 True Automation,Inc.Ali Rights Reserved.Privacy Notice This sit oMy supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/Map.aspx?cid=2&prop_id=6968 8&year=2010... 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated _-c2 E--/O 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule unicipality located in Guadalupe County, Texas (`'City"), and (6t./,°/%;�.,�s, C ,;,,j�I,,4 ("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 Pae 2 of 4 TLGC§43.035 Development Agreement g 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 muni ' 1 in Landowner: Guadalupe County, Texas B?dal By: earson, Cibolo City Address: 2-d, 71 /Jo,G taof qd Anderson, Senior Planner City: 89131 DA) / State/Zip: i' 6k I9 5 178I��t Date: 7 U Date: 7- 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 U(/ ,Cl�.1444C fl, J/vf appeared in person before me today and stated under oath: "My name is k).1/, A—.Vl C ,',,�". 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 �Z7/ /3 d//c��/ G� 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: Signed: Printed Name: SIGNED under oath before me on .J l.i oZ g, oZ©� , 2009. 3`0�"• 1. 1,�, PAMELA TRACEY FOSTER Notary Public, state of Texas FiE,��• MY Commission Expires � ��n,,,..P JUlY os, 2014 Notary Public, State ofe as vuauatuyc 1 a6%, i vi Guadalupe CAD Property Search Results > 63306 KIMBLER WILLIAM C & MARY ANN for Year 2010 Property Account Property ID: 63306 Legal Description: ABS: 134 SUR:JOSE FLORES RAD #931721/722 SERIAL#TXFIT84A52319- 6H11 0.9700 AC. Geographic ID: 2G0134-0000-00330-0-00 Agent Code: Type: Real Location Address: 2271 BOLTON RD Mapsco: Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: KIMBLER WILLIAM C&MARY ANN Owner ID: 51378 Mailing Address: 2271 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS Values (+)Improvement Homesite Value: + $36,075 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $28,860 (+)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $64,935 (—}Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $64,935 (—)HS Cap: — $0 (_}Assessed Value: _ $64,935 Taxing Jurisdiction Owner: KIMBLER WILLIAM C&MARY ANN %Ownership: 100.0000000000% Total Value: $64,935 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $64,935 $64,935 $0.00 GCO GUADALUPE COUNTY 0.334500 $64,935 $59,935 $200.48 LTR LATERAL ROAD 0.055000 $64,935 $56,935 $31.31 MAS MARION ISD 1.220000 $64,935 $49,935 $609.21 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $841.00 Taxes w/o Exemptions: $1,045.13 Improvement I Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63306 7/14/2010 ' vuaaampe t,�u - rroperLy veimis rage L or 2. Improvement#1: MOBILE State Code: A2 Living Area: 1456.0 sgft Value: $36,075 HOMES Type Description Class CD Exterior Wall Year Built SOFT MH MOBILE HOME M24 HB-HARDBOARD 1997 1456.0 AT ATTACHMENT AT1 MS 1.0 Land # Type Description Acres Sqft Elf Front Eff Depth Market Value Prod.Value 1 G29 G29 0.9700 0.00 0.00 0.00 $23,860 $0 2 UTIL UTILITY 0.0000 0.00 0.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $36,075 $28,860 0 64,935 $0 $64,935 2009 $36,031 $28,860 0 64,891 $0 $64,891 2008 $36,031 $28,860 0 64,891 $4,515 $60,376 2007 $36,031 $23,076 0 59,107 $4,220 $54,887 2006 $36,031 $16,662 0 52,693 $2,796 $49,897 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 3/1/1999 12:00:00 AM OT OTHER KIMBLER WILLIAM 1412 0482 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:7/6/2010 8:46 ®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=63306 7/14/2010 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 590 Subdivision Regulations 583 Sign Ordinance 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 7183 International Private Sewage Disposal Code2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD Property Search Results> 63306 KIMBLER WILLIAM C & MARY ANN for Year 2010 Property Account Property ID: 63306 Legal Description: ABS: 134 SUR:JOSE FLORES RAD #931721/722 SERIAL#TXFIT84A52319- 61-111 0.9700 AC. Geographic ID: 2G0134-0000-00330-0-00 Agent Code: Type: Real Location Address: 2271 BOLTON RD Mapsco: Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: KIMBLER WILLIAM C&MARY ANN Owner ID: 51378 Mailing Address: 2271 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: HS Values (+)Improvement Homesite Value: + $36,075 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $28,860 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $64,935 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $64,935 (—)HS Cap: — $0 (_)Assessed Value: _ $64,935 Taxing Jurisdiction Owner: KIMBLER WILLIAM C&MARY ANN %Ownership: 100.0000000000% Total Value: $64,935 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $64,935 $64,935 $0.00 GCO GUADALUPE COUNTY 0.334500 $64,935 $59,935 $200.48 LTR LATERAL ROAD 0.055000 $64,935 $56,935 $31.31 MAS MARION ISD 1.220000 $64,935 $49,935 $609.21 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $841.00 Taxes w/o Exemptions: $1,045.13 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63306 7/14/2010 f Improvement#1: MOBILE State Code: A2 Living Area: 1456.0 sqft Value: $36,075 HOMES Type Description Class CD Exterior Wall Year Built SQFT MH MOBILE HOME M24 HB-HARDBOARD 1997 1456.0 AT ATTACHMENT AT1 MS 1.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 0.9700 0.00 0.00 0.00 $23,860 $0 2 UTIL UTILITY 0.0000 0.00 0.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap !Assessed 2010 $36,075 $28,860 0 64,935 $0 $64,935 2009 $36,031 $28,860 0 64,891 $0 $64,891 2008 $36,031 $28,860 0 64,891 $4,515 $60,376 2007 $36,031 $23,076 0 59,107 $4,220 $54,887 2006 $36,031 $16,662 0 52,693 $2,796 $49,897 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 3/1/199912:00:00 AM OT OTHER KIMBLER WILLIAM 1412 0482 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:7/6/2010 8:46 ®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=63306 7/14/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), datedS 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a 1 ome rule municipality located in Guadalupe County, Texas ("City"), and S 4�.�,� ,� ("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 unc Property and i's guaranteed continued extra territorial status for a certain time, Landowiner 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 Frame manner the regulations are enforced within the Citv'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 ai 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 Pagel of 4 TLGC§43.035 Development Aareement 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 i"Existing Uses''), on their resp ecti v.e property mill such property has beta 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. regardiess 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 Paffe_'of 4 TLGC§43.035 Development Agreement v 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 governental entity that has_jurisdiction over the area, or change the existing use to a use ilot 'allmowed hereunder this provision Then said"ktioi, 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 Paae 3 of 4 TLGC§43.035 Development Agreement ro EXECUTED by the parties hereto to be effective as of the date first set forth above. City'o€%ibolo, a home rule lunicipa4ty in Landowner: Guadalup nty, Tex II By: Own By.`� B earson, Ci o Ci �er or Address: 4189 FM I&Q-9 al Anderson, Senior Planner / j ���� City: —_ a�s X State/Zip: lUDate: Date: t-5- 2010 Cin of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT .4 ffldavi* c S" S .A�u— appeared in person before me today and stated under oath: "My name is JA L,,, JLu-,— . 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 force f .6 3,q-/l Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." Ij "Further, my property is currently being used for the following uses: Signed: Printed Name: Hq KI A) SIGNED under oatn Qc ;.-; me on . Jr' 2010. No ary Public, at of Texas SMLA M.EDMMSON MY COMMISSION EXPIRES 4fa Jun 9,2012 Guadalupe CAD - Property Details Pagel of 2 Guadalupe CAD Property Search Results > 63511 SHAW SHAWN & DEBORAH K for Year 2010 Property Account Property ID: 63511 Legal Description: ABS: 134 SUR:JOSE FLORES 48.1550 AC. Geographic ID: 2GO134-0000-10310-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SHAW SHAWN& DEBORAH K Owner ID: 69692 Maiiing Address: 5989 FM 1628 %Ownership: 100.0000000000% ADKINS,TX 78101 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $295,599 $7,705 (+)Timber Market Valuation: + $0 $0 y=)Market Value: _ $295,599 {—)Ag or Timber Use Value Reduction: — $287,894 {=)Appraised Value: _ $7,705 (—)HS Cap: — $0 ---------------------- Assessed Value: _ $7,705 Ta>ing Jurisdiction Owner: SHAW SHAWN'&DEBORAH K 10 Ownership: 100.0000000000% 'total Value: $295,599 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,705 $7,705 $0.00 GCO GUADALUPE COUNTY 0.334500 $7,705 $7,705 $25.78 LTR LATERAL ROAD 0.055000 $7,705 $7,705 $4.24 MAS MARION ISD 1.220000 $7,705 $7,705 $94.00 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $124.02 Taxes w/o Exemptions: $124.01 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63 511 5/25/2010 Cuadatupe CAD - Property Details Page 2 of 2 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 48.1550 2090880.00 0.00 0.00 $295,599 $7,705 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0, $295,599 7,705 7,705 $0 $7,705 2009 $0 $295,599 7,657 7,657 $0 $7,657 X008 $0 $295,599 7,512 7,512 $0 $7,512 i 2007 $0 $223,939 7,368 7,368 $0 $7,368 2006 $0` $144,477 7,416 7,416 $0 $7,416 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 10/25/2002 12:00:00 AM WD WARRANTY DEED HERRERA JOYLEN SHAW SHAWN&D 1775 0290 2 6/21/1996 12:00:00 AM OT OTHER HERRERA JOYLEN 1215 0222 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 5/3/2010 8:47 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Wtice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. 3 , I i e r i r http://propaccess.trueautomnation.com/ClientDB/Property.aspx?cid=2&prop_id=63 511 5/25'2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated acvST 5 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and t�Mta ki, 13mt i I St LL NRS^5 S#4 11H ("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 a NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration, Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe Coun y, Texas By: By: t d Bruce arson, Cibolo City Manager or Address: l2�12 k@SS LJQ ST Ran Anderson, Senior Planner City fk OV �UWh W State/Zip: KS �6ZA3 Date: 116) Date: g 1 51 Z O ID City of Cibolo Paee 4 of 4 TLGC§43.035 Development Agreement Uuadatupe LAli -Property vetans Page 1 oft Guadalupe CAD Property Search Results > 129127 SMITH DAVID M & JILL HARRIS for Year 2010 Property Account Property ID: 129127 Legal Description: PT OF LOT: 1 ADDN: COUNTRYSIDE ACRES 1.215 AC. Geographic ID: 1G0680-0000-001 A0-0-00 Agent Code: ID:120899 Type: Real Location Address: 12424 IH 10 W Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q_6 Neighborhood CD: IH10W Owner Name: SMITH DAVID M&JILL HARRIS Owner ID: 111108 Mailing Address: 12712 KESSLER ST %Ownership: 100.0000000000% OVERLAND PARK, KS 66213 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $117,357 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $45,738 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $163,095 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $163,095 (—)HS Cap: — $0 (_)Assessed Value: _ $163,095 Taxing Jurisdiction Owner: SMITH DAVID M&JILL HARRIS %Ownership: 100.0000000000% Total Value: $163,095 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $163,095 $163,095 $0.00 GCO GUADALUPE COUNTY 0.334500 $163,095 $163,095 $545.56 LTR LATERAL ROAD 0.055000 $163,095 $163,095 $89.70 MAS MARION ISD 1.220000 $163,095 $163,095 $1,989.76 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $2,625.02 Taxes w/o Exemptions: $2,625.01 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=129127 7/14/2010 Guadalupe CA) -Property lletails Page L of z Improvement#1: RESIDENTIAL State Code: Al Living Area: 1381.0 Value: $117,357 sqft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 6 ME-METAL,BV-BRICK VNR 2007 1381.0 CP COV PORCH 2007 410.0 AGU ATT GAR-UNFIN 2007 576.0 CART CARPRT-I 2007 480.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 1.2150 52925.40 0.00 0.00 $37,538 $0 2 UTIL UTILITY 0.0000 0.00 0.00 0.00 $8,200 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $117,357 $45,738 0 163,095 $0 $163,095 2009 $118,534 $24,836 0 143,370 $0 $143,370 2008 $119,132 $12,000 0 131,132 $0 $131,132 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 7/16/2007 12:00:00 AM WD WARRANTY DEED SMITH PHILLIP E& SMITH DAVID M&. 2507 870 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:7/6/2010 8:46 0 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=129127 7/14/2010 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 5Vt-t B'YiLL H"'s SM*peared in person before me today and stated under oath: "My name is tku►b W 1M00j Z -PLL Ki*gU g4tj (. 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 lyali 3N to W ,iMltlRioN Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Slls6LE-R*%%L`( t cc,Itser A-L purposes." "Further, my property is currently being used for the following uses: S iNt�Lt;` p fArwtL`i rr@ES►ultrrni Signed: 4 Printed Name: bhv M SWAA SIGNED under oath before me on S✓� , 2010. DEBORAH K. THOMPSON 7�4(� Notary Public, state of Kansas Notary Public, State of Kansas My Appt. Expires - 1 x' 12 11'IIO /�O f� \`\`,�,,I v �� O 'Tr,-\Nk I £ X A S "City of Choice" PUBLIC HEARING NOTIFICATION June 17, 2010 Re: Proposed Involuntary Annexation Certain Properties located adjacent to Cibolo, Guadalupe County,Texas Dear Property Owner, The City of Cibolo hereby is providing you with notice that on Tuesday, August 3, 2010 and on Thursday, August 5, 2010 at 7:00 p.m., at Cibolo City Hall, 200 South Main, Cibolo, Texas, the City Council of the City of Cibolo intends to conduct public hearings to hear public testimony concerning the proposed annexation of the properties described below: 2,151.53 acres of land generally located south of Arizpe Road and extending to Interstate Highway 10, as noted on Exhibit A. Please contact me or Maggie Patterson, Assistant Planner, with any questions or comments by the following methods: E-Mail: randerson cibolotx gov or mpatterson@ciboiotx�ov Mw City of Cibolo PO Box 826 200 S. Main Cibolo,TX 78108 Phone: 210.658.9900 Fax: 210.658.1687 Sincerely, Randy An erson Senior Planner Proposed Annexation Map attacned 200 South IViain Spree:, F,C. Box 3.26,Ciboic,7exac 78108 Ptlone: 210-658-9900 'rax: 210-65c-16E? 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 6318 Landscape and Tree Preservation 775 2005 NEPA70 NTEC 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 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 -__, 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a lilome rule municipality located in Guadalupe County, Texas ("City"), and 4 A ("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, Landowr er and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the s..tme manner the regulations are enforced within the City's ooundariCs and authorizing enforcement b5 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 Pagel 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'resI active property uiiiil 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 orpotential 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 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 City of Cibolo Paae?of 4 TLGC§43.035 Development Agreement a , Chapters 212 or 232 of the Texas Local Govennnent 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 Dot allovv;d hereander this provision then sarcr'dctioi, slid!! 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 aimexation., 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 :rt EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a dome rule Zunicipaljfy in Landowner: Guadalupnty, Tex / 7 By:, ;. By: B earson, Ci o cin- er or Address: �M9 FM / jag ndal Anderson, Senior Planner City: S X State/Zip: l 1 Date: Date: 2010 Cite of Cibolo Pape 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITE' OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT fflda. 77} of Ti-K ^ rj ra1Sc`Zl Status and G�,�SL `! S .'] 1,L .e � � 1f S" S &Ur� —appeared in person before me today and stated under oath: "My name is Shzw,,j 7$ ,"-r— . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. pp � I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for purposes." "Further, my property is currently being used for the following uses: Signed: iuol Printed Name: SIN KIl) S HhW SIGNED under oath bc�,U.t; me on � . Jr � ,`2010. *Publiic. Nat of Texas Z� sou M. say Wy COMMISSION EXPIRES 4t„ Jule 9,2012 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63511 SHAW SHAWN & DEBORAH K for Year 2010 Property Account Property ID: 63511 Legal Description: ABS: 134 SUR:JOSE FLORES 48.1550 AC. Geographic ID: 2G0134-0000-10310-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: Neighborhood: Map ID: P-6 Neighborhood CD: Owner Name: SHAW SHAWN&DEBORAH K Owner ID: 69692 Mailing Address: 5989 FM 1628 %Ownership: 100.0000000000% ADKINS,TX 78101 Exemptions: Values {+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 {+}Land Non-Homesite Value:' + $0 Ag/Timber Use Value {+)Agricultural Market Valuation: + $295,599 $7,705 r+)Timber Market Valuation: + $0 $0 y=)Market Value: _ $295,599 {—)Ag or Timber Use Value Reduction: — $287,894 (_)Appraised Value: _ $7,705 (—)HS Cap: — $0 H Assessed Value: _ $7,705 Taking Jurisdiction Owner. SHAW SHAWN`&DEBORAH K Oio Ownership: 100.0000000000% Total Value: $295,599 EntityDescription Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,705 $7,705 $0.00 GCO GUADALUPE COUNTY 0.334500 $7,705 $7,705 $25.78 LTR LATERAL ROAD 0.055000 $7,705 $7,705 $4.24 MAS MARION ISD 1.220000 $7,705 $7,705 $94.00 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $124.02 Taxes w/o Exemptions: $124.01 Improvement!Building No improvements exist for this property. i http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63 511 5/25/2010 Guadatupe CAD - Property Details Page 2 of 2 i. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 48.1550 2090880.00 0.00 0.00 $295,599 $7,705 Roll Value History Tear Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2010 $0. $295,599 7,705 7,705 $0 $7,705 2009 $0 $295,599 7,657 7,657 $0 $7,657 1008 $0 $295,599 7,512 7,512 $0 $7,512 s 2007 $0 $223,939 7,368 7,368 $0 $7,368 2006 $0' $144,477 7,416 7,416 $0 $7,416 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page d 10/25/2002 12:00:00 AM WD WARRANTY DEED HERRERA JOYLEN SHAW SHAWN&D 1775 0290 2 6/21/1996 12:00:00 AM OT OTHER HERRERA JOYLEN 1215 0222 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 5/3/2010 8:47 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Nctice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. i 4 e x i http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=63511 5/25/2010 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and Cn twn L)l) n n ("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 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 Page 2 of 4 TLGC§43.035 Development Agreement f 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 Iaws 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 m .cipah Landowner: Guadalupe ,Texas By: By: C-1` X1 n u-)Lej mann Bruc arson,cboio city Maj6er or Address: 4?)D Lockk YSrC3 q K at Anaerson, senior Planner City: T ��j Y'Yl b 10, State/Zip: Date: j1q1,1O Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement 1 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT A rr S. �, ��T:,.� � s-rtrai.��! Cl t,i� .-.•s.a �''� --� .a TTS -�r "Y �sl,t>��'. %liC- Fes:. is ul-t.t r:vt!.Y. i4�J `'(A K e(`eta't`^ appeared in person before me today and stated under oath: "My name is G le r-n R- 0; v%kel rNgN n . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at_Pr o a e Z•C)• Co ?541 BOLTON RD. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for_ Air ; C K(t u it e purposes." "Further, my property is currently beim; used for the following uses: Grazini Row Cops Signed: S(P- G48-.277YPrintedName: _G IeKN SIGNED w, .-der csai me 9. 2010. Notary Public, tate of P•�Y ,#�ggq���A�'S SEPT.lb,�1 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated S', 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TES S h a rule rnu . palit�ated 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 terril.orial status for a ::ertain 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 enforcemcni 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 Paee 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 ("1✓xistinIn Uses''), on their icspective propc>ty 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 S 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 an a -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 Pave?of 4 TLGC§43.033 Development Agreement Chapters 212 or 232 of the Texas Local Govenu-hent 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 rwi alioweu hereunder this provision then said action shad 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 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. Cihv of Cibolo Paee 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 ality tri aridawrier: - - Guadalupe C. ty, Texas By: By: Bru& earson, Cibolo Ci anager or Address: 310 R dal Anderson, Senior Planner City: State/Zip: Date: c� L Date: S' 0y CAN of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT appeared in person before me today and stated under oath: "My name is / u � 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 3 1v ;� Said property is appraised for ad valorem tax purposes under the Texas Tax Code ford, purposes." "Further, my property is currently being used for the following uses: ' PAMELA TRACEY FOSTER Signed: t Notary Public,State of Texas My Commission Expires July 08, 2014 printed Name: At hpr Sc�w�o�1Lt/� SIvNED under s a'i. before me on Q5 n2A(411,+ a 0 () zkc�e:�L Notary Iic, 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 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 Guadalupe CAD - Property Details Page I 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: MARION, T X 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 r; (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $3,834 6+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+)Agricultural Market Valuation: + $382,754 $10,126 (4-)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 Owner: SCHMOEKEL BARBARA ANN %Ownership: 100.0000000000% Total Value: $386,588 l;ntity 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 $7.68 Itl1AS MARION ISD 1.220000 $13,960 $13,960 $170.31 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $224.68 Taxes w/o Exemptions: $224.69 Imoovement I Building 9 http:%/propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61868 5/25/2010 vuaaalupe CAD - Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sgft 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 Roll 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 X2007 $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 Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautotx:ation.com/ClientDB/Property.aspx?cid=2&prop_id=61868 5/25/2010 Guadalupe CAD -Property Details Page 1 of 2 ' Guadalupe CAD 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/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 Appraised 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 �provement/Building gement#1: RESIDENTIAL State Code: E1 Living Area: 1064.0 Value: $27,050 .trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=61869 5/25/2010