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RES 1440 11/08/2011
° F C1 4 o„,u...„,„.„.!? a\\ $ CJ J�\� J O K zI 1 Tex is "City of Choice" RESOLUTION NO. 1440 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT HEREBY RECOGNIZES AND APPROVES THE NON-ANNEXATION AGREEMENT EXECUTED BETWEEN THE CITY OF CIBOLO AND THE PROPERTY OWNERS WITHIN THE 1,606.41 ACRE ANNEXATION AREA DESCRIBED HEREIN, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON JUNE 14, 2011. PROPERTY DESCRIBED IN THE NON- ANNEXATION AGREEMENT IS SOUTH AND WEST OF THE EXISTING CORPORATE LIMITS OF THE CITY OF CIBOLO, NORTH OF INTERSTATE HIGHWAY 10 AND EAST OF CIBOLO CREEK AND IS LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and Page 1 WHEREAS, the City Council of the City of Cibolo, Texas, on June 14, 2011, authorized the annexation of 1,606.41 acres of its Extraterritorial Jurisdiction located in an area adjoining the existing City of Cibolo, Texas corporate boundary in the area described herein; and WHEREAS, Texas Local Government Code section 43.035(a)(2) stipulates that a municipality may not annex an area appraised for ad valorem tax purposes as land for agricultural use under Subchapter C or D, Chapter 23, Tax Code; and WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates provides that a municipality must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2) to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the City of Cibolo executed Non-Annexation Agreements for properties within the 1,606.41 acre annexation area authorized by the City Council of the City of Cibolo, Texas on June 14, 2011. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1. The Non-Annexation Agreement executed between the City of Cibolo and the eligible property owners within the 1,606.41 acre annexation area described in Exhibit A, is 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 November 8, 2011. PASSED AND APPROVED this, the 8th day of November 2011. C -! I-f L Je ifer H.: an, Mayor ATTEST: .meq l'! N Peggy Cimics, City Secretary Page 2 EXHIBIT A (Areas 1 & 2 Field Notes) ANNEX MAP—OCTOBER 25, 2011 FOR THE CITY OF CIBOLO, TEXAS Page 3 Field Notes for 52339 Acres of land to he annexed into the City of Ciboto, Guadalupe County, Texas, front the 1,606,41 Acre annexation area (Area #1=28.9.14; Arca #2- 1,317.27) adjacent and/or surrounded by the existing City Limits or ETI of the City of Cibolo,Guadalupe County,Texas. AREA.#1 BEGINNING: at a point at the Southeastern corner of a 1,50 Acre tract listed in the Guadalupe County Appraisal District, Account No. 69611 is the POINT OP BE.G.INN1.NG of heroin described 289.14 Acre tract. THENCE: S 590 55'35"W,for a distance of 119.03'to apoint; S.59°57'57"IP,for a distance of 160.88' to a point,: S$9°58'29"W,for a distance of 59.60'to a point; S 59°42'40"W,for a distance of 145.86'to a point; S 59°55'34"W,for adistanco of 551.49'to a point; S 64°16'00"1W,for a distance of 68.I1'to apoint; $59°10'20"W,fora distance of 1393.08'too.a point; S-60°02'54"W,for a distance of 915.90'to a point; S 60°47'27"W,for a distance of 142,571 to a point; S 60°40'26"W,for a distance of 671.72'to a.point; S 57"09'50"W,for a distance of 266,00'to a point; S 590 39'06"W,for a distance of 395.6V to a point; S-59°47' 11"W,for a distance of 515.3.1'to a point;. S 60°40'02"W,for adistance of 521.743'toa point; Page 4 „S5_9°08'56”W,for a distance of 409.11'to a point; S 5945'40"W,for a distance of 193.46'to a point on the Northeast Right-of-Way of Weir Road; Continuing along the Northeast Right-of-Way of WeirRoad, N 76°59'5T'W,for a distance of 270.73'to a poin4 N 83°18'49"W,bra distance of 97.32'to a point; Leaving the Northeast Right-of-Way and crossing Weir Road, S 210 4T 30"W,for a distance of 70.52'to a point on Cibolo Creek; Following the Eastern meanders of Cibolo Creek,S 69°09'43"W, for a distance of 17951'to a point; N 84°00'26"W,for a distance of 366.37'to a point; N 72°02'23"W,for a distance of 183.55'to a.point; N 46°35'13"W,for a distance of 102.23'to apoint; N 26°12'55"W,for a distance of 100.49'to a point; N 28°18'36"E,for a distance of 370.74'to a point; N 180 32'47"E,fore distance of 106.41'to a point; N 10°20'02"E,for a distance of 388.06'to a point; N 12°54'2?W,for a distance of 563.68'to a point; N 28°28'08"1W.for a distance of224.52'to a point; N 42°26'25'W for a distance of 183.51'to a point; Leaving the Eastern side of Cibolo Creek and Grossing the Lower Seguin Road,N 32°18' 16"W,for a distance of 73.51'to a point on the North Right-of-Way of Lower Seguin Road; Continuing along Lower Seguin Road Right-of-Way, S 83'34' 1?E,fora distance of 340.81'to a point; N 660 51'46"E,for a distance of 194.40'to a point; N 57°18'26"E,for a distance of 178.63'to a point; Page 5 N 60°59'04"E,for a distance of 317.59'to a paint; N 59°50'46#'E,for a distance of 1137.96'to a point; N 60°42'58"B,for a distance of 274.32'to a point; N 60°28'49"B,for a distance of 697.99'to a point; N 66°34'34"B,for a distance of 187.1.8'to a point; N 79° 14' 17"B,for a distance of 799.58'to it point; N 80°08'05"E,for a distance of 2,862.36'to a point; Leaving thoNarth Right-of-Way and crossing South Lower Seguin Road,S 30°09'31"B,for a distance of 831.02'back to the POINT OF BEGINNING and confaining289.14 Acres more or less. The annexed area is to include 289.14 Acres as described above less the followingparcels: - Guadalupe Cotmty Appraisal District AccotmtNo.69611 Rappmtmd,.Leann&Terry (1.5000 Ac.) - Guadalupe County Appraisal District Account No.69549 Jones,Earnest L.Jr.and Edith L.lieliinsJones (3.5100 Ac:) - Guadalupe County Appraisal District Accotmt No.69658 Crow',Norma Jean (6.3000 Ac.) - Guadalupe County Appraisal District Account No.69595 Schad,Jeffrey&Erin D. (7.0000 Ac.) Guadalupe County Appraisal District Account No.69578 Cabe,Rory&Roberta (1.0000 Ac,) - Guadalupe County Appraisal District Account No.69577 Cabe,Rory&Roberta (83900 Ac.) Guadalupe County Appraisal District Account No.69539 Beek,Daniel Ray (1.0000 Ac.) Page 6 = Guadalupe County Appraisal District Account No.69596 Sclnrld,Iefrey S.&Erin D. (L0000 Ac.) - Guadalupe.County Appraisal District Account No.69544 Mcicityre,Gail&Elaine McIntyre (7.0000 Ac.) - Guadalupe County Appraisal District Account No,106457 McIntyre,Gail&Elaine McIntyre (1.05.00 Ac.) - Guadalupe County Appraisal District Accoinit No.110545 McIntyre,Gail&Elarne McIntyre (1.2500 Ac.). - Guadalupe County my Appraisal District Account NT .134116 McIntyre,l3arbara.I. (1.0000 Ac Cauadalupc County Appraisal District Account No.69546 IvIeintyrc,Gail&Elaine McIntyre (7.0000 Ac.) Guadalupe County Appraisal District Account No.69539 Eec1c,.Daniel Ray (121.65(10 Ac.) - Guadalupe County Appraisal District Account No.69510 Cicicneki,Fread E Jr (p.7490 Ac.) Cu&'lupe County Appraisal District Account No.69608 Dear,Danny&Candace (1.9990 Ac.) for a total area to be annexed: 117.54 Acres. Page 7 AREA#2 BEGINNING: at a point at the Northeastern corner of a 57.30 Acre tract listed in the Guadalupe County Appraisal District„Account No. 63531 is the POINT OF BEGINNING Of herein described 1,317.27 Acre tract. T1 ENCE: S 310 00'59".E,for a distance of 1,026.59'to a point; S 59° 15'02"W,for a distance of 3,918.50'to a point; S 28°52'00E,for a distance of 379.81'to a point; S 59°49' 19"W,for a distance of 990.80'to a point on the.East Right-off Way of Haeckerv-ille Road; Continuing along the East Right-of-Way of Haeckerville Road, S 37°34'14"E,for a distance of 270.71'to a point; S 49°49'57"E,for a distance of 1;421.24'to a point; S 30° 18'35"E,for a distance of 1,006.95'to a point; Leading the East Right-of Way of Haeekerville Road, N 58°30' 14"E,for a distance of 2,121.50'to a point; S 30°36'00"L,for a distance of 3,880.14'crossing Bolton.Road and continuing to a point on the North Right-of-Way of 113.10 West; Continuing along JR 10 West;S 66°07'23"W,for a distance of 1,23537'to a point; Leaving the1'orthRight-of Way of1H 10 West,N 29°19'32"W, for a distance of 699.91'to a point on the South Right-of-Way of Bolton Road; Continuing along the South Right of Way of Bolton Road, S 58° 16' 19"W,for a distance of 1,902.88'to a point; S 31°32' 18"E,fora distance of 43316'to a Feint on the North Richt-of Way of IH 10 West; Continuing along the North Right-of-Way of IH 10 West, S 66°41'29"W,for a distance of 637.81'to a point; Page 8 S 63° 12'50"W,for a distance of 595.08'to a point on the Cibolo Creek Following the meanders of Cibolo Creel;along the East N 02°36'00"W.for a distance of 174.21'to anoint; N 24°49' 13"W,for a distance of 182.08'to a point; N 310 58' 13"W,for a distance oil 87.83'to a-point; N 49°21' 43"W,for a distance of 201.95'to a point; N 43°21'11"W,for a distance of 223.52'to a point; N 28"41'51'W,for a distance of 27030'to a point; N 41°24'43"W,fora distance of 191,25'to a point; N 49°01'37"W,for a distance of 177.61'to a point; N 33°06'30"W,fora distance of 119.65'to a point; N 26°04'26"W,for a distance of 260.95'to a point; N 27°20'09"W,for a distance of 174.80'to apoint; N 17'49'52"W,for a distance of 173.52'to apoint; N 17°39'56"W,for a distance of 287.88'to a point; N 06°42'33"W,for a distance of162.18'to a point; N 26°29'5T'E,for a distance of 390.42'to a point; N 33°00'48"W,for a distance of 245.02'to apoint; N 490 51'07"IN,for a distance of 151.06'to a point; N 78°27'20"W,for a distance of 447.24'to a point; N 89°48' 12"W,for a distance of 192.20'to a point; N83°23'02"W,for a distance of 375.66'to a point; S 89°39'19"W,for a distance:of 423.22'to°a point; Page 9 S.78°22' 14"W,for a distance of 283.01'to;point; S 66°36'47"1W,for a distance of 537.38'to apoint; N 78°52' 14"IV,for a distance of 321.64' to a point; N 66°43'24"W,for a distance of 196.42'to a point; N 39°59'34"W,far a distance of 286.68'to a point; N10°58'49"W,fora distance of295.61'to a point; N 11° 12'36"E,for a distance of 321.93'to a point; N04°21'44"E,for a distance of 265.70'to a point; N 01°44'52"E,for a.distance of 277.1.0'to a point; N 15°26*09"W,for a distance of 113.19'to apoint; N43°23'26"B.for a distance of 314.11'to a point; N 73°06'45"E,for a distance of 411.87'to a point; S 80°51' 1.4"E,for a distance of 115.71'to apoint; N 47°19'43"E,for a distance of 263.05'to a point;. N04°47'42"W,for a di stance of 230.92'to apoint; N 36°11'45"W,for a distance of 365.24'to a point; N 66°53'24"W,for a.di stance of 172.08'to a point; N 41°32'01"W,for a distance of 132.66'to a point; N 10°12'19"W,for a distance of 142.34'to a point; S 84°19'.05"W,for a distance of 244.08'to a.point; 5 60°21'09"W,for a distance of 229.08'to a point; S 51°02'04"W,for a distance of 142.51'to.a point; Page 10 -$.87*28' 13"W,fora distance of 147.17'to a point; S 60°38'45"W,for a distance of 190.59'to a point; N 49°27'427 W,for a distance of 191.55' to a point; N33°00'52"W,for a distance of 295.22'to a point; N 01°25'28"W,for a distance of 265.11'to&point; N 02°07'04"E,for a distance of 477.27'to a point; N 26°51' 16"W,for a distance of 189.76'to a point; N 53°47'20"W,for a distance of 328.24'to a point; N 36°15'27"W,fora distance of330.71'to a point; N 89°48' 12"W,for a distance of 124.00'to apoint; N 69°40'35"W,for a distance.of 476.60'to a point; N 88° 11'11"W,for a distanced'141.76'to&point; N 62°56' 12"W,for a distance of 314.22'to apoint; N 49°16'27"W,for a distance of 17235'to a point; N 80027'52"W,for a distance of 320.45'to a point; N 79°51' 10"W.for a distance of 173.61'to a point; N59°49'53"W,for a distance of 150.10'to a point; Leaving the meanders of Cibolo Creek And continuing N 60°05'44"E,fora distance of 87734'to apoint; S35°51'29"E,for a distance of 30.92'to a point; N 59°27' 19"E,for a distance of 1,105.32'to a point; N 27°26'ST W,for a distance of 23.71'to a point; N 59°03'36"E,for a distance of 943.76'to a point; Page 11 _N.60°04' 37"E,for a distance of 815.05'to a point on the West Right-of-Way of Haeckcrville Road; Continuing along the West Right-of-Way ofHaeckerville Road, S 31°00'30"E;for a distance of 180.90'to a point; Leaving the West Right-of-Way and crossing Haeckerville Road and continuing,N590 14'55"E,for a distance of 4,33933'to a point; N 39°59'44"E,for a distance-of404.93'to a point; N 59°45' 09"E,for a distance.of 1169.71'to a point; S 30°24' 16"E,fora distance of 1,896.27'to a point; N 59°451 09"E,for a distance of 427.65'to a point; S 30°33'44"E,fora dist aancc of 374.13'to.a point; N 77°28'35"E,for a distance.of 169.99'to-apoint; S 31°32' 07"E,for a distance of 325.59'to apoint; $58°07'49"W,for a distance of 1,339.59'to the POINT O 13EGINN1IG and containing 1,317.27 Acres more or less. The annexed area is to include 1,317.27 Acres as described above less the following parcels: - Guadalupe County Appraisal District.Account No.63531 Wells,Jake &Nancy C (57.5000 Ac.) - Guadalupe County Appraisal District Account No.63527 Wells,Jake R&Nancy C (60.0000 Ac,) - Guadalupe County Appraisal District Account No.63528 Wells,7akc R&Nancy C (1.9500 Ac.) - Guadalupe County Appraisal District Account No.63430 Martin,Ruth Krueger (23000 Ac,) ▪ Guadalupe County Appraisal District Account No.63431 Martin,Ruth.Krueger (0.7000 Ac.) Page 12 Guadalupe County Appraisal District Account No. 125980 Reinhardt,Joe C&Mary F (5.0000 Ac.) - Guadalupe County Appraisal District Account No.69640. Kansai,•Sotn&Sukesh (35.7100 Ac.) - Guadalupe County Appraisal District Account No.69636 Kansal,Som&Sukesh (43.0000 Ac.tett of 51.0000 Ac:) - Guadalupe County Appraisal District AccountNo.121033 Reinhtarcit,Joe C&Mary F (11.6000 Ac.). - Guadalupe County Appraisal District Account No.69638 Reinhardt,Joe C&Mary F (0.9540 Ac.) • Guadalupe County Appraisal District Account No.63541 Reinhardt,Joe C&Carol L (4.9000 Ac:) - Guadalupe County Appraisal District Account No.112059 Reinhardt,Joe C&Carol L (1.0000 Ac,) - Guadalupe County Appraisal District Account No.63543 Reinhardt,Joe C&Mury.F (54000 Am) • Guadalupe County Appraisal District Account No.63317 .Haese,Kevin&Michelle (4.6900 Ac.) - Guadalupe County Appraisal District Account No.34121 Ridge,Ronald-R.&Elaine A (5,0000 Ac.) - Guadalupe County Appraisal District Account-No.34120 Patrick,.Michael T&.Patty (2.0000 Ac.out of 5.0000 Ac.) Guadalupe County Appraisal District Account No.69655 Hawker,Bernadette N (10.0000 Ac.out of 15.4100 Ac,) - Guadalupe County Appraisal District Account No.69686 Nemec,Donna F (9.0000 Ac.out of 16..4100 Ac.) Guadalupe County Appraisal District Account No.69680 Roberson,Robert G.&.Patricia (8.0000 Ac.out of 14.41 Ac.) - Guadalupe County Appraisail District Account No.69707 Stolte,Franklin E Trustee Et Al (7.0000 Ac.out of 32.5000 Ae.) Page 13 ,Guadalupe County Appraisal District Account No.63540 Stolle,Franklin E Trustee Et Al (36.2700 Ac.) - Guadalupe County Appraisal District Account:No.6351.9 BMP San Antonio Asset Company LP (12.0000 Ac.out of 27.0000 Ac - Guadalupe County Appraisal District Account No. 63517 Sclnunoekel,Steven L (53.6000 Ac.) - Guadalupe County Appraisal District Account No.69656 Weir,Dennis J&Barbara 3 (23.1900 Ac.) - GnAtillupc County Appraisal District Account No.69657 Weir,Dennis 3&Barbara J (1.000.0 Ac) - Guadalupe County Appraisal District Account No.69626 Sczech,David L&Edward 3 Jr (44.3440 Ac.) - Guadalupe County Appraisal District Account No.69627 Sczech,David L&Edward T Jr (2.0000 Ac.) • Guadalupe.County Appraisal District Account No.69628 Sczech,David&Debra (2.0160 Ac.) - Guadalupe County Appraisal District Account No.63363 Grobe,Nathan A (25.3920 Ac.) - Guadalupe County Appraisal District AccountNo.63367 Grobe,Nathan A Sr&W (20.0000 Ac.) - Guadalupe County Appraisal District Account No.63365 Grobe,Nathan A Sr (30.3260 Ac.) - Guadalupe County Appraisal District Account No.63530 Penshona,Mark A&CatherineK (76.4160An.) - Guadalupe County Appraisal District Account No.63358 Garza,Holly (0.4300 Ac) - Guadalupe County Appraisal District Account No..6i3359 Mannesh,,.Paul 3 (96.0000 Ac.) - Guadalupe County Appraisal District Account No...63558 Bell,Selena A (2.5100 Ac.) Page 14 - Guadalupe CoutityApJpraisal District Account No.63426 Marmesh,Paul T (44.0000 Ac.) - Guadalupe County Appraisal District AccountNo.63427 Marmesh,Paul J (1.0000 Ac.) - Guadalupe County Appraisal District Account No.63362 Nichols,Burton K&Sally? (3.5100 A.G.) - Guadalupe County Appraisal District Account No.63570 Nichols,Sally? (1.8110 Ac.) - Guadalupe County Appraisal District Account No.66352 Nichols;Burton K.&Sally P (66.3520 Ace) s- Guadalupe County Appraisal District Account No.63502 Miedema Farms LP (42,1200 Ac.) - Guadalupe County Appraisal District Account.No..131336 Fischer,Jane E (2.0000 Ac.) - Guadalupe County Appraisal District AccouiriNo.63506 Fischer,Jane E (37.0300 Ac) - Guadalupe County Appraisal District Account No.6334.6 Sinidt,Lana Craft&Brenda Craft Scott (7.8000 Ac.) Guadalupe County Appraisal District Account.No.63347 Smidt,Lana Craft&Brenda Craft Scott (4.0000 Ae.) for a total area to be annexed: 40625 Acres. Ay�9.} et„9SPaa'A:L 1 04.2'? { 7 r ROpT �Mt 0�;,.,......... a kts naw Page 15 EXHIBIT A (Areas 3A & 3B Field Notes) ANNEX MAP—NOVEMBER 8, 2011 FOR THE CITY OF CIBOLO, TEXAS ANNEX MAP—NOVEMBER 8,2011 FOR THE CITY OF CIBOLO,TEXAS Field Notes for 71.67 Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas, from the 71.67 Acre annexation area (Area #3A-68.16; Area #3B-3.51) adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County,Texas. AREA#3A BEGINNING: at a point at the Southeastern corner of a 66.3520 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63569 and North Right-of-Way of Bolton Road is the POINT OF BEGINNING of herein described 68.1600 Acre tract. THENCE: Continuing along the North Right-of-Way of Bolton Road, S 58°38' 18"W,for a distance of 794.85'to a point; S 55°09' 17"W,for a distance of 47.02'to a point; S 57°49'02"W,for a distance of 186.73'to a point; Leaving the North Right-of-Way of Bolton Road and continuing, N 27°33' 14"W,for a distance of 99.44'to a point; S 59°43'32"W,for a distance of 508.77'to a point on the East side of Cibolo Creek; Following the meanders of Cibolo Creek,N 29°40'45"W, for distance of 54.20'to a point; N 49°21' 43"W,for distance of 201.95'to a point; N 43°21'11"W,for a distance of 223.52'to a point; N 28°41' 51"W,for a distance of 270.70'to a point; N 41°24'43"W,for a distance of 191.25'to a point; N 49°01'37"W,for a distance of 177.61'to a point; N 33°06' 30"W,for a distance of 119.65'to a point; Page 16 N 25°38' 31"W,for a distance of 141.11' to apoint; N 26°34' 56"W,for a distance of 119.85'to a point; N 27°20'09"W,for a distance of 174.80'to a point; N 17°49' 52"W,for a distance of 173.52' to a point; N 17°39' 56"W,fora distance of 119.64'to a point; Leaving the East side of Cibolo Creek and continuing, N 86° 16' 36"E,fora distance of 206.68'to a point; N 40°05' 52"E,for a distance of 461.45' to a point; S 32°37' 31"E,for adistance of 475.99'to a point; N 58°53' 08"E,for a distance of 1,012.06'to a point; S 30° 12'45"E,for.a.distance of 1,605.86'back to the POINT OF BEGINNING and containing 68.1600 Acres more or less. AREA#3B BEGINNING: at a point at the Northeastern corner of a 3.5100 Acre tract listed in the Guadalupe County Appraisal District, Account No. 63362 and South Right-of-Way of Bolton Road is the POINT OF BEGINNING of herein described 3.5100 Acre tract. THENCE: Leaving the South Right-of-Way of Bolton Road,S 30°43' 15"W, for a distance of 407.90'to a point on the North Right-of-Way of IH 10West; Continuing along the North Right-of-Way of 1H 10 West, S 66°32' 53"W,for a distance of 401.47'to a point on the East , ��rv < <!2P`I Right-of-Way of Bolton Road; piL. { � P; = \*, Continuing along the East Right-of-Way of Bolton Road, P °' N 30°54' 26"W,for a distance of 350.29'to a point on the South �RUD©LPH P. KLEIN IVa� Right-of-Way of Bolton Road; 14: A ' 9 79689 Continuing along the South Right-of-Way ofBolton Road, Of-PP� N 58° 18' 06"E,for a distance of 399.44 to THE POINT OF BEGINNING and containing 3.5100 Acres more or less. Page 17 EXHIBIT A (Areas 1 & 2 Graphically) sae - imrra41:11327E" otsA ''..„. ../J / /-SLOIM}F ER .AST COAXER V&TERRY 7AP P\ 1 OURI(iuFl.I.NlAC. 1 AREA#1 '' 1 T�'7,4_nC RC$=.8914 TO I ACF .4NNFX FD=11445 c1 i."._,\ r y L, 2 3 1, g AREA#2 ��—Pm� i TOTAL ACRES=L317.27 -- _ YORTNEASTCORNER TOAL ACRES ANNEXED-SS43I • JANE R k KANCY C WELLS c JOSE FLORFS 57300 AC JOfWU411D. `• I. -1 SCUM 1111 4-.;i0,- /' / / b/ / / W ////it I/ ,FND I / / / ; _._ 1:773 7� ANNEX MAP 7 OCTOBER.25.2011 / / // // 1 ::::::, KLEIN E. .® -- \LIREERINL/ / ///// Page 18 EXHIBIT A (Areas 3A & 3B Graphically) L./ ,,..„I AM r IOW A 3.4 a ♦M YMK ji,,“j<.."'...... ORM#C°.,..r. . SL.- __ ii L21 v. 63569 yNICHOLS BURTON K&SALLY P A 66 352 AC 0 AREA #3A f TOTAL ACRES68.16 TOTAL ACRES ANNEXED=68.16 r 63570 n NI HOLS SALLY�P DD IA I AT. . In CD N r COI co • r5 c 1 1 2 L'. I — _� " BOLTON RD. _ �' Les P.O,B, ------\,..L______ J! NIcrAREA #3B TOTAL ACRES ANNEXED=3.51 --_._____ IH . I a .r..►... „.., ......... ii. kt 1 IN AtiCciYrsaru EXHIBIT B Page 19 EXECUTED NON-ANNEXATION AGREEMENTS ANNEXATION AREAS 1, 2,3A & 3B Page 20 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), datedg /30// /, 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, T S, a horpe rule t•cipality located ` in Guadalupe County, Texas ("City"), and c c\ - 1 C\J -_ ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A (Guadalupe County Appraisal District Property Identification) attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 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 Parte 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 muni 's. in Landowner: Guadalupe Cou• , Texas By: L _ B j 'arsoni , Cibolo City Manager or Address: ' 'vZ. O 8 v e- R.ifiri al Anderson, Senior Planner City: Q7_ 1 State/Zip: 1. .2L-1 Date: 00/ I Date: q/SO/U City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63362 NICHOLS BURTON K& SALLY P for Year 2011 Property Account Property ID: 63362 M w Legal Description:ABS: 134 SUR:JOSE FLORES 3.5100 AC Geographic ID: 2G0134-0000-03500-0-00 Agent Code: Type: Real Property Use Code: Property Use Description: Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-5 Neighborhood CD. IH10W Owner Name: _ N NICHOLS BURTON K&SALLY P Owner ID: 51441 Mailing Address: 3230 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: + $64,936 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $64,936 (—)Ag or Timber Use Value Reduction: — $0 (=)Appraised Value: _ $64,936 (—)HS Cap• — $0 (=)Assessed Value: _ $64,936 . Taxing Jurisdiction Owner: NICHOLS BURTON K&SALLY P %Ownership. 100.0000000000% Total Value: $64,936 _ Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax• CAD APPRAISAL DISTRICT 0.000000 $64,936 $64,936 $0.00 GCO GUADALUPE COUNTY 0.345600 $64,936 $64,936 $224.42 LTR LATERAL ROAD 0.058000 $64,936 $64,936 $37.66 MAS MARION ISD 1.303200 $64,936 $64,936 $846.24 Total Tax Rate: 1.706800 Taxes w/Current Exemptions: $1,108.32 Taxes w/o Exemptions: $1,108.33 httn://nronaccess.trueautomation_com/C;lientT)R/Prnnertv.asnx?cirl=7&nrnn i(1=6;167 1(1n/2.()11 Guadalupe CAD - Property Details Page 2 of 2 Improvement/Building No improvements exist for this property. Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 3.5100 152895.60 0.00 0.00 $64,936 $0 Roll Value History Year Improvements Land Market Ag Valuation 'Appraised HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A 2011 $0 $64,936 0 64,936 $0 $64,936 2010 $0 $63,663 0 63,663 $0 $63,663 2009 $0 $48,524 0 48,524 $0 $48,524 2008 $0 $43,819 0 43,819 $0 $43,819 2007 $0 $34,408 0 34,408 $0 $34,408 Deed History-(Last 3 Deed Transactions) _ 1Deed #i Deed Date Type Description Grantor !Grantee 1 Volume!Page;Number • 1 3/3/2001 12:00:00 AM OT OTHER NICHOLS BURTON 1583 0381 0 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/28/2011 8:31 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. httn://nronaccess.trueautomation.com/ClientDB/Pronertv.asnx?cid=2&nron id=63362 10/3/2011 Guadalupe CAD - Property Details Page 1 of 2 , . . Guadalupe CAD Property Search Results > 63569 NICHOLS BURTON K & SALLY P for Year 2011 - Property Accmunt�_--___-__--- Property ID. 63568 Legal Description: ABS: 134 SUR:JOSE FLORES 66.352 AC. Geographic ID: 2G0134-0000'12600'0'00 Agent Code: Type: Real Property Use Code: Property Use Description: Location _____ _ Address: BOLTON RD Mapsco: VVF084 Neighborhood: CIBOLO CRK-EAST-GCO Map ID Q-5 Neighborhood CD. CCES Owner - -------------------------' -------'---------------- ------- -------- Nome: NICHOLS BURTON K&SALLY P Owner ID: 51441 Mailing Address: 3230 BOLTON RD %Ownership: 100.0000000000Y6 MARION,TX 78124 Exemptions: --------------------� --'----------'--------------� --- ---'--�-- - i Values (+)Improvement Homesite Value. + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag I Timber Use Value (+)Agricultural Market Valuation: + $200.986 $9,633 (+)Timber Market Valuation: + $0 $0 (=)MarkeValue: = *200.988 (—)Ag or Timber Use Value Reduction: — m191.358 ( )Appraised Value: = $9.633 (—)HS Cap: — $0 --- ---'- (=)Assessed Value: = $9.635 - ----------------- -- - - - —'— - ---� — --------- - ----- -------- i Taxing Jurisdiction Owner NICHOLS BURTON K&SALLY P %Ownership: 100.000000000096 Total Value: *200.386 Entity Taxable���:r�u�� Tax��� �p��!�em��|ue _ Value Estimated CAD APPRAISAL DISTRICT 0.000000 $9,633 $9,633 $0.00 - ----____ __-- - -___ _ -_ GQ] GUADALUPE COUNTY 0.345600 $9,633 *9.633 $33.29 _�- __ ----_-__-_ - -- LTR LATERAL ROAD 0.058000 ue.633 $9,633 $5.59 --__-_ -_- MAS MARION ISD 1.303200 *9.633 $9,633 $125.54 ---- ---' -------- --------- -- -----'------ ----- - -- Tota|ToxRote: 1.708800 Taxes w/CumantExem O442 ----------------- ---'------- --- - Taxes w/o ExemU no: $164.42 htbn://» onaoucoo'buoactoouatioo'cmo/C{iortDB/Pronertv'unnx7uid=2&nnon id=63564 10/3/2011 f Guadalupe CAD -Property Details Page 2 of 2 Improvement I Building No improvements exist for this property. Land # 'Type Description Acres 1Sgft Eff Front i Eff Depth Market Value !Prod.Value 1 D3A TILLABLE AVG 56.3520 2454693.12 0.00 0.00 $170,695 $9,073 2 D5A NATIVE AVG 10.0000 435600.00 0 00 0.00 $30,291 $560 Roll Value History Year Improvements Land Market Ag Valuation I Appraised F HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A 2011 $0 $200,986 9,633 9,633 $0 $9,633 2010 $0 $197,045 9,596 9,596 $0 $9,596 2009 $0 $197,045 9,530 9,530 $0 $9,530 2008 $0 $394,090 9,351 9,351 $0 $9,351 2007 $0 $298,553 9,142 9,142 $0 $9,142 I Deed History-(Last 3 Deed Transactions) #i Deed Date ;Type Description Grantor °Grantee i Volume i Page i Deed Number 1 4/6/199312:0000 AM OT OTHER NICHOLS BURTON 1035 0071 0 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/28/2011 8:31 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+ http://prooaccess.trueautomation.com/ClientDB/Prouertv.asnx?cid=2&nroo id=63569 10/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63570 NICHOLS SALLY P for Year 2011 Property Account Property ID: 63570 Legal Description:ABS. 134 SUR:JOSE FLORES 1.8110 AC. Geographic ID: 2G0134-0000-12601-0-00 Agent Code: Type: Real Property Use Code: Property Use Description: Location Address: 3230 BOLTON RD Mapsco: Neighborhood: Map ID. Q-5 Neighborhood CD: Owner Name: NICHOLS SALLY P Owner ID. 51586 Mailing Address: 3230 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124-6002 Exemptions: HS,OV65 i Values (+)Improvement Homesite Value: + $191,054 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: $10,486 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $0 $0 (+)Timber Market Valuation: $0 $0 Market Value: = $201,540 (—)Ag or Timber Use Value Reduction: — $0 ----- (=)Appraised Value: = $201,540 (—) HS Cap: $0 (=)Assessed Value: = $201,540 Taxing Jurisdiction Owner NICHOLS SALLY P %Ownership: 100 0000000000% Total Value: $201,540 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL DISTRICT 0.000000 $201,540 $201,540 $0.00 GCO GUADALUPE COUNTY 0.345600 $201,540 $186,540 $502.24 $502.24 LTR LATERAL ROAD 0 058000 $201,540 $186,540 $71.12 $71 12 MAS MARION ISD 1.303200 $201,540 $176,540 $1,634.86 $1,634.86 Total Tax Rate: 1 706800 Taxes w/Current Exemptions: $2,208.22 Taxes w/o Exemptions: $3,439.88 httrri/nronaccess tmealitnmatinn min/CI ientrill/Prnnertv crvectid=?Arnrnn ic1=61570 10/1/2011 Guadalupe CAD - Property Details Page 2 of 2 Improvement/Building Improvement#1: RESIDENTIAL State Code: El Living Area: 2988.0 sqft Value: $191,054 Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 11 SV-STONE VNR 1979 2988 0 CPT PATIO-COV * 1979 300.0 CP COV PORCH * 1979 154.0 GAPT GAR APTMNT * 1979 600 0 DG DET GARAGE DGA 1979 1040 0 POOL POOL PL3 1979 1.0 Land �....____..._._._...__..... # :Type Description Acres Sqft Eff Front 'Eff Depth ,Market Value Prod.Value 1 G29 G29 1.8110 43560.00 0.00 0.00 $5,486 $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 2012 N/A N/A N/A N/A N/A N/A 2011 $191,054 $10,486 0 201,540 $0 $201,540 2010 $191,054 $10,378 0 201,432 $0 $201,432 2009 $192,736 $10,378 0 203,114 $0 $203,114 2008 $192,736 $15,756 0 208,492 $0 $208,492 2007 $184,507 $13,149 0 197,656 $1,373 $196,283 Deed History-(Last 3 Deed Transactions) Deed #,Deed Date Type;Description'Grantor 1 Grantee Volume Page Number 1 2/20/1989 12:00:00 AM OT OTHER NICHOLS SALLY P 875 879 0 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/28/2011 8:31 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/ClientDB/Propertv.asnx?cid=2&nroo id=63 570 10/3/2011 • EXHIBIT B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses SALLY&BURTON NICHOLS are the owners of the property identified as Guadalupe County Appraisal District Parcels 63570, 63569 & 63362. Said properties are appraised for ad valorem tax purposes under the Texas Tax Code for Agricultural purposes." "Further, this property is currently being used for the following uses: Agricultura/Residential. Said property owners did not personally appear to execute this Non- Annexation Agreement but did affirm their consent verbally by phone to the City Planner of the City of Cibolo. Since the owners of this property were eligible under Texas Tax Credit Code to be offered a Non- Annexation Agreement. the City of Cibolo bestows this Non-Annexation Agreement on said properties identified by Guadalupe County Appraisal District as Tax Parcels#63570, 63569 and 63362, as shown attached hereto as Exhibit A, a Non-Annexation Agreement in lieu of the immediate annexation of this property.The term of the Non-Annexation Agreement shall run to October 25, 2019 for both parcels, unless the owner or his assigns chose to terminate the agreement, as stipulated in the terms of the agreement." Signed: Printed Name: Randal Anderson, City Planner Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated ' 2$ , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipalitylocated in Guadalupe County, Texas ("City"), and M ark 4 rCti/ie rote_ k ,1s-i ri ("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 TLOC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23,Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement • Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule muni '.a s Landowner: 1i h1 Guadalupe '. .ty, Texas /. , � By: By: _ % —rim j ni2n • ; . Ox,Acting Cibolo ,' Man.ler,_. or Address: ' � a 0 4&c ( k4.(, ( . • .f. Anderson, City Planner City: SC ( -1-1 State/Zip: -T ( W(q Date: qh Date: ,3/5±- 0q/ c`�(�i City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses - Mari< A:Pe.14s c1.D✓1 appeared in person before me today and stated under oath: • "My name is Ma(1 A, Postwrit . 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 4leckerire fie R.,41„ 6 i107( . Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Al / ( i vyw(ger purposes." "Further, my property is currently being used for the following uses: 4qir Maltrci,I Crap privuellu,ii 6i er Ode nYedtt S4,7 147 pro 77 Signed: CfMeti( aa Printed Name: Ktr k A,7vt� liorA SIGNED under oath before me on cff)tinm‘4 -7 , 2011. /&41Y Nota Public, State of Texas ,. : DIXIE BANE I..1,: Notary Public,State of Texas si.n� `�? MyCommission Expires i4jrfOF' ,` February 01, 2014 fHllll111 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses en n ;GYISc-N(1appeared in person before me today and stated under oath: ath "My name is CAL it€ l e os i a r.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 tItec,kerint de � e,c,t ��; . Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Ato fihAvtger purposes." "Further, my property is currently being used for the following uses: i Jo]HutroJ CRSp vt 'i` i Iee wile ptri444.1,4I Nay pr_ m ,, 4z9_,.../.........___ Signed: Printed Name: 004e(1 ILL I'\ 1 PitA5 k0.0, SIGNED under oath before me on4r cg/ , 2011. / e Notary Public, State of Texas "—:7,9,..Uo. DIXIE BANE 7,7"'"1-71 49,..‘` � Notary Public,State of Texas .4s...)..) �.. My Commission Expires "4 OS February 01, 2014 Mn"��u Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63530 PENSHORN MARK A & CATHERINE K for Year 2011 - --• - Property Account Property ID: 63530 Legal Description:ABS:134 SUR:JOSE FLORES 76.416 AC. Geographic ID: 2G0134-0000-11220-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: VVF078 Neighborhood: CIBOLO CRK-EAST-GCO Map ID: Q-5 Neighborhood CD: CCES Owner Name: PENSHORN MARK A&CATHERINE K Owner ID: 38658 Mailing Address: 8320 TRAINER HALE RD %Ownership: 100.0000000000% SCHERTZ,TX 78154 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)improvement Non-Homesite Value: + $0 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $292,101 $8,628 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $292,101 (—)Ag or Timber Use Value Reduction:— $283,473 (=)Appraised Value: = $8,628 (—)HS Cap: $0 (=)Assessed Value: = $8,628 Taxing Jurisdiction Owner: PENSHORN MARK A&CATHERINE K %Ownership: 100.0000000000% Total Value: $292,101 .Entity I Description 'Tax Rate!Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $8,628 $8,628 $0.00 GCO GUADALUPE COUNTY 0.344900 $8,628 $8,628 $29.76 ..... 1LTR LATERAL ROAD 0.055000 $8,628 $8,628 $4.75 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $8,628 $8,628 $123.81 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $158.32 Taxes w/o Exemptions: $158.32 Improvement!Building No improvements exist for this property. http://propaccesstrueautomation.com/clientdb/Property.aspx?prop_id=63530 8/3/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated clf , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TE S, a home a municipality located in Guadalupe County, Texas ("City"), andre,c� �r- -+r Seo ' ("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 bopndaries 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 areais 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 TGC§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. ` 0 S � z 1 11. Duration; Expiration. This Agreement shall be in effect for eigh (8) y s from the date signed by the parties. Upon the expiration of this Agreem , e 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: 6 g E idV ,&ui Fr S L o 71- Guadalupe County, Texas By: By: SG r Griga i'" Gary Cox,Acting Cibolo City Manager or Address: 9 S V6 LAN. Randal Anderson, City Planner City: SG 1-4 ,2 i Z. State/Zip: T &I y Date: Date: Va9a6 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), datedg- a 7 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and Jae ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo,said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns,including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement I EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas By: By: Gary Cox,Acting Cibolo City Manager or Address:NG 7J 5 a , Randal Anderson, City Planner City: O' State/Zip:7. 7,g /bl{ Date: Date: 9' - 7-!/ City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated q—a g , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO,TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ` (,C ("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 Gove bment Code Section 43.035. Pian 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 ...me rule m .. ipality in Landowner: Guadalupe • ,Texas 1' > By: ✓ B : . d A _ )�/�2�/rae lit_ G / ox,Acting Cibolo C.v anger or Address: 4147 Du' ' .4 dal Anderson, City Planner i City: C]k oto State/Zip: 17( i(p$ Date: q/c.l df Date: q a8r4 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69656 WEIR DENNIS J & BARBARA J for Year 2011 Property Account Property ID: 69656 Legal Description. ABS:271 SUR: F RODRIGUEZ 23.1900 AC Geographic ID: 2G0271-0000-08700-0-00 Agent Code: Type: Real Location Address: 405 DW LN Mapsco: Neighborhood: Map ID. P-5 Neighborhood CD. Owner Name: WEIR DENNIS J&BARBARA J Owner ID. 0--57178 Mailing Address: 447 DW LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+) Improvement Non-Homesite Value: + $25,110 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $47,341 Ag/Timber Use Value (+)Agricultural Market Valuation: + $135,633 $1,410 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $208,084 (–)Ag or Timber Use Value Reduction:– $134,223 (_)Appraised Value: _ $73,861 (–)HS Cap: – $0 (=)Assessed Value: _ $73,861 Taxing Jurisdiction Owner WEIR DENNIS J&BARBARA J %Ownership: 100.0000000000% Total Value: $208,084 Entity'Description jTax Rate:Appraised Value Taxable ValueEstimated Tax' CAD APPRAISAL DISTRICT 0.000000 $73,861 $73,861 $0 00 GCO GUADALUPE COUNTY.._ ._ 0.344900 $73,861 ._.. _w $73,861 VW—m_T$254 74 LTR LATERAL ROAD 0.055000 $73,861 $73,861 $40.62 SCS SCHERTZ-CIBOLO-U C ISD 1.435000 $73,861 $73,861 $1,059.90 Total Tax Rate: 1 834900 ...,.__,..__...._.__.._.__.._..._..__._._,__. __..._._.,.�..._..._._._,.___._.. Taxes w/Current Exemptions:_vw $1,355.26 w/Current .... __ .._.____ Taxes w/o Exemptions: $1,355.28 Improvement/Building Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $25,110 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop id=69656 9/29/2011 Guadalupe CAD -Property Details Page 2 of 2 Type Description Class CD Exterior Wall Year Built SQFT FN FLAT VALUE FN 3600.0 BARN BARN WSD 900.0 I Land # Type ;Description Acres i Sqft ':Eff Front Eff Depth Market Value 'Prod.Value 1 DIA IMPROVED AVG 17.1900 740520.00 0.00 0.00 $135,633 $1,410 2 G29 G29 6.0000 261360.00 0 00 0.00 $47,341 $0 i Roll Value History Year !Improvements Land Market i Ag Valuation I Appraised i HS Cap :Assessed 2012 N/A N/A N/A N/A N/A N/A 2011 $25,110 $182,974 1,410 73,861 $0 $73,861 2010 $25,110 $179,387 1,427 72,950 $0 $72,950 2009 $25,110 $179,387 1,444 72,967 $0 $72,967' 2008 $25,110 $179,387 1,444 72,967 $0 $72,967 2007 $25,023 $135,900 1,410 61,595 $0 $61,595 Deed History-(Last 3 Deed Transactions) #ipeed Date 'Type !Description !Grantor i Grantee ry ;Volume ;Page 1 9/29/1995 12:00:00 AM OT OTHER WEIR DENNIS J&E 1168 0482 Questions Please Call(830)303-3313 Website version. 1.2.2.2 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Propertv.asnx?nroD id=69656 9/29/2011 S Guadalupe CAD -Property Details Page 1 of 2 • Guadalupe CAD Property Search Results>69657 WEIR DENNIS J&BARBARA J for Year 2011 Property Account Property ID: 69657 Legal Description:ABS:271 SUR:F RODRIGUEZ TEX#174396 SERIAL#TXFL2AB318400490 1,0000 AC.1981 BARRINGTON/FLTWD Geographic ID: 2G0271-0000-08710-0-00 Agent Code: Type: Real Location Address: 447 DW LN Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: WEIR DENNIS J&BARBARA J Owner ID: 57178 Mailing Address: 447 DW LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $21,370 (+)Improvement Non-Homesite Value:+ $0 (+)Land Homesite Value: + $12,783 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: = $34,153 (-)Ag or Timber Use Value Reduction:- $0 (=)Appraised Value: = $34,153 (-)HS Cap: - $0 (=)Assessed Value: = $34,153 Taxing Jurisdiction Owner WEIR DENNIS J&BARBARA J %Ownership:100.0000000000% Total Value: $34,153 !EntitylDescription I Tax Rate Appraised Value: Taxable Value Estimated Tax• T .,...„..... I CAD APPRAISAL DISTRICT 0.000000 $34,153 $34,153 $0.00 ? GC0 GUADALUPE COUNTY 0.344900 $34,153 $29,153 $100.55 :LTR LATERAL ROAD 0.055000 $34,153 $26,153 $14.38 ' SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $34,153 $19,153 $274.84 i Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $389.77 Taxes w/o Exemptions: •Improvement!Building ....._ .._. Improvement#1: RESIDENTIAL State Code: Al Living Area: 1120.0 sqft Value: $21,370 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 MS-MASONITE 1981 1120.0 AT ATTACHMENT AT4 MS 0 1.0 Land I# Type .Description :Acres •.Sqft T Eff Front i Eff Depth T Market Value Prod.Value .,. '1 G29 G29 1.0000 43560.00 0.00 0.00 $7,783 $0 •2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History . . T Year T improvements :Land Market Ag Valuation :Appraised i HS Cap T Assessed ;2012 N/A N/A N/A N/A N/A N/A' 2011 $21,370 $12,783 0 34,153 $0 $34,153 .2010 $21,370 $12,630 0 34,000 $0 $34,000 2009 . $21,723 $12,630 0 34,353 $0 $34,353 .._.._ „........ .. -„ __..... 2008 --- $21,723 $12,630 0 34,353 00 $34,353 '2007 $21,494 $10,780 0 32.274 $0 $32,274 ._ ._._. Deed History-(Last 3 Deed Transactions) #,Deed Date 'Type Description !Grantor T Grantee T Volume Page ._ ._. .. . 1 9/2911995 12:60:00 AM OT OTHER WEIR DENNIS J&E 1168 0482 _.. ._. .._ _ _. ..... http://propaccess.trueautomation.com/clientdb/Property.aspx?prop id=69657 9/29/2011 • Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses /vLw- Zdee...-,2 appeared in person before me today and stated under oath:f : "My name is -j' e''' . I am competent to make this affidavit. The facts stated in this affidavit are wit in my personal knowledge and are true and correct. I am the owner of the property located at 2T 5`7 ,U (A) 4 "9)1e LOq L-05-1 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for s-. f.Yle i-Pt purposes." "Fiher,my property is currently Ibeing sed for the followingir uses: yi G. V c' \ AA----n--- --)-- .Q_S--(--("ce-7( 99 Signed: 7, 22., ---/%)--e1-2-- Printed Name: ) .F/U MS ,T 7A) L/ e SIGNED under oath before me o84-- - 9q , 2011. "p"5 MAGGIE LYNNE 1TTERSON /k /� , 3'•°�� '�'?Notary Public,State of Texas v 1 1 My Commission Expires A t ; • QI,Q,Ut%(r) Notary Publi ' ate of Texas; :E December 22, 2014 1 ; CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 5ep-t 025 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), ando ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns,including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas By: 'obex J-a- k. Ca,he_ By: Gary Cox,Acting Cibolo City Manager or Address: 111. Lp \f ck-i i L, Randal Anderson, City Planner City: ('a b I 0 State/Zip: 1 K1 1%102 Date: Date: l I aZ(I I City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement . Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses V(ter-\-0L-09-61, appeared in person before me today and stated under oath: "My name is aata I _\S . 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 1 LowQ..y Va l09 12c/. Said property is appraised for ad valorem tax purposes under the Texas Tax Code (Oq'S i forUOV ! O dlifitcr \ ialLitlYCLP purposes." (DC157 C7 J "Further,rtrm�y�property is currently being used for the following uses: I r Sora , G ,, Signed: 6jbkLL* • Co Printed Name: 0eX L. CCS. SIGNED under oath before me onSorikikY' 0S , 2011. ,.�.".'!9a; MAGGIE LYNNE PATTERSON U)(-& Arrk(4*-tuw) Arks Notary Public,State of Texas Notary P ic, State of Texas : My Commis8ion Expires ''g?,,,;;;o' December 22, 2014 Guadalupe CAD -Property Details Page 1 of 2 zmins=vmuz.s.wet • Guadalupe CAD Property Search Results > 69577 CABE RORY & ROBERTA for Year 2011 Property Account Property ID: 69577 Legal Description:ABS:271 SUR:F RODRIGUEZ 8.5900 AC. Geographic ID: 2G0271-0000-03200-0-00 Agent Code: Type: Real Location _ - - -- _ -- Address: LOWER VALLEY LN Mapsco: WF072A TX Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-4 Neighborhood CD: CCES Owner Name: CABE RORY&ROBERTA Owner ID: 71133 Mailing Address: 111 LOWER VALLEY LN %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $1,934 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $89,725 $928 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $91,659 (—)Ag or Timber Use Value Reduction: — $88,797 (=)Appraised Value: = $2,862 (—)HS Cap: $0 (=)Assessed Value: = $2,862 Taxing Jurisdiction Owner: CABE RORY&ROBERTA %Ownership: 100.0000000000% Total Value: $91,659 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax • CAD APPRAISAL DISTRICT 0.000000 $2,862 $2,862 $0.00 GCO GUADALUPE COUNTY 0.344900 $2,862 $2,862 $9.87 LTR LATERAL ROAD 0.055000 $2,862 $2,862 $1.57 ' SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $2,862 $2,862 $41.06 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $52.50 Taxes w/o Exemptions: $52.51 Improvement I Building - - - http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69577 8/3/2011 Guadalupe LAD -Property Details Page 1 of 2 -�.^. Guadalupe CAD Property Search Results > 69578 CABE RORY & ROBERTA for Year 2011 - - - - _- Account Property ID: 69578 Legal Description:ABS:271 SUR:F RODRIGUEZ 1.0000 AC. Geographic ID: 2Q0271-0000-03210'0'00 Agent Code: Type: Real Location---_' - Address: 111 LOWER VALLEY LN Mapsco: VVFO72B Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-4 Neighborhood CD: CCES Owner --- Name: CABE RORY&ROBERTA Owner ID: 71133 Mailing Address: 111 LOWER VALLEY LN %Ownership: 100.000000000096 CIBOLO,TX 78108 Exemptions: HS (+)ImprovemenHomesite Value + $184,686 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $14.373 (+)Land Non-Homesite Value: + $0 Ag I Timber Use Value (+)Agricultural Market Valuation: + $0 $O (+)Timber Market Valuation: + $0 $0 (=)Market Value: = $199,059 (-.)Ag or Timber Use Value Reduction:- $0 ( )Appraised Value: = $199.058 FfM8Cap: _ $0 ( )Assessed Value: = *199.059 _ _ - Owner: CABE RORY&ROBERTA %Ownership: 100.0000000000% Total Value: $199.059 Entity �qtity ueocrpomm Tax Rate,Appraised Value Taxable Value Estimated Tax ; ._ iCA15 APn�SALDISTRICT u000000 __ $199,059__ _ _ $199,059 $0. GVA[ALUPECOUNTY 0.344900 � �8OO $199,059 $194.059 $G31 �8�� LTR LATERAL ROAD 0.055000 *199,O59 *191.0� $1�.� r — -'---�---'-- ---------'---------�------ - ----- - - - --- - - �-�G ��UERTZ'C|BOLQ'U�C ISD 1.435000 $199,059 $184,059 �2.O41�24 -- - -- _ TotalTax Ro�: 1.834900 - - -- - - - -' - ----'----- -'-- -- '- - Taxes w/Current Exemptions: $3.415.63 . -_ _ - _ - ___- -- -- - --_ -_ _---'_- _� �_ Taxes vw�ExempUono __�_ $3.O52�_�__ improvement/Building _ _ __ _ CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 5"2j° "b-1-.,V, 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and t< 6 ,t 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. 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 - =ro.- -: , the Effective Date of this agreement or those other Existing Uses as listed • Exhibit B a ched i reto. ' '= y 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 is .1 -cip 'ty in Landowner: Guadalupe sty, Tex. By: 3#lc- as cAl e ll1 VIox,Acting CiboloCity Manager or Address: -2/z �4/�e7 Anderson, City Planner City: lec.DL_O State/Zip: 7 5,C v k Date: (1/23/,/ Date: �` 23 2-c// 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 jcJ42. \ l lS appeared in person before me today and stated under oath: "My name is () 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 2,' )11Q.QC,I-Q 1 -e Said property is appraised for ad vor rem tax purposes under the Texas Tax Code oct for q3 purposes." "Further, my property is currently a eing used for the followin uses: VNOVNIN.42 -Sie....c44 IQ.,rGekS 1 IP. 410? ...alf --I:a :' F ,, __Icaa.S. . 77 Signed: ..-- 9/e/0_, —,,_ Printed Name: .2.741- e /E. 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',i::-. '4'..f.C/3:4301 ••:. :.:: :,''' ..'-f:''''''....'S?:';': ;''.W:.i.'ff':W•.,-:,•?•.':, `”‘-'-':•>.'' '`:-.•;,;^iP : A:•'. ••,'; '•.: 7.-j;kialian!SD il *491 '0;‘,..'n,,i.,.. L'- e-'5:',,"f,,.K:::.,'-,1•::::-,,-;.• .,-.,,-1,-,",' i$4-4-.2b:4-xi!,;,: ',.,''''',,----(-:w. --,- .`-::;;',---'1'-• ii ...?';',Y-',,,:'-.-:,• ,',"-- 5-,', : :.':,-,.."k,-,-;,',:t"..i I ,,,,,,;,„, ..?„- ,:.,. :.,.. ,,-;.,.,...,,,,„..,.-,-,,,,,..,:-..,-,::,:gi „, -,:,,..:.,;.' '.-,-.:‘,'".7-.,.:.,,.. ' ..,-,., '.,.6,.'.;•.•?--r..,-..... .-,-;.,V '''',":7A.",'''''';V "•-•,','S:1:-.''':•• i 0 Property Details ....,.. _......,......__._ I Account ----.----------. Property ID: 63526 1 Geo. ID: 2G0134-0000-11100-0-00 I Type: Real 1 I Legal Description:ABS: 134 SUR:JOSE FLORES 32.902 AC. 1 Location Address: HAECKERVILLE RD CIBOLO,TX 78108 Neighborhood: i i Mapsco: I Jurisdictions: CAD,GCO, LTR,SCS il Owner ..............._._...._ Name: WELLS JAKE R&NANCY C i Address: 3519 HAECKERVILLE RD CIBOLO,TX 78108 Property ______. ..... ._... ...... _ _. .... ..... ._ i Appraised Value: $5,297 Database last updated on:8/8/2011 8:28 ©2011 True Automation, Inc.All Rights Website version: 1.2.2.0 PM Reserved..Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/IVIapPrint.aspx?cid=2&searchType=PROP ID... 8/30/2011 Guadalupe CAD -Property Details � Page 1 of 2 • Guadalupe CAD Property Search Results > 63527 WELLS JAKE R JR & NANCY C for Year 2011 Property ------.._._-...---------------.._.._. --- Account Property ID: 63527 Legal Description: ABS: 134 SUR:JOSE FLORES 60.0000 AC. Geographic ID: 2G0134-0000-11200-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: WELLS JAKE R JR&NANCY C Owner ID: 51569 Mailing Address: 3519 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $315,985 $8,770 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $315,985 (—)Ag or Timber Use Value Reduction:— $307,215 (=)Appraised Value: _ $8,770 (—)HS Cap: — $0 (=)Assessed Value: _ $8,770 Taxing Jurisdiction Owner. WELLS JAKE R JR&NANCY C %Ownership: 100.0000000000% Total Value: $315,985 Entity i Description Tax Rate;Appraised Value Taxable Value Estimated Tax; ' CAD APPRAISAL DISTRICT 0.000000 $8,770 $8,770 $0.00 GCO GUADALUPE COUNTY 0.344900 $8,770 $8,770 $30.24 LTR LATERAL ROAD 0.055000 $8,770 $8,770 $4.82 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $8,770 $8,770 $125.85 ----_____.----- ------ --------- ---------- - ------_._____...---------- --------- Total Tax Tax Rate: 1.834900 Taxes w/Current Exemptions: $160.91 Taxes w/o Exemptions: $160.92 improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=6327 8/3/2011 • 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 D3A TILLABLE AVG 50.0000 217800000 000 0.00 $263,321 $8,050 2 I5A NATIVE AVG 10.0000 435600.00 0.00 0.00 $52,664 $720 Roll Value History _ ______.,____. _ • Year 'Improvements .Land Market Ag Valuation Appraised HS Cap Assessed 2012 N/A WA WA N/A N/A N/A 2011 $0 $315,985 8,770 8,770 $0 $8,770 - -------- ---- ------------------ '2010 $0 $309,788 8,700 8,700 $0 $8,700 2009 $0 $309,788 8,600 8,600 $0 $8,600 .2008 $0 $309,788 8,390 8,390 $0 $8,390 . _ . _ . 2007 $0 $234,6898,170 8,170 $0 $8,170 .... ._ Deed History-(Last 3 Deed Transactions) • _ _ ______._________________.._ — #'Deed Date ;Type Description Grantor Grantee Volume 'Page ___:._ ___ • 1 5/13/1993 12:00:00 AM OT OTHERWELLS JAKE R JR 1043 0038 Questions Please Call(830)303-3313 Database last updated on:7/28/2011 8:28 ©2011 True Automation,Inc.All Rights Website version:1222 PM Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. 1_—_.i/....................e.nes+s•ra.43 i rfrarn Of;ATI ru-vm/riierthih/Pronertv.asnxbro0 id=63527 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search:.Results.> 63528 WELLS JAKE R JR & NANCY C for Year 2011 • Property Account Property-.71D: 63528 Legal-Description:-ABS: 134-SUR:JOSE-FLORES L9500-AC. Geographic ID: 2G0134-0000-11210-0-00 Agent Code: Type: Real Location -Address: 3519-HAECKERVILLE-RD- -Mapsco: TX -Neighborhood: --Map-ID: -P-5 Neighborhood CD: Owner Name: WELLS JAKE R JR&•NANCY C-Owner ID: 51569 Mailing Address: 3519 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOL•O,-D(78108 -Exemptions: Values --•-------_�__ (+)Improvement Homesite Value: + $0 -�+)•-Improvement-Non-Homesite Value: •+- $149,799 (+)Land Homesite Value: + $0 (+)-Land•Non-Hornesite Value: - -$15,269 -Ag-/Timber=Use-Value (+)Agricultural Market Valuation: + $0 $0 (+)TinaberMarketValuation: +- $0 $0 (=).Market:Value: - $165;@68 (-)Ag or Timber Use Value Reduction:- $0 (=)Appraised Value: _ $165,068 (4HS Cap: - $0 (_)Assessed-Value: - $165,068 Taxing Jurisdiction - —- - -— Owner. WELLS JAKE R JR&NANCY C %Ownership 100:0000000000% Total Value: $165,06$ Entity;Description Tax Rate;Appraised Value j Taxable Value T Estimated Tax' i CAD APPRAISAL DISTRICT _--0.000000 $165;068 $165,068 $0.00 GCO GUADALUPE COUNTY 0.344900 $165,068 $165,068 $569.32 LTR LATERAL ROAD 0.055000 $165,068 $165,068 $90.79 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $165,068 $165,068 $2,368.73 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $3,028.84. Taxes w/o Exemptions: $3,028.83 ; Improvement 1 Building http://propaccess.trueautomation.com/elientdb/Property.aspx?prop—id:63528 8/3/2011 Uuadalupe CAL) -Property Details Page 2 of 2 'Improvement#1: COMMERCIAL State Code: Fl Living Area: 1152.0 soft Value: $75,132 • Type Description Class CD Exterior Wall Year Built SQFT COM COM MAIN AREA VHDF 0 1152.0 CCP COM COV PRCH * 1995 128.0 PP PARKING&PAVING PPA3 1995 4000.0 Improvement#2: COMMERCIAL State Code: Fl Living Area: soft Value: $74,667 Type Description Class CD Exterior Wall Year Built SQFT STBL HORSE STABLE HSEG 1995 2268.0 CNP COM CANOPY CCNG 1995 1890.0 CNP COM CANOPY CCNC 1995 1260.0 BARN BARN ESD 0 360.0 Land !# 'Type 'Description Acres :Sqft .Eff Front Elf Depth Market Value ;Prod.Value :1 G29 G29 1.9500 43560.00 0.00 0.00 $10,269 $0' 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0: Roll Value History —-__..___...._..._-- .__.- _ iiiee-17-1 Improvements •Land Market ;Ag Valuation :Appraised i HS Cap ,Assessed 12012 N/A ----N/A ----•----..--N/A------NIA .-- N/A -_._.____....NIA _—.....__—._ —__..—_---._..—__._...N-__.—_.__.._._.._ --_-- , 2011 $149,799---._._ $15,269 ... _.___.b..__._...__165,066 $0 $165,068 .2010 $149,799 $15,068 0 164,867 $0 $164,867; :2009 $209,428 $15,068 0 224,496 $0 $224,496' 2008 $209,428 $15,068 0 224,496 $0 $224,496 j 2007 $161,473 $12,627 0 174,100 $0 $174,100' Deed History-(Last 3 Deed Transactions) #':,Deed Date Type 'Description ,Grantor ,Grantee ?Volume 'Page 1 5/13/199312:00:00 AM OT OTHER WELLS JAKE R JR 1043 0038 , Questions Please Call(830)303-3313 Website version:1.2.2.2 Database last updat ed on:7/28/2011 8:28 ©2011 True Automation, Inc.All Rights Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Pronertv.asnx?nron id=63528 R/1P7(111 Guadalupe CAD -Property Details Page 1 of 2 • Guadalupe CAD Property Search Results > 63531 WELLS JAKE R & NANCY C for Year 2011 Property Account Property ID: 63531 Legal Description:ABS: 134 SUR:JOSE FLORES 57.500 AC. Geographic ID: 2G0134-0000-11300-0-00 Agent Code: Type: Real Location Address: VALLEY VIEW LN Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: WELLS JAKE R&NANCY C Owner ID: 87014 Mailing Address: 3519 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)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: + $360,906 $8,991 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $361,406 (—)Ag or Timber Use Value Reduction:— $351,915 (=)Appraised Value: _ $9,491 (—)HS Cap: — $0 (_)Assessed Value: _ $9,491 Taxing Jurisdiction Owner: WELLS JAKE R&NANCY C %Ownership: 100.0000000000% Total Value: $361,406 Entity;Description Tax Rate;Appraised Value' Taxable Value Estimated Taxi CAD APPRAISAL DISTRICT 0.000000 $9,491 $9,491 $0.00 GCO GUADALUPE COUNTY 0.344900 $9,491 $9,491 $32.73 • LTR LATERAL ROAD 0.055000 $9,491 $9,491 $5.22 ; SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $9,491 $9,491 $136.20 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $174.15 • Taxes w/o Exemptions: $174.15 Improvement/Building http:/,/propaccess.trueautomation.corn,/clientdb/Property.aspx?prop_id=63531 8/3/2011 • Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $500 Type Description Class CD Exterior Wall Year Built SQFT FN FLAT VALUE FN 660.0 Land ..._. ....._ ... .. _ ..._ .. . . .# Type ,Description Acres Sqft Eff Front Eff Depth ,Market Value Prod.Value ...... _ _ . 1 D3G TILLABLE GOOD 54.5000 2352240.00 0.00 0.00 $342,076 $8,775 '2 D5G NATIVE GOOD 10000 130680.00 0.00 0.00 $18,830 $216 _.._._..._.. __ . ..._. Roll Value History Year ,..._ .... ,.._.. _ .. Year 'Improvements 'Land Market Ag Valuation Appraised .HS Cap Assessed . _ 2012 N/A N/A N/A N/A N/A N/A 2611 $500 $360,906 8,991 9,491 $0 $9,491• 2010 $500 $353,829 8,930 9,430 $0 $9,430. 2009 $500 $353,829 8,861 9,361 $0 $9,361 20013 - - -"- ----- $500 i353,826 13,6i6 ------ 9,179-------$0--- - $9,179 _ .. _... ._......_. 2007 $500 $268,052 8,495 8,995 $0 $8,995 .„. Deed History-Kiii 3 Deed Transactions) — - ---- - -— -- — — . Deed Date Type Description Grantor Grantee .Volume Page 1 4/27/2005 12:00:00 AM WD WARRANTY DEED STAPPER HENRY I WELLS JAKE R&t 2154 060E3- 2 7/9/1993 12:00:00 AM OT OTHER STAPPER HERRY I 1049 0440 Questions Please Call(830)303-3313 Database last updated on:7/28/2011 8:28 ©2011 True Automation, Inc.All Rights Website version: 1.222 PM Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. • bitn-//nrn-nanness.tnieantomation_com/ellentdh/Pronertv_asnx?nron ici=63531 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD .03 Property Search Results > 63533 WELLS JAKE R & NANCY C for Year 2011 Property - ------ -___ ----------------.._.__- • Account ------- —----------------------•-----•-------------------------------.._---- ----- ---------------------- Property ID: 63533 Legal Description:ABS: 134 SUR:JOSE FLORES 0.500 AC. Geographic ID: 2G0134-0000-11310-0-00 Agent Code: Type: Real Location Address: 240 VALLEY VIEW LN Masco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: WELLS JAKE R&NANCY C Owner ID: 87014 Mailing Address: 3519 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $435,307 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $7,633 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $442,940 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $442,940 (—)HS Cap: — $0 (_)Assessed Value: _ $442,940 Taxing Jurisdiction Owner. WELLS JAKE R&NANCY C --------_--- _------_---•J %Ownership: 100.0000000000% Total Value: $442,940 j Entity'Description Tax Rate i Appraised Value` Taxable Value I Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $442,940 $442,940 $0.00 'GCO GUADALUPE COUNTY 0.344900 $442,940 $437,940 $1,510.46 ' LTR LATERAL ROAD 0.055000 $442,940 $434,940 $239.22 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $442,940 $427,940 $6,140.94 , Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $7,890.62 Taxes w/o Exemptions: $8,127.51 Improvement/Building • http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63533 8/3/2011 e Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: El Living Area: 2716.0 sqft Value: $384,761 Type Description Class CD Exterior Wail Year Built SQFT RES1 MAIN FLR 13+ SV-STONE VNR 2005 2716.0 CARC CARPRT-C * 2005 1080.0 CP COV PORCH 2005 1144.0 BARN BARN EBC 2005 1200.0 DC DET CARPRT DCE 2005 960.0 Improvement#2: RESIDENTIAL State Code: El Living Area: 1008.0 soft Value: $50,546 Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 3 WS 1966 1008.0 ' Land _... --------------- ------_------r--E----------------- :Prod.Vatue •# 'Type - Description Acres •Sgft -riff Front Eff Depth Market a ue _-- . .1 G29 G29 0.5000 0.00 0.00 0.00 $2,633 ^-$0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roil Value History Land Market ;Ag Valuation ;Appraised i HS Cap Assessed Year Improvements '2012 N/A N/A N/A N/A N/A 2011 $435,307—_.__.—. $7,633 •_-- 0 442,940 $0 $442,940 2010 $487,837 $7,582 0 495,419 $0 $495,419 2009 $480,905 $7,582 0 488,487 $0 $488,487 `2008 $480,905 $7,582 0 488,487 $0 $488,487 l 2007 $445,012 $6,956 0 451,968 $0 $451,968' Deed History-(Last 3 Deed Transactions) — _ _ #tDeed.Date Type �Description !Grantor Grantee - Volume t Page 1 4/27/200512:00:00 AM WD WARRANTY DEED STAPPER HENRY I WELLS JAKE R&I 2154 0608 . ,_._ _ __-____-._.-.__-_.-_-.._._._. STAPPER HENRY I 1049 0440 2 7/9/1/9/199312:00:00 AM OT OTHER Questions Please Call(830)303-3313 Website version:1.2.2.2 Database last updated on:7/28/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. h++ .//..r....arraac trnpantnmatinn cnm/clientdh/ProDertv.asox?Drop id=63533 8/3/2011 Guadalupe CAD -Property Details --Page 2 of 2 Improvement#1: RESIDENTIAL State Code: El Living Area: 930.0 sqft Value: $25,031 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 3 WS 1927 930 0 CP COV PORCH 0 98.0 STG STORAGE STGF 0 144.0 - ---- -•---•----...._--.._._.__. -...... _----------- ----- - -- __._-_--------- -----...----------_------------------- Land # Type Description ;Acres ;Sqft 'Eff Front ;Eff Depth Market Value ,Prod.Value 1 G29 G29 0.1700 7405.20 0.00 0.00 $1,200 $0 2 G29 G29 0.5000 0.00 0.00 0.00 $3,528 $01 3 UT1L UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History •Year Improvements --;Land Market ,Ag Valuation --rAppraised i HSCap ;Assessed _; i 2012 N/A --- N/A _ - N/A N/A N/A -'N/A ;2011 $25,031 $9,728 0 34,759 $0 $34,759; 2010 $25,031 $9,635 0 34,666 $0 $34,666: 2009 $25,789 $9,635 0 35,424 $0 $35,424 •2008 $11,124 $16,553 0 27,677 $0 $27,677' `2007 $10,906 $13,685 0 24,591 $0 $24,591 , ; Deed History -(Last 3 Deed Transactions) #I Deed Date Type I -Description i Grantor --- !Grantee Volume Page 1 1/22/1996 12:00:00 AM OT OTHER _-- _ --- FISCHER JANE E 1186 0251 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:7/28/2011 8:28 ©2011 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+, http://propaccess.trueautomation.com/clientdb/Property.aspx?prop id=63503 8/3/2011 C c �`,1j/j1OIIT NI/Illlllllll 0 C) 1 , r -t.: . ,, I * % 1 4" iiiiiiiiiiiiiii 7' £ X AS "City of Choice" August 15,2011 Re: Proposed Annexation-Public Hearing Notification Dear Property Owner, The City of Cibolo is providing you with notice of Public Hearings scheduled on Tuesday September 13, 2011 at 7:00 p.m. and Tuesday September 27, 2011 at 7:00 p.m. concerning the annexation of approximately 1,700 acres. Each hearing will be held in the City Council Chamber of the Cibolo City Hall, 200 South Main Street, Cibolo,Texas. At each Public Hearing, the Cibolo City Council will hear public testimony concerning the proposed annexation of the properties described below: APPROXIMATELY 1,600 ACRES OF REAL PROPERTY EAST OF CIBOLO CREEK, SOUTH OF LOWER SEGUIN ROAD, WEST OF STOLTE ROAD, AND.NORTH OF INTERSTATE HIGHWAY 10, AS DEPICTED ON THE ATTACHED MAP. At each Public Hearing, the proposed Service Plan describing those services that will be provided to annexed properties will be reviewed.A copy of the proposed Service Plan is attached with this notice. Attached with this notice is an Annexation Fact Sheet that will provide answers to many common questions about the annexation process. Should you have additional questions, concerns or comments, please contact me or Maggie Patterson by phone, email or letter. You're also encouraged to attend either of the two Public Hearings to address your comments to the City of Cibolo City Council. E-Mail: randerson@cibolotx.00v mpatterson@cibolotx.gov Mail: City of Cibolo, PO Box 826,Cibolo,TX 78108 Phone/Fax: 210.658.9900 &210.658.1687 Sincerely,7Ran Anderson City Planner c C • \IIIO IIf ......i/i., is0 *:,111111 * s * iiii/f/Iff/fffllj111111\\\\\\ 7' £ x AS "City of Choice" August 16, 2011 Miedema Farms LP 12700 Woman Hollering Rd. Scherfz,TX 78154 Re: Non-Annexation Agreement Dear Property Owner, The below letter was supposed to have been included in the packet of materials you received earlier this week. Please note the date in which we need your Non-Annexation Agreement. The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on March 22, 2011. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by Friday September 30, 2011 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by September 30, 2011 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 5efi 30 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and M .ws ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement 4 Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas •i r W . %Mr VW By: M►EbcMA Fps /7'40-7 iMre0 Gary Cox,A 41_(C bolo City Manager or Address: IZ70o t *tp ,17 �4 Randal Anderson, City Planner City: . State/Zip: 1-- 10 t-`1 Date: a2P\-asa-01. Date: 1/3-0 h 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 Rol M_ e' . A— appeared in person before me today and stated under oath: "My name is j /� ��, 4 . 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 “an- Said property is appraisedAfor ad valorem tax purposes under the Texas Tax Code for Ll9 it I kms' purposes." "Further, my property is currently being used for the following uses: .�, ilL d'a.ai� �. 1,01 p ro Uv L-7711')'') G Cron ,, Signed: Printed Name: bi r e���- SIGNED under oath before me o aPi- , 2011. '•" `� MAGGIE LYNNE (J �.:• NE N ;�' .!•o N M ry Public,State PATTER e�as � Not Publ•� ' gate of Texas —Q51\146r)--.) ,����� Y Commission Expires DeCember 22, 2014 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated q- , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO,TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and ITeet-li kk.1l e n Act r ei`rte ("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 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated G , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and fro Z` kk. ei c r' ALL)"L—1`rt ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement f EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas • ,� , By: /1 r�f�t k)- �r -e.,.e•^ a►'& ‘1-)B l _ ,� ! viOAT�_ i 1 AA tab ,, 0, Gary Cox,A g ibolo City Manager or i� ddress: e t (Kandal Anderson, ity Planner City: C State/Zip: J -7:4 /0.9— Date: J\ ( Date: sz_ "2° City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement f Uivaaalupe LAD -Property Details Page 1 • 2 Guadalupe CAD Property Search Results > 63431 MARTIN RUTH KRUEGER for Year 2011 Property Account Property ID: 63431 Legal Description: ABS: 134 SUR:JOSE FLORES 0.7000 AC. Geographic ID: 2G0134-0000-06710-0-00 Agent Code: Type: Real Location Address: 3051 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: MARTIN RUTH KRUEGER Owner ID: 51499 Mailing Address: 3051 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108-4108 Exemptions: HS,OV65 Values (+)Improvement Homesite Value: + $149,279 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $18,354 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $167,633 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $167,633 (—)HS Cap: — $0 (_)Assessed Value: _ $167,633 Taxing Jurisdiction Owner. MARTIN RUTH KRUEGER %Ownership: 100.0000000000% Total Value: $167,633 Entity,Description 'Tax Rate,Appraised Value Taxable Value;Estimated Tax 1,CAD APPRAISAL DISTRICT 0.000000 $167,633 $167,633 $0.00 GCO GUADALUPE COUNTY 0.344900 $167,633 $152,633 $526.43 LTR LATERAL ROAD 0.055000 $167,633 $152,633 $83.95 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $167,633 $142,633 $2,046.78 Total Tax Rate: 1.834900 Taxes wlCurrent Exemptions: $2,657 16 ------ --•-----. .___-•.----- - - ------.._. Taxes w/o Exemptions: $3,075.90 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prs _id=53431 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63430 MARTIN RUTH KRUEGER for Year 2011 Pro erty Account Property ID: 63430 Legal Description: ABS: 134 SUR.JOSE FLORES 2.3000 AC. Geographic ID: 2G0134-0000-06700-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: MARTIN RUTH KRUEGER Owner ID: 51499 Mailing Address: 3051 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108-4108 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: $43,876 $370 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $43,876 (—)Ag or Timber Use Value Reduction:— $43,506 (=)Appraised Value: = $370 (—)HS Cap: $0 (=)Assessed Value. $370 Taxing Jurisdiction Owner: MARTIN RUTH KRUEGER %Ownership: 100.0000000000% Total Value: $43,876 ;Entity,Description Tax Rate Appraised Value' Taxable Value Estimated Tax CAD APPRAISAL DWIRICr 0.000000 GCO GUADALUPE COUNTY 0.344900 $370 $370 $1.27 LTR LATERAL ROAD 0.055000 $370 $370 $0.20 •SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $370 $370 $5.31 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $6.78 Taxes w/o Exemptions: $6.79 • Improvement!Building _ _ No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63430 8/3/2011 f Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses / t---A )c'y. if-e��y. M�appeared in person before me today and stated under oath: "My name is Re,6-h k h u/e - Al a,g1)7. 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 a / / e c}fie y,vi )i.e. recd, Gil."/°' T' Said property is appraised for ad valorem tax purposes under the Texas Tax Code for a „., purposes." "Further, my property is currently being used for the following uses: ,_12,,w--ea, czy acs a-L,6-,-c.e_ ,, ,. ,,e yz-o-L---P--') _.4..z-�- c,...)--_.---,,-49-,' e_.-0.1)--- !7 Signed: Zd ��L 2a , r 67: Printed Name: Ruth )< y - f1 fes- 7:), 1 ITE,6 Z ivI a .6'lT SIGNED under oath before me on 5e.-{ ',r-��� 27t." ,2011. _11-D_,\__>i / _ ----.3-: --C---.) Notary Public, State of Texas A - " 4. PSB.., DAVID VASQUEZ :: 4. •* Notary Public :0: •, My CommState.Exof p,Te03-23-2015 xas " c o 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 966 Unified Development Code 583 Sign Ordinance w/amendments 775 2008 NFPA70 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 f 4 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated9aY , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXAS, a hom rul unicipality locgted in Gna�ialupe County, Texas ("City"), and v (A ') C --2,-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 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management,or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement • Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns,including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule music' 'ty in Landowner: Guadalupe County,TexasAlp, B . /OA By: P` uf io (2-ec,I • X,Acting Cibolo C gliranager or Address: A gete,_,,e,r1.:i (l42 fed ' - I dal Anderson, City Planner City: C ► 00 0 State/Zip: --T)1 -7 8/ ? Date: 9/2- ` I Date: q/G? 7 / City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69626 SCZECH DAVID L & EDWARD J JR & for Year 2011 Properly Account Property ID: 69626 Legal Description:ABS:271 SUR: F RODRIGUEZ 44.3440 AC. Geographic ID' 2G0271-0000-07300-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: WF075A Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-5 Neighborhood CD: CCES Owner Name: SCZECH DAVID L&EDWARD J JR&Owner ID: 57156 Mailing Address: JUDITH A HANES %Ownership: 100.0000000000% 2954 HAECKERVILLE RD CIBOLO,TX 78108 Exemptions: Values ------------._.._.__.------------ (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $221,005 $4,921 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $221,005 (—)Ag or Timber Use Value Reduction:— $216,084 (=)Appraised Value: _ $4,921 (—)HS Cap: — $0 (=)Assessed Value: _ $4,921 Taxing Jurisdiction Owner: SCZECH DAVID L&EDWARD J JR& %Ownership: 100.0000000000% Total Value: $221,005 Entity;Description Tax Rate Appraised Value; Taxable Value?Estimated Tax' CAD APPRAISAL DISTRICT0.000000 $4,921 $4,921 $0.00 !GOO GUADALUPE COUNTY 0.344900 $4,921 $4,921 $16.97 LTR LATERAL ROAD 0.055000 $4,921 $4,921 $2.71 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $4,921 $4,921 $70.62 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $90.30 Taxes w/o Exemptions: $90.30 ' Improvement/Building (MCC http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69626 8/1/2011 • Guadalupe CAD -Property Details Page 1 of 2 •4 Guadalupe CAD Property Search Results > 69627 SCZECH DAVID L & EDWARD J JR&for Year 2011 Property Account Property ID: 69627 Legal Description: ABS:271 SUR: F RODRIGUEZ 2.0000 AC. Geographic ID: 2G0271-0000-07310-0-00 Agent Code: Type: Real Location Address: 2950 HAECKERVILLE RD Mapsco: WF075B TX Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-5 Neighborhood CD: CCES Owner Name: SCZECH DAVID L&EDWARD J JR&Owner ID: 57156 Mailing Address: JUDITH A HANES %Ownership: 100.0000000000% 2954 HAECKERVILLE RD CIBOLO,TX 78108 Exemptions: HS `Values ---------- --_._-----------_.-----------------------, (+)Improvement Homesite Value: + $43,231 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $18,290 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $61,521 (–)Ag or Timber Use Value Reduction:– $0 (=)Appraised Value: _ $61,521 (–)HS Cap: – $0 (=)Assessed Value: _ $61,521 :-Taxing Jurisdiction --------- — -Owner: SCZECH DAVID L&EDWARD J JR& %Ownership: 100.0000000000% Total Value: $61,521 !Entity Description Tax Rate;Appraised Value --- Taxable Value;Estimated Tax ' CAD APPRAISAL DISTRICT 0.000000 $61,521 $61,521 $0.00 GCO GUADALUPE COUNTY 0.344900 $61,521 $56,521 $194.94 LTR LATERAL ROAD 0.055000 $61,521 $53,521 $29.44 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $61,521 $46,521 $667.58 ' Total Tax Rate: 1.834900 — – — Taxes w/Current Exemptions: $891.96 Taxes w/o Exemptions: $1,128.85 ' Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69627 8/1/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69628 SCZECH DAVID & DEBRA for Year 2011 Property Account Property ID: 69628 Legal Description:ABS:271 SUR: F RODRIGUEZ 2.0160 AC. Geographic ID: 2G0271-0000-07320-0-00 Agent Code: Type: Real Location Address: 2954 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCZECH DAVID&DEBRA Owner ID: 57157 - - - - - - Mailing Address: 2954 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: DP,HS ' Values ----------__.�.------------------------- (+)Improvement Homesite Value: + $90,198 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $10,601 (+)_Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (a).MarketValue: _ $100,799 (-)Ag or Timber Use Value Reduction:- $0 (=)Appraised Value: _ $100,799 (-)HS Cap: - $0 (=)Assessed Value: _ $100,799 Taxing Jurisdiction — — — Owner SCZECH DAVID&DEBRA %Ownership: 100.0000000000% Total Value: $100,799 Entity!Description _ITax Rate Appraised Value: Taxable Value I Estimated Tax I Tax Ceiling CAD APPRAISAL DISTRICT 0.000000 $100,799 $100,799 $0.00 GCO GUADALUPE COUNTY 0.344900 _-_ $100,799 $95,799 $310.86 -_$310.86 LTR LATERAL ROAD 0.055000 $100,799 $92,799 $51.04 $54.81 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $100,799 - - $75,799 $977.60 $977.60 Total Tax Rate: 1.834900 --J---- --------------_--------- Taxes w/Current Exemptions: $1,339.50 --_ --_-• —- -- ----- _ .._ - - _ -- —- -- -- 1--.^. - -- Taxes w/o Exemptions: $1,849.56 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69628 8/1/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses Douv 1 O\ J appeared in person before me today and stated under oath: "My name is-Davi(// 5 Z- C_k . 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 ..?qsq ikeKl,�p(L-//-e 1EGi Said property is ppraised for ad valorem tax purposes under the Texas Tax Code foriqj 2 .[ l`€5 t�� 1 rrQ purposes." "Further, my property is currently being used for the following uses: \J5 I c r€S&LQ rr.....Q/J ,, p Signed: .`%`�/ , _, _- >' Printed Name: ,Z)Z.,e// 0 -f 6-4[ SIGNED under oath before me on r as , 2011. q !vim������:�, MAGGIE LYNNE PATTERSON 4Y\Ck t� I !� t 1.J`X '� i +°•' Notary Public,State of Texas �C s.*. 4 My Commission Expires Notary ' o c, State � exas y',; ;E December 22, 2014 • CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXA}, a hom e municipality located in Guadalupe County, Texas ("City"), and A} 1?) i`Se ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement ! Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided, however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City f Ci,olo, a hom; rule m 'cipality in Landowner: Guadalu,e County, as 014 / By: , `ate t:+ oX,Acting Cibolo City Manager Or Address: PQ, , (6, ' • i a •1 Anderson, City Planner City: Ot-V (.)—\ State/Zip: \ K l r.) 1 4_ Date: q / I I Date: q/ 7/i/ City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69652 SWINNEY WILLIAM A for Year 2011 Property Account Property ID: 69652 Legal Description:ABS:271 SUR: F RODRIGUEZ 3.9700 AC. Geographic ID: 2G0271-0000-08400-0-00 Agent Code: Type: Real Location Address: WEIR RD Mapsco: WF070 Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-4 Neighborhood CD: CCES Owner Name: SWINNEY WILLIAM A Owner ID: 57174 Mailing Address: C/O JACK WISE %Ownership: 100.0000000000% PO BOX 186 MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $8,837 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $8,837 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $8,837 (—)HS Cap: — $0 (=)Assessed Value: _ $8,837 Taxing Jurisdiction Owner: SWINNEY WILLIAM A %Ownership: 100.0000000000% Total Value: $8,837 Entity Description ;Tax Rate;Appraised Value Taxable Value 1 Estimated Tax! j CAD APPRAISAL DISTRICT 0.000000 $8,837 $8,837 $0.00 GCO GUADALUPE COUNTY 0.344900 $8,837 $8,837 $30.48 LTR LATERAL ROAD 0.055000 $8,837 $8,837 $4.86 SCS SCHERTZ-CIBOLO-U.C.ISO 1.435000 $8,837 $8,837 $126.81 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $162.15 Taxes w/o Exemptions: $162.15 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69652 9/27/2011 ti • Guadalupe CAD -Property Details Page 2 of 2 • No improvements exist for this property. - ! Land ; : 1# Type i Description ,,,,,, I Sqft !Eff Front i Eff Depth _i Market Value ,Prod.Value i 1 G29 G29 3.9700 130680.00 0.00 0.00 $8,837 $01 Roll Value History - 1 1Year I Improvements j Land Market I Ag Valuation I Appraised 1 HS Cap 'Assessed i 2012 N/A N/A N/A N/A N/A 1.2011 $0 $8,837 0 8,837 $0 12010 $0 $8,663 0 8,663 $0 $$8868N63/A3711, 12009 $0 $8,663 0 8,663 $0 $8,663 i --I ,2008 $0 $8,663 0 8,663 $0 $8,663 1 [2007 $0 $6,563 0 6,563 $0 $6563, Deed History-(Last 3 Deed Transactions) I# [Deed Date 1 Type 'Description Grantor i Grantee 1Volume 1 Page 1 OT OTHER SVVINNEY WILLIAM 630 590 Questions Please Call (830)303-3313 Website version1.2.22 Database last updated on:9/7/2011 8:28 ©2011 True Automation,Inc.All Rights : PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69652 9/27/2011 r i , Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses K1 r"\--N VI,r- appeared in person before me today and stated under oath: "My name iso csr1 VO c . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge .+o d are 1VE) trueand correct. I am the owner of the property located at �p`15 , GC . Said proerty is appraised for ad' Jvalorem tax purposes under the Texas Tax Code ,\ for3 r� CL) \°T�Lk- � purposes." "Further3,my property is currently being used for the following uses: C,ti c...,.., -Ct.t (`GZ Signed: Y , "4-5L--. �� Printed Name:�( kiht..- �"1 t S SIGNED under oath before me onP 01111/ a 1 , 2011. 1cab NotaryPublicState of Texsjraa\VI. RUM 1 -41,1 1-I .S6fn ubicte of December 22, 2014 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT("Agreement"), dated 9 Z 1'l// ,2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXAS,a home rule municipality located in Guadalupe County, Texas ("City"), and eA4 P e4 ISL-JL7 r y,E ("Landowner"); WHEREAS, Landowner owns certain real property located in Gnadalupe 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"); BRAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation sof 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 Codc a tionn212.172 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 Texasxnd 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 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 documentmaster 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 ofCdwlo 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. Cityof Cibolo,a home rule .: f 4'ci • ' in Landowner. P Guadalupe • +ty,Texas Ar/ ir i G� By: IPI OA- i71 C l NT'/�/ie B / f to •"iox,Acting Cibolo City Manager or Address: ‘9.4/A4/E-4, betGG /,*ve' . 1+ • Anderson,City Planner City: A 3 6 Lic7 State/Zip: T)C vie) Date: 9/af-2// Date: q/R 7/I/ +w City of Cibolo Page 4 of 4 TLGC§41035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 134116 MCINTYRE BARBARA J for Year 2011 Property Account Property ID: 134116 Legal Description: ABS:271 SUR: F RODRIGUEZ 1.0000 AC. Geographic ID: 2G0271-0000-00815-0-00 Agent Code: Type: Real Location Address: 694 LOWER VALLEY LN Mapsco: TX Neighborhood: Map ID: P-4 Neighborhood CD Owner Name: MCINTYRE BARBARA J Owner ID: 132063 Mailing Address: 694 LOWER VALLEY LN %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values • (+)Improvement Homesite Value: + $134,460 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $8,579 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 • (=)Market Value: _ $143,039 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $143,039 (—)HS Cap: — $0 (=)Assessed Value: _ $143,039 Taxing Jurisdiction Owner: MCINTYRE BARBARA J %Ownership: 100.0000000000% Total Value: $143,039 ,Entity!Description Tax Rate Appraised Value Taxable Value,Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $143,039 $143,039 $0.00 GOO GUADALUPE COUNTY 0.344900 $143,039 $138,039 $476.09 LTR LATERAL ROAD 0.055000 $143,039 $135,039 $74.27 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $143,039 -—_ $128,039 $128,039 $1,837.36 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $2,387.72 Taxes w/o Exemptions: $2,624.62 - -- Improvement 1 Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=134116 8/5/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses $4/g11 eA Ivj,`--L %yy1e 'appeared in person before me today and stated under oath: "My name is ',4-,@B -M Mei/Urge . 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 69 / Leer petiel f,ane,. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for ho e ea_I purposes." "Further, my property is currently being used for the following uses: h s "fre--ttee Signed: GZ d;-, Q A lisiq----- Printed Name: ace 7ke.4 Alt 4//117Y le /N 7Y/e 6 I ., SIGNED under oath before me on a► 0 210 , 2011. l;.,. 1Q: MyCornrn.Exp.o52ol2 c-T ---AK otary Public, State of Texas r• } EVELb � 3 This DEVELOPMENT AGREEMENT ("Agreement"), dated j 1... 4 ; 2011 ("Effective Date"),made by and between the CITY CIBOLO, S,a omeJrul la munici ity located in Guadalupe County, Texas ("City"), and Y --„Joie c ("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 Rxhibit 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 add 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 pursriant 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,wildlifemanagement,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 7 of 4 TLGC§41035 Development Agreement J 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 permitsfor uses existingon the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City andzoned 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 reran, its current Property appraisal for ad valorem tax purposes as landfor 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 13 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 clams 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 TLOC§43.035 Development Agreement ` J 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 thathas jurisdiction over the area, or changethe 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 tobea 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 fromthe 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 heretobe contained on any one counterpart hereof. A facsimile transmissionshall be deemed to be an original signature. City of Cibolo Page 3 of TLGC§43.035 Development Aereement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo,.a • male ramie+ality g Landowner ¢ . � •:I%� ior Guadalupe Co , exas ti- /4/11" By: "i 41.:` By: Gary fix, • i g.Cibolo C. . cr or Address: v66, J ;SOY:7-22.. ' • �a Anderson, City Planner City: 1.1420' State/Zip: Date: q/.2C/// Date: 2Z,5r1---effthet." City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated q 25 , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, 1 XXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and pi a t--i`5 r ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement • NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement r 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 Cibo • , home rule . .ality in Landowner: Guadalu•- . d ty, Texas By: Cox, Acting Cibolo City Manager or Address: L/7Q/ (,(P 1 r L! •dal Anderson, City Planner City: Y , CI n State/Zip: Vx `g 4 -! Date: Q43/1/ Date: q/23// � 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 Q if,Q V-1 rjc -' C appeared in person before me today and stated under oath: "My name is...\ Qx.n,e., F �,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 Co • 3 •_. .3 5-05' Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Ar;(.� l't't_,rot 1 purposes." "Further,my property is currently being used for the following Auses: ,; c„, k..---, ('a_ ,, i Signed: ?44.-e., J.,-(„4--CACA__2Printed Name: m F", g e k .�d- Jr - .'Ti'e--- SIGNED under oath before me on / / , 2011. 07 // 4''` SHEILA M.EDMONDSON Notary Public, S ate of Texas MY COMMISSION EXPIRES ljQJame 9,2012 • Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63505 FISCHER JANE E for Year 2011 Property Account Property ID: 63505 Legal Description: ABS:134 SUR:JOSE FLORES 1.0000 AC. Geographic ID: 2G0134-0000-10020-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: FISCHER JANE E Owner ID: 51549 Mailing Address: 4791 CR 114 %Ownership: 100.0000000000% LINCOLN,TX 78948 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: + $7,056 $161 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $7,056 (—)Ag or Timber Use Value Reduction:— $6,895 (=)Appraised Value: _ $161 (—)HS Cap: — $0 (=)Assessed Value: _ $161 Taxing Jurisdiction Owner: FISCHER JANE E %Ownership: 100.0000000000% Total Value: $7,056 j Entity!Description Tax Rate;Appraised Value` Taxable Value;Estimated Tax '-CAD APPRAISAL DISTRICT 0.000000 $161 $161 $0.00 GCO GUADALUPE COUNTY 0.344900 $161 $161 $0.56 LTR LATERAL ROAD 0.055000 $161 $161 $0.09 MAS MARION ISD 1.310000 $161 $161 $2.11 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $2.76 Taxes w/o Exemptions: $2.75 Improvement I Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63505 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 131336 FISCHER JANE E for Year 2011 Property Account Property ID: 131336 Legal Description: ABS: 134 SUR:JOSE FLORES 2.00 AC. Geographic ID: 2G0134-0000-10050-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: WF082 TX Neighborhood: CIBOLO CRK-EAST-GCO Map ID: Q-5 Neighborhood CD: CCES Owner Name: FISCHER JANE E Owner ID: 51549 Mailing Address: 4791 CR 114 %Ownership: 100.0000000000% LINCOLN,TX 78948 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: + $43,796 $96 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $43,796 (—)Ag or Timber Use Value Reduction:— $43,700 (_)Appraised Value: _ $96 (—)HS Cap: — $0 (_)Assessed Value: _ $96 Taxing Jurisdiction Owner: FISCHER JANE E %Ownership: 100.0000000000% Total Value: $43,796 Entity.Description Tax Rate Appraised Value Taxable Value.Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $96 $96 $0.00 GCO GUADALUPE COUNTY 0.344900 $96 $96 $0.34 LTR LATERAL ROAD 0.055000 $96 $96 $0.05 MAS MARION ISD 1.310000 $96 $96 $1.25 Total Tax Rate: 1 709900 Taxes w/Current Exemptions: $1.64 Taxes w/o Exemptions: $1.64 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=131336 8/5/2011 .. Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63506 FISCHER JANE E for Year 2011 Property Account Property ID: 63506 Legal Description: ABS: 134 SUR:JOSE FLORES 37.03 AC. Geographic ID: 2G0134-0000-10030-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Masco: WF081A Neighborhood: Map ID: 0-5 Neighborhood CD: Owner Name: FISCHER JANE E Owner ID: 51549 Mailing Address: 4791 CR 114 %Ownership: 100.0000000000% LINCOLN,TX 78948 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: + $261,292 $3,881 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $261,292 (—)Ag or Timber Use Value Reduction:— $257,411 (_)Appraised Value: _ $3,881 (—)HS Cap: — $0 (_)Assessed Value: _ $3,881 Taxing Jurisdiction Owner: FISCHER JANE E %Ownership: 100.0000000000% Total Value: $261,292 Entity:Description --- Tax Rate Appraised Value i Taxable Value!Estimated Tax i ' !—CAD APPRAISAL DISTRICT 0.0000001--' $3,881 $3,881 $0.00 l . GCO GUADALUPE COUNTY 0.344900 $3,881 $3,881 $13.39 LTR LATERAL ROAD 0.055000 $3,881 $3,881 $2.13 IMAS MARION ISD 1.310000 $3,881 $3,881 $50.84 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $66.36 Taxes w/o Exemptions: $66.36 improvement/Building No improvements exist for this property. http://propaccess.trueautomation.comiclientdb/Properry.aspx?prop_id=63506 8/3/2011 Ofivrei CITY OF CIBOLO NON ANN! DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a ome a municipality located in Guadalupe County, Texas ("City"), and gf J/it) J,4 ,�L- y ST/ [, ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document,master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns,including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement Y EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo a home rules .ss'cip. ' in Landowner: Guadalu.- • ty, Tex. B . F // By: � '1 ..� ��V1 By x,Acting Ciboo o ity Manager or Address: 6 90 ider U ��P7 t4-/t -e/ ' .4• Anderson, City Planner Ci C ri: ,b /r State/Zip: �K 7810g- Date: 8/0Date: ? Date: 9/26/if City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement • MapPrint Page 1 of 1 Guadalupe CAD Property Search Results > Property ID 110545 for Year 2011 . F' ti; Map Image Legend r:'{r;: fir^ _ '.,F.„ _ ._=#: t,',,,,1".�: `moi-f" • {y'�n j': •_ = d PROP A � � rtPielct5 1 • lI - Cs.,‘...-1:-5:.-,' '•��`:,`moi'; z7� = rtP 2:'''-';',.',;-•.;'. . . -xW '' II .,, * � ' :: .r a ' . :%'Y�;, Pra E[iv.i ht `{,i ,rye:, , c_ .,,„••:,_. ,••.: • :3',,,,;,,'....;`,z":"4-,e-'4,.4.f-s,,,45;:;-.' } _ ;y _ - ,I ,..,.;,Z0,,,-,,,':,:.,5 - SKr �z :S : :Mcounty I ary f-Y.. u95_€� ,est:.= a.�. Raiiraad :?. .:''`';''''''',:l'', .i,> ,,r:. ::�-w,r Yom°^: �W="��;::� ,�.. 'r'<..5:3;:`„,�.�„,:.a T,�z �•"�>� Ek ,tis.: `'�'sSv<_"� .�. ,aj: y� 3i Ys�'. . r7 Abstracts i 1 i\:". .:(' 3'Ali,? S� ;aa:,. ;` � V;--s;.".4...... 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A }z -- 7r..,.S'-,.: t' ,, 1VUS.5'l:,-i:- „ ,,,t-,,....--,_ 5.^•. S • 5� - a , Y ( 1 "� t� c 4 - a' tv - it £h- —,'''-*,•"-'9,,'''' , f -) z2. `! °3{,-',:',.::;%.;$6'.9,5:i6'.., `r y—, .'.<e Z �7 7 -_711�C 'Jl?33 'k ��5� �• ., , ,E2 --,, I _ r ++sem rF s� -, yy33{{��p,�.;I ” _ rx - «fir A„ L } �: r i z7 �A ,',y �',J• i i < -i {7A31I:F+A4, a u4 1.f Y -- M - `i } '/ F I !, >- ,:,!,‘...;"5-:,'",,-,•,', :3?'`,- ,E1•. '' _ :-.,.,-",.,,f. ,::0-........,,,4,..)^.1,,, :,01‘,.k•-•<':142, 15950Y �S58ti 6x .' a; ©Slt h4Y4 J � r {r ,...,;,,,,;,,,,;4p41,,,,,:„„:2;„,,,,,-,w,.:, ;: y 4 _ Z, , u'' .4,xa _s< �,x:u' .:"•:` ; ` itz n`5+ -- ,":";',;.;":',.''.:;•4.,,,,,,.,,..,0.-4,7' rt ( 47-5'' p li r {! Property Details l Account i Property ID` 110545 Geo. ID• Type: Legal Description: Location - I Address: Neighborhood: Mapsco: Jurisdictions: CAD, GCO, LTR,SCS Owner_ Name: _. _.. _.. _ _. Address: Property Appraised Value: Website version: 1.2.2.0 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+ httn://nronaccess.trueautomation.com/Man/ManPrint.asnx?cid=2&searchTvne=PROP TD... 9/23/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 5711g4peared in person before me today and stated under oath: "My name is c6 . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true land correct. I am the owner of the property located at ‘g ,�'eV ��� ��/l� . Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Jj # ie57' telf purposes." "Further, my property is currently being used for the following uses: 641Cs�E'_ Signed: Printed Name: /J✓;c _ i. GI I SIGNED under oath before me on 5C0 e Mber 0(0 , 2011. ..��: :,, BETH ANN MIRELES _ . Notary public,State of Texas =;% ".. MY Commission Notary Public, State of Texas Dec?mber 22 E2 �re3 2014 4 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated g_/,3_ `/ , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a home rule' municipality located in Guadalupe County, Texas ("City"), and ��r,,jf„/,9- , Nei-r, ee 1 ("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 E xhibi><A attached - hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement 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 m •'cipali i in Landowner: Guadalupe Co .: Texas / ;'f By:/ / e, By: ./ii.::_�/ Ga•'F.'p3,Acting Cibolo City Ma -ler or Address: O �� /9 dal Anderson, City Planner ���4, /I (f State/Zip: e k ri 9'7i-e 7 Date: q//5/)/ Date: 9� /3 — // 5k4AC. 1 DleAd: * `r\-Q. ay, aq - D_o 1 l OFFICIALBARRSEAL ON Wit, , : MARITZA r: . NOTARY PUBLIC-OREGON COMMISSION NO.436307 MY COMMISSION EXPIRES FEBRUARY 3,2013 r3-)1"-- (6-k-k—"\"-------' —. .. City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGEEMENT ("Agreement"), dated 2011 ("Effective Date"), made by and between the CITY OF CIBOLO,TEXAS ahome rule municipality located in Guadalupe County, 'Texas ("City"), and /(p4/1,4 d/20 GO L ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shalt 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 C.olo, : home ml--: .. ity in Landowner: Guadal pe C. a ty,Tex.. / By: A oiemt�4 C°Q,W L By' agf/ I' / n / .1, r 0, Acting Ci,olo City Manager or Address: �d 7 L,c,2'e �Q�1 ,L� . •i. .derson, City Planner City: e / i b o l-o State/Zip: 7-K 72/40 Date: / 27 /, Date: bC.., 1 I S City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 izammzussza Guadalupe CAD Property Search Results > 69659 CROWL NORMA JEAN for Year 2011 Property Account Property ID: 69659 Legal Description: ABS:271 SUR: F RODRIGUEZ 1.0000 AC. Geographic ID: 2G0271-0000-08810-0-00 Agent Code: Type: Real Location Address: 387 LOWER VALLEY LN Mapsco: TX Neighborhood: Map ID: P-4 Neighborhood CD: Owner Name: GROWL NORMA JEAN Owner ID: 102120 Mailing Address: 387 LOWER VALLEY LN %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: DV4, HS,OV65S Values (+)Improvement Homesite Value: + $165,459 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: $29,720 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $0 $0 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $195,179 Ag or Timber Use Value Reduction:— • $0 (=)Appraised Value: = $195,179 (—)HS Cap: $0 (=)Assessed Value: = $195,179 r-taxing Jurisdiction Owner: GROWL NORMA JEAN %Ownership: 100.0000000000% Total Value: $195,179 'Entity,Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL DISTRICT 0.000000 $195,179 $183,179 $0.00 GCO GUADALUPE COUNTY 0.344900 $195,179 $168,179 $417.08 $417.08 LTR LATERAL ROAD 0.055000 $195,179 $168,179 $59.06 $59.06• SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $195,179 $158,179 $950.68 $950.68 . _ Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $1,426.82 Taxes w/o Exemptions: $3,581.34 _ .... Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop id=69659 8/5/2011 Guadalupe CAD -Property Details Page 1 of 2 altseEmzzaNIT Guadalupe CAD Property Search Results > 69658 CROWL NORMA JEAN for Year 2011 Property Account - - Property ID: 69658 Legal Description: ABS:271 SUR:F RODRIGUEZ 9.0000 AC. Geographic ID. 2G0271-0000-08800-0-00 Agent Code: Type: Real Location Address: 387 LOWER VALLEY LN Mapsco: Neighborhood: Map ID: P-4 Neighborhood CD: Owner - - Name: CROWL NORMA JEAN Owner ID: 102120 Mailing Address: 387 LOWER VALLEY LN %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $4,397 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $2,633 Ag/Timber Use Value (+)Agricultural Market Valuation: + $92,157 $945 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $99,187 (—)Ag or Timber Use Value Reduction:— $91,212 (=)Appraised Value: _ $7,975 (—)HS Cap: — $0 (=)Assessed Value: _ $7,975 - Taxing Jurisdiction Owner: CROWL NORMA JEAN %Ownership: 100.0000000000% Total Value: $99,187 Entity'Description Tax Rate.Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,975 $7,975 $0.00 GCO GUADALUPE COUNTY 0.344900 $7,975 $7,975 $27.50 LTR LATERAL ROAD 0.055000 $7,975 $7,975 $4.39 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $7,975 $7,975 $114.44 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $146.33 - Taxes w/o Exemptions: $146.33 Improvement/Building http://propaccess.trueautomation.corn/ClientDB/Property.aspx?prop_id=69658 8/5/2011 . Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses /i 'rrna- are D / appeared in person before me today and stated under oath: "My name is /id pima erv,, / . 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 317 Lier kr...4 /4,1 . Said property is appraised fo ad valorem tax purposes under the Texas Tax Code ii for 0 e-S-feale affiell,gt re) purposes." "Further,my property is currently being used for the following uses: ho, ineote Atirlattil-u r ,, Signed: 11,611,1,,,J Printed Name: 4/O,eitf,4 eeelv4 - ' ren SIGNED under oath before me on ,2011. seelem b. 1 a(;) �.o.�,74.z, BETH ANN MIRELES i ? I 1 I ?; �� Notary Public,State of Texas =,,. :y My Commission Expires +`4 Notary Public, State of Texas December 22, 2014 A CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9 ,.- 6:7 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, a/me rule� ality loca d in Guadalupe County, Texas ("City"), and\)Ci v- \ e'` - -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 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement • • NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision. then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 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 ei I'cip.t ity in Landowner: Guadalupe e. . ity,Tex.: r 0a-ns‘ /ef By: \ By _�e.`1 GOX,Acting ibolo Manager or Address: 57e--) 5 Lower--S...ec5cii » ill;a dal Anderson, City Planner City: t,01 0 State/Zip: 1 X 7, /Q U Date: Ci/a, l 1 Date: q/, ,W. /1 I City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement tivadalupe (.All -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69540 BECK DANIEL RAY for Year 2011 Property Account Property ID: 69 •0 Legal Description:ABS:271 SUR: F RODRIGUEZ 1.0000 AC. Geographic ID: 260271-0000-00210-0-00 Agent Code: Type: Real Location Address: 5745 LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-4 Neighborhood CD: Owner Name: BECK DANIEL RAY Owner ID: 57081 Mailing Address: 5745 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values(+)Improvement Homesite Value: + $218,437 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $10,252 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $228,689 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $228,689 (—)HS Cap: — $0 (_)Assessed Value: _ $228,689 ' Taxing Jurisdiction Owner: BECK DANIEL RAY %Ownership: 100.0000000000% Total Value: $228,689 Entity Description 'Tax Rate Appraised Value Taxable Value:Estimated Tax ' CAD APPRAISAL DISTRICT 0.000000 $228,689 $228,689 $0.00 GCO GUADALUPE COUNTY 0.344900 $228,689 $223,689 $771.51 LTR LATERAL ROAD 0.055000 $228,689 $220,689 $121.38 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $228,689 $213,689 $3,066.44 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $3,959.33 Taxes w/o Exemptions: $4,196.21 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=69540 8/5/2011 Uuadalupe CAD -Property Details Page 1 of 2 acssazw' Guadalupe CAD Property Search Results > 69539 BECK DANIEL RAY for Year 2011' Property -- - Account Property ID: 69 39 Legal Description:ABS:271 SUR: F RODRIGUEZ 121.6500 AC. Geographic ID: 2G0271-0000-00200-0-00 Agent Code: Type: Real Location . _ Address: 2202 HAECKERVILLE RD Mapsco: Neighborhood: Map ID: P-4 Neighborhood CD. Owner Name: BECK DANIEL RAY Owner ID- 57081 Mailing Address: 5745 LOWER SEGUIN RD%Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $14,496 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $21,029 Ag/Timber Use Value (+)Agricultural Market Valuation: $618,515 $18,942 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $654,040 (–)Ag or Timber Use Value Reduction:– $599,573 (=)Appraised Value: = $54,467 (–)HS Cap: $0 (=)Assessed Value: $54,467 —-- Taxing Jurisdiction Owner: BECK DANIEL RAY %Ownership: 100.0000000000% Total Value: $654,040 Entity:Description Tax Rate,Appraised Value' Taxable Value[Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $54,467 $54,467 $0.00 ' GC0 GUADALUPE COUNTY 0.344900 $54,467 $54,467 $187.86 LTR LATERAL ROAD 0.055000 $54,467 $54,467 $29.96 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $54,467 $54,467 $781.60 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $999.42 Taxes w/o Exemptions: $999.41 , Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69539 8/3/2011 i Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses —700A-rvi-et �k_ appeared in person before me today and stated under oath: "My name is Dan\£�., -P...61-....._. 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 0, . /-hgc_ken.,/ 8.-e-e Said property is ap raised for ad valorem tax purposes under the Texas Tax Code for ci) ) ..eSy,,- 1 �\ purposes." "Further, rry property is currently being used for the following uses: ike__\P �l Gm'�Q 1 -r- rc�'it (� S co45 3 9 A- c,9s 4-c_D Signed: AC ✓ / / , 4_,_____c___ ___ Printed Name: Gjrl / e/ SIGNED under oath before me on 5e P4 em bcr a 2011. AR;;„. BETH ANN MIRELES i ;••.'% Notary Public,State of Texas Notary Public, State of Texas if.44 My Commission Expires "'-;liAZ;V December 22, 2014 s _ r— R CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT("Agreement"), dated 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS,a ome rule municipality located in Guadalupe County, Texas ("City"), and ESTATE OF PAUL J.MARMESH,DCD. ("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§41035 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 ti 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 Aereement EXECUTED by the parties hereto to be effective as of the date first set forth above. • City of Cibolo,a home rule munici•ality in Landowner: ESTATE OF PAUL J.MARMESH, Guadalupe County,Texas DECEASED / By: ?�2 C0d ,+�`..,"` A . By:IF i�i. 4 L ROBERT CAKL RADL,JR.,IND.EXEC. ,ifirf OX,Acting Cibolo City Manager or Address: 883 SPICERS LANE . .dal Anderson,City Planner City: SAGAMORE HILL • State/Zip: OHIO 44067 Date: q/2,_3// / Date: SEPTEMBER 6,2011 4 • • • • City of CibolaPage 4 014 '!TGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses .---,to Oka.) \ \`��,(,C'(b1a� \ c--..‘n ed in person before me today and stated under oath: "My name is c 121 M ciCrnQ � . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledgin d are true and correct. I am the owner of the property located at l0 311,R6 & g 7 • Said property is appraised for ad valorem tax purposes under the Texas Tax Code \ for lorywr ACS a 5 c---i (..,,..i 1..4,4 ra [purposes." "Further, my property is curren y being used for the following uses: "``'C.Otcia 36 cu 1414 ('a 99 Signed: ;ei�i�"l .,,,,_4./- Printed Name: Au./ A. Marn,esh / `� `� SIGNED under oath before me on 1 2011. // i/,/ " Notary Public, State of Texas ' SHEIIA M.EpMONDSON MY COMMISSION EXPIRES '9,... •••` June 9,2012 • MapPrint Page 1 of 1 Guadalupe CAD Property Search Results > Property ID 63426 MARMESH PAUL J for Year 2011 ta Ma 7. .. • _ Image ; '., , Legend ; 9 _ rtFiaJtJ5PJ�O]' ilk I sl+; �rN A, Zai 1-7 {ng " X: ;l� i,'Y;.: i, - $a , Prod g il� s• . ` C- J t "\,'",,-:',i,,-""',.,,,-.,,,,,,, ,,,,;: ., ; t- • iC}3f(, :<` tis, :', M , County chertz ubos ttnJvatsa1 City ISE/ y,.:� - 3-39." r/, " Di iZ;• = ;S : r . RaJr`ua` � .tis _ i: 'k-rl'• - 'i :< .l.* -- i , , DScho1s. - - tDQ_ , Subdivision ` 11, ;;!2;0„-xrr-;:::::1.,..'" „z.Z'r",'":',;?' .',':N. ,:14:;:'''.: ::5,•,';',:::::::.;,,,I3Exports r < < 5 Yv ('; 1. f?3t. ' Parcels'..f,,-,..,,,, k' a< ; la . k ;lY� it Parcels Polysito. " ' 4h '''',,,,...,-1,-,5'. ;•., v : ' _ 1t Streets i .35tJe . .� i i.' 3 v ,5 - ai^ • , i _ .4i ��l ,iA uv. .•t f + 3 1 , i}. =ti. C:3•Y: iR,. 3r'y, al:'i B� - I • • srl,t'i�.� • jj 'Property Details ___._. __ __ _ _ ____ _...._._ ___.__ Account Property ID: 63426 __�____ _ _ Geo. ID. 2G0134-0000-06400-0-00 Type: Real Legal Description: ABS: 134 SUR:JOSE FLORES 95.4300 AC. Location Address: HAECKERVILLE RD Neighborhood: Mapsco: Jurisdictions: CAD, GCO, LTR,MAS Owner Name: MARMESH PAUL J Address: 143 CANTERBURY HILL SAN ANTONIO,TX 78209 Property Appraised Value: $9,894 Website version: 1.2.2.0 Database last updated on:8/8/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/MapPrint.aspx?cid=2&searchType=PROP ID... 8/23/2011 ' MapPrint Page 1 of 1 • Guadalupe CAD Property Search Results > Property ID 63427 MARMESH PAUL J for Year 2011 °.t _ Map Image Legend i a :3;� ,,-;,-... nFi6iif5P�F' i] i.f! , Via,`' _ F - .,3 64 I I^' 1 14 - dYnPr cuomi-G hli tLa er ',.;.:',--';',-:;,.6014:-.-.1.,-;:, _ y V.is I ':•-•-'''-''''''" <..Jar ::^ .�. . y Yet E count,iii :z:: ::--,.-,-,.:-.=R` • J t w}, Railroad E%' Abstracts 'fi 1 .fi.''fir. -<'tl�+: '+.:r: .,....,. ,.:., ..;. :-=, ',.. <i4..':J.....Vii. _.i;. Ex j•v ,•� Parcel 4s' , • Parcels arcalfi Psi i ( 3' „ ��jj�� ..ee��+�p4Streets _ i52:.� �i i ��yy �F i 1 �t. •4- 1 i e.la 'ear, _ -4:4,:%',:',.t1 3 .2'''''''i,—,' ' .:Y ' .l. i ' i tl,: YA' .. itis v{E.' ,.:i Ja.,'y `S- �! 'S. I ..SFSY } _ i a Property Details Account _ Property ID: 63427 � �� Geo.ID 2G0134-0000-06410-0-00 Type: Real Legal Description: ABS: 134 SUR:JOSE FLORES 1 0000 AC. Location Address: HAECKERVILLE RD Neighborhood: Mapsco: Jurisdictions: CAD,GCO, LTR,MAS Owner Name: MARMESH PAUL J Address: 143 CANTERBURY HILL SAN ANTONIO,TX 78209 Property Appraised Value: $103,933 Website version: 1.2.2.0 Database last updated on:8/8/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved- Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/MapPrint.aspx?cid=2&searchType=PROP ID... 8/23/2011 Guadalupe CAD - Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63426 MARMESH PAUL J for Year 2011 Property Account Property ID" 63426 Legal Description: ABS.134 SUR:JOSE FLORES 95 4300 AC. Geographic ID" 2G0134-0000-06400-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: MARMESH PAUL J Owner ID: 51497 Mailing Address: 143 CANTERBURY HILL %Ownership: 100.0000000000% SAN ANTONIO,TX 78209 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: + $551,688 $9,894 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $551,688 (—)Ag or Timber Use Value Reduction: — $541,794 (=)Appraised Value: _ $9,894 (—)HS Cap: — $0 (_)Assessed Value: _ $9,894 Taxing Jurisdiction Owner MARMESH PAUL J %Ownership: 100.0000000000% Total Value: $551,688 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $9,894 $9,894 $0.00 GCO GUADALUPE COUNTY 0.344900 $9,894 $9,894 $34.12 LTR LATERAL ROAD 0.055000 $9,894 $9,894 $5.44 MAS MARION ISD 1.310000 $9,894 $9,894 $129.61 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $169 17 Taxes w/o Exemptions: $169.18 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63426 8/23/2011 Guadalupe CAD - Property Details Page 2 of 2 Land # 'Type ,Description Acres Sqft Eff Front Eff Depth Market Value 7Prod.Value 1 DIA IMPROVED AVG 64 4300 2787840.00 0.00 0.00 $421,416 $6,958 2 D1A IMPROVED AVG 5.0000 217800.00 0.00 0.00 $32,704 $285 3 D5A NATIVE AVG 5.0000 217800.00 0.00 0.00 $32,704 $280 4 D5A NATIVE AVG 5.0000 217800.00 0.00 0.00 $32,704 $360 5 D3A TILLABLE AVG 11 0000 479160.00 0.00 0.00 $22,110 $1,771 6 D5A NATIVE AVG 5.0000 217800.00 0.00 0.00 $10,050 $240 i Roll Value History ! . ,Year Improvements Land Market Ag Valuation ,Appraised i HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A I 2011 $0 $551,688 9,894 9,894 $0 $9,894 2010 $0 $541,498 9,780 9,780 $0 $9,780 2009 $0 $541,498 9,545 9,545 $0 $9,545 2008 $0 $545,565 9,532 9,532 $0 $9,532 2007 $0 $422,089 9,538 9,538 $0 $9,538 i Deed History-(Last 3 Deed Transactions) , 1 , !# 'Deed Date Type i Description 7Grantor Grantee ,Volume ,Page 1 OT OTHER MARMESH PAUL J 604 92 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 8/8/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/elientdb/Property.aspx?prop_id=63426 8/23/2011 NO. 2010PC3775 ESTATE OF PAUL J. MARMESH, DECEASED IN PROBATE COURT BEXAR COUNTY, TEXAS IN MATTERS PROBATE LETTERS TESTAMENTARY The State of Texas County of Bexar I, GERARD RICKHOFF, Clerk of the Probate Court of Bexar County, Texas, DO HEREBY CERTIFY, that the last Will and Testament of the above named deceased has been admitted to Probate and on the 10th day of January A.D. , 2011, ROBERT CARL RADL, JR. qualified according to law as INDEPENDENT EXECUTOR of the Estate of PAUL J. MARMESH, DECEASED and that said appointment is in full force and effect. Given under my hand and seal of office at San Antonio, Texas, the 3rd day of June A.D. , 2011 . •.. GERARD RICKHOFF, CLERK, PROBATE COURT NO. 1 I :n4.•` BEXAR COUNTY, TEXAS Byd4, J� CI P I,, Deputy ANCY ( . NOR UTT (DKP013) PATRICK J. PAPE Attorney at Law 7373 Broadway-Suite 500 San Antonio,Texas 78209 Telephone(210)826-3900 Telecopier(210)826-4276 September 9, 2011 Mr. Paul A. Marmesh TO BE PICKED UP 4221 Haeckerville Rd. Cibolo, TX 78108 Ms. Alexa Ann Marmesh 2111 N. Austin Ave., Apt. 5207 Georgetown, TX 78626 Re: Estate of Estate of Paul J. Marmesh, Deceased, Cause No. 2010PC3775, pending in Probate Court Number One, Bexar County, Texas - Guadalupe County Property Issue Dear Paul and Alexa: In accordance with the request of both of you, enclosed herewith is a copy of the executed City of Cibolo Non Annexation Development Agreement relating to the Guadalupe County property owned by your father on the date of his death. Also enclosed is a Letter Testamentary issued by the Probate Court of Bexar County, Texas evidencing that Robert Carl Radl,Jr. has qualified as Independent Executor of your father's estate. It is my understanding that both of you desire to enter into the Non Annexation Agreement with the City of Cibolo and that Paul will handle this matter with the City of Cibolo prior to the September 30, 2011 deadline. Very trul ours, PATRICK J. PAPE Enclosures cc: Mr. Robert Carl Radl,Jr. { • Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 ' 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9/23 , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXA , a home n�i e muinicipality 1pcat ed in Guadalupe County, Texas ("City"), and J 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 of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided, however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement sha 1 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 munici. ,: Landowner: Guadalupe , Texas / By: t) evQ1n Sc\m„.,„c,eje_QJ By: � SD Gary Acting Cibolo Ci Manager Or Address: IMoy 1 1 ,. ' • iiipf Anderson, City Planner City: L%►+f.\ State/Zip: _�� U I S S Date: Q163/' ( Date: 9, 1,23 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 kiE:tOrN.12.r% << 11relae in person before me today and stated under oath: "My name is�kt S y,-soek I . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at . Said property is appraised for adalorem tax purposes( under the Texas Tax Code for \C�v.t2-kIcea 94-0;cc.)C . purposes." "Further,my property is currently being used for the following uses: \r\t \-e-c-o"r--e3rl CJ \. ra 1 and ac-Cie415-ry 10\0A5 . Signed: Art., 02. C21C-V4w1A4 Printed Name: 5-te j c h L. Scl o c kt ( rd SIGNED under oath before me on , ' - 3 , 2011. i L______ '�''s'.�� SHEIIA M.EDMONDSON i , r r MY COMMISSION EXPIRES �Iln�e,2o12 Notary Public State of Texas •` ° ^zuuuauu9cutui -rzoptny.uetano Page 1 of 2 erzsgon'c' Guadalupe CAD . . . ' Property Search Results > 63518 SCHMOEKEL STEVEN L for Year 2011 - - _-- rm�e�y - - -- ---� �-------- -�--�� '--- - - _ --- - Account Property ID: 63518 Legal Daachption:ABS: 1D4SUR:JOSE FU]----5000 AC-- - --- GeoQraphic|D: 28O134OOOO'10D10'0-00Agent Code: Type: Real Location ' Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner - Name: SCHMOEKEL STEVEN L Owner ID: 51559 —' -'--- -- Mailing Address: 450 MOUNTAIN OAK LN %Ownership: 100.0000000000Y6 SEGUIN,TX 78155 Exemptions: -----'--' - '- ------- - -- ------- Values --- - -'--- '----- ----------' ----------�-'-- (÷)Improvement Homesite Value: + $0 (+)Improvement Non'MomeodeValue: + $20.440 (+) Land Homesite Value: + $0 (+)Land Non-Homesite Value: + *5.361 Ag I Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)llmborMarko Valuation: + $0 $0 (=)Market Value: = $25.801 (-)Ag or Timber Use Value Reduction:- $0 (=)Appraised Value: = $25,801 (-)HS Cap: _ $0 (=)Assessed Value: = s25.801 Taxing Jurisdiction | Owner: SCHMOEKEL STEVEN L %Ownership: 100.0000000000Y6 Total Value: u25.801 •Eet�,.Description '----'----'--------- --'------------ ---------- Tax Rate Appraised Value Taxable Value EstimatedTax CAD APPRAISAL DISTRICT 0.000000 $25,801 $25,801 $0.00 GC0 GUADALUPE COUNTY 0.344900 $25,801 $25,801 $88.99 LTR LATERAL ROAD 0.055000 $25,801 $25,801 $14.19 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $25,801 $25,801 $370.24 • Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $473.42 Improvement' Building —� -- ---'----_----_----_ - _ ' - - _ - '- _ _ __ - _•--__ "`+':/'p^opa.cesu'u 'comcxinztdbVProperty. ' d=63518 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Qqadalupe CAD Property Search Results > 63517 SCHMOEKEL STEVEN L for Year 2011 Property - - - -----------------— Account Property ID: 63517 Legal Description: ABS: 134 SUR:JOSE FLORES 53.6700 AC. Geographic ID: 2G0134-0000-10600-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: SCHMOEKEL STEVEN L Owner ID: 51559 Mailing Address: 450 MOUNTAIN OAK LN %Ownership: 100.0000000000% SEGUIN,TX 78155 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $1,166 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $307,157 $8,641 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $308,323 (–)Ag or Timber Use Value Reduction: – $298,516 (=)Appraised Value: = $9,807 (–)HS Cap: $0 (=)Assessed Value: = $9,807 Taxing Jurisdiction Owner: SCHMOEKEL STEVEN L %Ownership: 100.0000000000% Total Value: $308,323 :Entity'Description :Tax Rate,Appraised Value Taxable Value Estimated Tax , • 7C—AD APPRAISAL DISTRICT 0.000000 $9,807 $9,807 $0.00 GCO GUADALUPE COUNTY 0.344900 $9,807 $9,807 $33.83 LTR LATERAL ROAD 0.055000 $9,807 $9,807 $5.39 SCS BCHERTZ-CIBOLO-U.C. ISD 1.435000 $9,807 $9,807 $140.73 ._ Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $179.95 Taxes w/o Exemptions: $179.95 Improvement/Building http://propaccess.trueautomation..com/clientdb/Property.aspx?prop_id=63517 8/3/2011 Y CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9 r , 2011 ("Effective Date"), made by,and between the CITY OF CIBOLO,TEXAS, a home rule municipalitylocated in Guadalupe County, Texas ("City"), and 04/L, E.. /V c /n r< ' ; ( Landowner»), WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an orig.nal signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement Y EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Ciboh, a home rule m cip. ity in Landowner: Guadalupe Co . ty, Texas O '-t M sr\"--i V "C. G.."2•X,Acting Cibolo City Manag- •r Address: 6/ Li.aer i/a 7 /ane- iie Anderson, City Planner City: C/A°/AC State/Zip: TX 7g 1° 3 . / Date: q72,2// ( Date: 9 - - 1 / City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement i Exhibit B CITY OF CIB®L® NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses Octf.1 Et GsA(Ng app are f person before me today and stated under oath: "My name is C--icx, \ `4 1 c'P I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true :/1 colcf. LW rie I am the owner of the property located at (.P/ T L i ..-„,-: .1-a/ Said property is appraised for ad valorem tax purposes under the Texas Tax Code for home5-/-ece; r'irCv (-44(4 / purposes." "Further, my property is currentl being used for the following uses: && . ' e!Al a• . Gv \ I. 99 ���. . Signed: �¢�1Z Printed Name: gel/1- alt/7 .4 SIGNED under oath before me on ' c&Oer D>- 7 2011. `�.��`�r IP**, f - PSM i 1 Ake? ;?o; BETH ANN MIRELES Notary Public,State of Texas Notary Public, State of Texas ;;;,..os My Commission •Expires ''%�;,°,,00 December 22, 2014 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 106457 MCINTYRE GAIL & ELAINE MCINTYRE for Year 2011 Property Account Property ID: 106457 Legal Description:ABS:271 SUR: F RODRIGUEZ 1.050 AC. Geographic ID: 2G0271-0000-00805-0-00 Agent Code: Type: Real Location _ Address: 614 LOWER VALLEY LN Mapsco: TX Neighborhood: Map ID: P-4 Neighborhood CD: Owner Name: MCINTYRE GAIL&ELAINE MCINTYRE Owner ID: 74176 Mailing Address: 614 LOWER VALLEY LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS,OV65 Values (+)Improvement Homesite Value: + $169,712 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: $14,022 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $0 $0 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $183,734 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: = $183,734 (—)HS Cap: $0 (=)Assessed Value: = $183,734 Taxing Jurisdiction Owner MCINTYRE GAIL&ELAINE MCINTYRE %Ownership: 100.0000000000% Total Value: $183,734 Entity t Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL DISTRICT 0.000000 $183,734 $183,734 $0.00 GCO GUADALUPE COUNTY 0.344900 $183,734 $168,734 $466.73 $466.73 LTR LATERAL ROAD 0.055000 $183,734 $168,734 $66.09 $66.09 'SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $183,734 $158,734 $1,588.56 $1,588.56 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $2,121.38 Taxes w/o Exemptions: $3,371.34 Improvement I Building http://propaccess.trueautomation.comIclientdb/Property.aspx?prop_id=106457 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69546 MCINTYRE GAIL & ELAINE MCINTYRE for Year 2011 Property Account Property ID: 69546 Legal Description:ABS:271 SUR. F RODRIGUEZ 7.0000 AC. Geographic ID: 2G0271-0000-00820-0-00 Agent Code: Type: Real Location Address: LOWER VALLEY LN Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: MCINTYRE GAIL&ELAINE MCINTYRE Owner ID: 74176 Mailing Address: 614 LOWER VALLEY LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $7,033 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $60,054 $574 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $67,087 (—)Ag or Timber Use Value Reduction:— $59,480 (=)Appraised Value: _ $7,607 (—)HS Cap: — $0 (=)Assessed Value: _ $7,607 Taxing Jurisdiction Owner: MCINTYRE GAIL&ELAINE MCINTYRE %Ownership: 100.0000000000% Total Value: $67,087 Entity;Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $7,607 $7,607 $0.00 ., GCO GUADALUPE COUNTY 0.344900 $7,607 $7,607 $26.24 LTR LATERAL ROAD 0.055000 $7,607 $7,607 $4.18 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $7,607 $7,607 $109.16 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $139.58 Taxes w/o Exemptions: $139.58 Improvement I Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69546 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results> 69544 MCINTYRE GAIL&ELAINE MCINTYRE for Year 2011 Property - - Account Property ID: 69544 Legal Description:ABS:271 SUR:F RODRIGUEZ 7.000 AC.MORGAN HORSE RANCH Geographic ID: 2G0271-0000-00800-0-00 Agent Code: Type: Real Location Address: LOWER VALLEY LN Maps= TX Neighborhood: Map ID: P-4 Neighborhood CD: Owner Name: MCINTYRE GAIL&ELAINE MCINTYRE Owner ID: 74176 Mailing Address: 614 LOWER VALLEY LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $25,824 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $60,148 $756 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $85,972 (—)Ag or Timber Use Value Reduction:— $59,392 (=)Appraised Value: = $26,580 (—)HS Cap: $0 (=)Assessed Value: = $26,580 Taxing Jurisdiction • Owner MCINTYRE GAIL&ELAINE MCINTYRE %Ownership: 100.0000000000% Total Value: $85,972 Entity Description Tax Rate Appraised Value. Taxable Value.Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $26,580 $26,580 $0.00 GCO GUADALUPE COUNTY 0.344900 $26,580 $26,580 $91.68 LTR LATERAL ROAD 0.055000 $26,580 $26,580 $14.62 -- SCS SCHERTZ-CIBOLO-U.C.ISD 1A35000 $26,580 $26,580 $381A2 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $487.72 - - - - - Taxes w/o Exemptions: $487.72 _ - Improvement!Building Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $25,824 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN PBD 0 936.0 STBL HORSE STABLE HSFF 0 2240.0 Land - - _ - — - - - Type Description Acres Sqft Eff Front •Eff Depth Market Value Prod.Value http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69544 8/3/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9 , 2011 ("Effective Date"), by made and between the CITY OF CIBOLO S a ome a municipali cated in Guadalupe County, Texas ("City"), and t r aC.e. at r— ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and snfficiency 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 Cib• •, a home rule m , cip. ty in Landowner: Guadd lu o e C• ty,Texas By: k r\One--e- eCtr B � gOx,Acting Cibolo Ci Wager or Address: �1 • • `r. •dal Anderson, City Planner City: Csir O pl o State/Zip: ` `Ig I Date: qbozli l Date: 9/.2 ( f j 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 d-Ivn C'aMaCC-J`"appeared in person before me today and stated under oath: y name is.-"c:)Q,1(\r.•.`.\-ThQal- . 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 4(\9-A ` nw. (-2->e_3(__%\ 0ZO Said property is appraised for ad valorem tax purposes under the Texas Tax Code for cn ohs l • 4 �( J. purposes." CrItith C O c0 er,my property i c ently being used for the following uses: \r(--.60 i . V\,erY-Y.\-C2- iS Le - m i7 . I;dal ,� Ut ‘6v ode,< w- �Cir`vi 5Qr crGv fur ,, Signed: 4141171/11( 14/ Printed Name: / XATA/ ,k eat SIGNED under oath before me on 5 cpicmom( a. - , 2011. ' , SETH ANN MIRELES Narsry Pubifc,State of Texas Notary Public, State of Texas my Commission Expires •. Dec r,mber 22, 2014 = Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD f/ Property Search Results>132507 DEAR CANDACE L&DANNY R for Year 2011 Property Account r. Property ID- 132507 Legal Description:PFS0693677 2000 16X76 RIVERBEND-PALM HARBOR SER#PH22B330 TITLE:00147316 Geographic ID: 2G0271-0000-05800-5-08 Agent Code: Type: Mobile Home Location Address: 4939 LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: DEAR CANDACE L&DANNY R Owner ID: 107910 Mailing Address: 4939 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values ' (+)Improvement Homesite Value: + $26,627 (+)improvement Non-Homesite Value:+ $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 " (+)Timber Market Valuation: + $0 $0 (=)Market Value: = $26,627 (–)Ag or Timber Use Value Reduction:– $0 ' (=)Appraised Value: = $26,627 (–)HS Cap: – $0 (_)Assessed Value: = $26,627 Taxing Jurisdiction Owner. DEAR CANDACE L&DANNY R %Ownership:100.0000000000% Total Value: $26,627 Entity Description Tax Rate Appraised Value Taxable Value,Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $26,627 $26,627 $0.00 GCO GUADALUPE COUNTY 0.344900 .$26,627 $21,627 $74.59 LTR LATERAL ROAD 0.055000 $26,627 $18,627 $10.24 SGS SEGUIN ISD .....1.249800 $26,627 $11,627 $145.31 Total Tax Rate: 1.649700 Taxes w/Current Exemptions: $230.14 —___ Taxes w/o Exemptions: $439.27 - ----- -5---. Improvement I Building Improvement#1: MOBILE HOMES State Code: M1 Living Area: 1216.0 soft Value: $26,627 Type Description Class CD Exterior Wall Year Built SOFT MH MOBILE HOME M14 2000 1216.0 DCD DET COV DECK DCD 0 96.0 AT ATTACHMENT AT2 0 1.0 DCD DET COV DECK DCD 0 288.0 STG STORAGE STGF 0 160.0 Land No land segments exist for this property Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=13207 8/3/2011 Guadalupe CAD -Property Details Page 2 of 2 2012 NIA N/A N/A N/A N/A N/A 2011 $26,62/7 $0 0 26,627 $0 $26,627 2010 $29,189 $0 0 29,189 $0 $29,189 2009 $29,237 $0 0 29,237 $0 $29,237 2008 $29,237 $0 0 29,237 $0 $29,237 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:7/28/2011 8:28 PM m 2011 True Automation,Inc.All Rights Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+ nttp://propaccess.trueautomation.com/cuentdb/Property.aspx?prop_id=132507 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CADS/• Property Search Results > 69608 DEAR DANNY & CANDACE for Year 2011 Property _ Account Property ID: 69608 Legal Description:ABS-271 SUR. F RODRIGUEZ 1.9990 AC Geographic ID* 2G0271-0000-05800-0-00 Agent Code: Type: Real Location Address: 4939 LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID* P-5 Neighborhood CD: Owner Name: DEAR DANNY&CANDACE Owner 1D 90758 Mailing Address: 4939 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $45,270 (+)Land Homesite Value: + $0 • (+)Land Non-Homesite Value: + $48,780 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)limber Market Valuation: + $0 $0 (_)Market Value: _ $94,050 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $94,050 (—)HS Cap: — $0 (=)Assessed Value: _ $94,050 Taxing Jurisdiction Owner: DEAR DANNY&CANDACE \ %o Ownership: 100.0000000000% Total Value: $94,050 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $94,050 $94,050 $0.00 GCO GUADALUPE COUNTY 0.344900 $94,050 $94,050 $324.38 LTR LATERAL ROAD 0.055000 $94,050 $94,050 $51.73 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $94,050 $94,050 $1,349.62 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $1,725.73 Taxes w/o Exemptions: $1,725.72 Improvement/Building - - - ---- ---------- http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69608 8/.3/2011 • Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: / RESIDENTIAL State Code: A3 Living Area: sqft Value: $45,270 Type Description Class CD Exterior Wall Year Built SOFT DG DET GARAGE DGE 0 1800.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 ACRE ACRE 1.9990 43560.00 0.00 0.00 $43,780 $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 2012 N/A N/A N/A N/A N/A N/A 2011 $45,270 $48,780 0 94,050 $0 $94,050 - 2010 $0 $47,921 0 47,921 $0 $47,921 2009 $0 $47,921 0 47,921 $0 $47,921 2008 $0 $47,921 0 47,921 $0 $47,921 2007 $0 $37,516 0 37,516 $0 $37,516 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 2/8/2006 12:00:00 AM WD WARRANTY DEED WHITE TAMMY RAI DEAR DANNY&CA 2272 0396 2 1/26/2000 12:00:00 AM OT OTHER WHITE TAMMY RAI 1491 0216 Questions Please Call(830) 303-3313 Website version: 1.2.22 Database last updated on:7/28/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. - -- - - http://propaccess.trueautornation.corn/clientdb/Properry.aspx?prop_id=69608 8/3/2011 Guadalupe CAD-Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69686 NEMEC DONNA F for Year 2011 I Property Account Property ID: 69686 Legal Description:ABS:272 SUR:J M ROSA 16.4140 AC. Geographic ID: 2G0272-0000-01750-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: NEMEC DONNA F Owner ID: 57203 Mailing Address: 4640 SW 189TH PL %Ownership: 100.0000000000% ALOHA,OR 97007-2429 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value Agncultu�afMarketValuation:— +-- -$140,237 - - $2,643 - - - - -- - - (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $140,237 (-)Ag or Timber Use Value Reduction:- $137,594 (=)Appraised Value: _ $2,643 (-)HS Cap: - $0 (=)Assessed Value: _ $2,643 1 Taxing Jurisdiction Owner. NEMEC DONNA F %Ownership: 100.0000000000% Total Value: $140,237 I Entity Description 1Tax Rate I Appraised Value Taxable Value;Estimated Tax I CAD APPRAISAL DISTRICT 0.000000 $2,643 $2,643 $0.00 GCO GUADALUPE COUNTY 0.344900 $2,643 $2,643 $9.11 LTR LATERAL ROAD 0.055000 $2,643 $2,643 $1.45 l SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $2,643 $2,643 $37.93 Total Tax Rate: 1.834900 } Taxes w/Current Exemptions: $48.49 Taxes w/o Exemptions: $48.50 i Improvement I Building No improvements exist for this property. http://propaccess.trueautomation.com/ClientDB/Property.aspx?cid=2&prop_id=69686 9/12/2011 Guadalupe CAD -Property Details Page 2 of 2 Land - j i#I Type i Description I Acres !Sqft i Eff Front 'Eff Depth !Market Value 1 Prod.Value 1 D3G TILLABLE GOOD 16.4140 696960.00 0.00 0.00 $140,237 $2,643 • Roll Value History I Year I Improvements I Land Market 1 Ag Valuation I Appraised HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A 2011 __ $0 ___ $140,237 2,643 2,643 $0 $2,643 I '1 2010 $0 $137,487 2,626 2,626 $0 $2,626 12009 $0 $137,487 2,610 2,610 $0 $2,6101 12008 $0 $137,487 2,561 2,561 $0 $2,561 12007 $0 $104,157 2,511 2,511 $0 $2,511 IDeed History -(Last 3 Deed Transactions) I# I Deed Date I Type I Description 1 Grantor 1 Grantee 3 Volume I Page I Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved.Privacy Notice i This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.cor /Client]B/Property.aspx?cid=2&prop id=69686 9/12/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TE • S, a ome rule municipality ocated in Guadalupe County, Texas ("City"), and .rte 1 _� ("Landowner"); Rl se-G. WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns,including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution,this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement • r' EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo,a home rule muni •:.1.4 in Landowner: Guadalupe P 0 • ,Texas 7 By: tReArl e—Tray 14)61(7- Q r2Dt •!'�`Ox,Acting Cibolo City Manager or Address: 3/ ,1- „,-,„„,e jam, ' . .c . Anderson, City Planner City: Ma r 1"227 State/Zip: 7 gf?4 Date: 9/6// Date: q //&/1/ City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 7 tososomsusa=1124=2221a Guadalupe CAD Property Search Results>63358 GARZA HOLLY for Year 2011 Property Account Property ID: 63358 Legal Description:ABS: 134 SUR:JOSE FLORES 96.000 AC. Geographic ID: 2G0134-0000-03400-0-00 Agent Code: Type: Real Location Address: 4505 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: GARZA HOLLY Owner ID: 84349 Mailing Address: ADMINSTRATRIX OF THE ESTATE OF SAMUEL L PFANNSTIEL%Ownership: 100.0000000000% 366 DEERWOOD LANE MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $1,500 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $20,220 Ag!Timber Use Value (+)Agricultural Market Valuation: $643,850 $13,662 (+)Timber Market Valuation: $0 $0 (.)Market Value: = $665,570 (—)Ag or Timber Use Value Reduction:— $630,188 (=)Appraised Value: = $35,382 (—)HS Cap: $0 (=)Assessed Value: = $35,382 Taxing Jurisdiction Owner GARZA HOLLY %Ownership: 100.0000000000% Total Value: $665,570 Entity;Description Tax Rate Appraised Value Taxable Value-T Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $35,382 $35,382 $0.00 GCO GUADALUPE COUNTY 0.344900 $35,382 $35,382 $122.03 LTR LATERAL ROAD 0.055000 $35,382 $35,382 $19.46 !MAS MARION ISD 1.310000 $35,382 $35,382 $463.50 Total Tax Rate: 1 709900 Taxes w/Current Exemptions: $604.99 Taxes w/o Exemptions: $605.00 Improvement/Building 'Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $1,500 Type Description Class CD Exterior Wall Year Built SQFT FN FLAT VALUE FN 1664.0 FN FLAT VALUE FN 384.0 Land # Type Description Acres 'Sqft Elf Front Elf Depth 'Market Value Prod.Value http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63358 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 • Guadalupe CAD Property Search Results>63359 GARZA HOLLY for Year 2011 Property -- _ Account Property ID: 63359 Legal Description:ABS:134 SUR:JOSE FLORES 0.4300 AC. Geographic ID: 2G0134-0000-03410-0-00 Agent Code: Type: Real Location Address: 4505 HAECKERVILLE RD Masco: TX Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: GARZA HOLLY Owner ID: 84349 Mailing Address: ADMINSTRATRIX OF THE ESTATE OF SAMUEL L PFANNSTIEL%Ownership: 100.0000000000% 366 DEERWOOD LANE MARION,TX 78124 Exemptions: ----------------------------- Values -- (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $95,665 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $7,930 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $103,595 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $103,595 (—).HS Cap: — $0 (_)Assessed Value: _ $103,595 Taxing Jurisdiction Owner GARZA HOLLY %Ownership: 100.0000000000% Total Value: $103,595 Entity i Description Tax Rate:Appraised Value, Taxable Value'Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $103,595 $103,595 $0.00 GCO GUADALUPE COUNTY 0.344900 $103,595 $103,595 $357.30 LTR LATERAL ROAD 0.055000 $103,595 $103,595 $56.98 MAS MARION ISD 1.310000 $103,595 $103,595 $1,357.09 ' Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $1,771.37 Taxes w/o Exemptions: $1,771.37 Improvement/Building Improvement#1: RESIDENTIAL State Code: El Living Area: 2033.0 sqft Value: $95,665 Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 5 WS 1929 1813.0 ADDN ADDN-COMP WS 1929 220.0 CP COV PORCH WS 1929 250.0 Land http://propaccess.traeautomation.com/clientdb/Property.aspx?prop_id=63359 8/3/2011 Guadalupe CAD -Property Details rage i or 1 Guadalupe CAD Property Search Results>130011 GARZA RENE A&JOLLY P for Year 2011 Property Account Property ID: 130011 Legal Description:TEX0503018 1994 16X76 FLEETWOOD-FESTIVAL LIMITED SER#TXFLR12A20225 TITLE:00208014 Geographic ID: 2G0134-0000-03410-5-08 Agent Code: Type: Mobile Home Location Address: 4505 HAECKERVILLE RD Mapsco: CIBOLO,TX 78101 Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: GARZA RENE A&JOLLY P Owner ID: 102204 Mailing Address: 366 DEERWOOD LN %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value:+ $15,896 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $15,896 (—)Ag or Timber Use Value Reduction:— $0 (_)Appraised Value: _ $15,896 (—)HS Cap: — $0 (=)Assessed Value: _ $15,896 Taxing Jurisdiction Owner. GARZA RENE A&JOLLY P %Ownership:100.0000000000% Total Value: $15,896 Entity Description Tax Rate;Appraised Value ,Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $15,896 $15,896 $0.00 GC0 GUADALUPE COUNTY 0.344900 $15,896 $15,896 $54.82 LTR LATERAL ROAD 0.055000 $15,896 $15,896 $8.74 MAS MARION ISD 1.310000 $15,896 $15,896 $20823 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $271.79 Taxes w/o Exemptions: $271.81 Improvement!Building ;Improvement#1: MOBILE HOMES State Code: M1 Living Area: 1216.0 sqft Value: $15,896 Type Description Class CD Exterior Wall Year Built SQFT MH MOBILE HOME M11 1994 1216.0 AT ATTACHMENT AT1 0 1.0 Land No land segments exist for this property Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A 2011 $15,896 $0 0 15,896 $0 $15,896 2010 $15,896 $0 0 15,896 $0 $15,896 2009 $15,920 $0 0 15,920 $0 $15,920 2008 $15,920 $0 0 15,920 $0 $15,920 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=130011 8/5/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results>132514 GARZA TRAY for Year 2011 - - - Property • Account Property ID: 132514 Legal Description:PFS0984218 2006 18X76 OAK CREEK-LE SERIES 90 SERe0C050616261 TITLE:00196108 Geographic ID: 2G0134-0000-03400-5-08 Agent Code: Type: Mobile Home Location Address: 4515 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: Q-5 Neighborhood CD: Owner Name: GARZA TRAY Owner ID: 107959 Mailing Address: 366 DEERWOOD LN %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $26,987 (+)Land Homesite Value: $0 (4-)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $26,987 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: = $26,987 (—)HS Cap: $0 (=)Assessed Value: = $26,987 Taxing Jurisdiction Owner: GARZA TRAY %Ownership:100.0000000000% Total Value: $26,987 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $26,987 $26,987 $0.00 GCO GUADALUPE COUNTY 0.344900 $26,987 $26,987 $93.08 LTR LATERAL ROAD 0.055000 $26,987 $26,987 $14.84 MAS MARION ISD 1.310000 $26,987 $26,987 $353.53 Total Tax Rate: 1.709900 Taxes w/Current Exemptions: $461.45 Taxes w/o Exemptions: $461 45 Improvement/Building Improvement#1: MOBILE HOMES State Code: M1 Living Area: 1368.0 sqft Value: $26,987 _........ _ Type Description Class CD Exterior Wall Year Built SOFT MH MOBILE HOME M13 HB-HARDBOARD 2006 1368.0 DECK DECK-UNCOV 0 225.0 AT ATTACHMENT AT1 0 1.0 Land No land segments exist for this property Roll Value History Year Improvements Land Market Ag Valuation Appraised ,HS Cap Assessed 2012 N/A N/A N/A N/A N/A N/A http://propaccess.trueautomation.com/clientdb/Property.aspx?prop id=132514 8/3/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses '1-10I , Gr appeared in person before me today and stated under oath: "My name is 4+ I IL( (}c3J"zq . 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 (03_359 (o(3 CD( Li .I Said property is appraised for ad valorem tax p os. the Tas Taxi Code tl for C1 f \--e,, Stiex -�-ice I r � � `� purposes." "Further,my property is currently being used for the following uses: I?)a5\LI -T(c ear7n - AOBJ► hoe 5O011 - Rx( -e -i\I() Cc c7a u W i4om (D335q -- No\ 1L Co xxc - Hom-es ad Li9335 - kA ertiza - D9 c_ Signed: 1‘.' Printed Name: o}1 . a z. c� SIGNED under oath before me on Q NOT f" J , 2011. i ,�:.��:�:., rn O. 4?,yilryliu �y�� .,e; ,�+ MAGGIE LYNNE PAiof Texas Notary Pu. i-, State o Texas _ Notary Public,State of Texas �."� My Commission Expires Docamb®r Z2, 2014 1 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT ENT This DEVELOPMENT AGREEMENT ("Agreement"), date820. '"I , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a homea mun cipalilocated in Guadalupe County, Texas ("City"), and cLQ,} ("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 43.03 5 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 r 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 Ageement 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 thelaws 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 r EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule m.:i cip•4'ty in Landowner: Guacalupe C. •`ty,Texas B By: 4l4 I *do ` BY: // .. G• I'd g" Acting CI.:10Manager or Address: Q?9 Oi /-1-4ecko U 4 ,//e, • AndeIson, City Planner City: l?' bo r O State/Zip: TX ' F!o Date: a f Date: -< / / i City of Cibolo Pane 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 06appeared in person before me today and stated under oath: "My name is V.0,4-N-Totc 1_04.- 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 ) Said property is appraised for ad valorem tax purposes under the Texas Tax Code for POrOeead purposes." "Further,my property is currently being used for the following uses: a CDC ', 4f4 Signed: Printed Name: ` C1 PC efr SIGNED under oath before me onCC—`-PA , 2011. L:,, � MAGGIE P LYNNE ate of exa �I QJ I�. Jv' Notary Public,State of Texas ;,s eo My December i22 20145 Notary Pu , State o Texas Guadalupe CAD -Property Details Page 1 of 2 Y _ Guadalupe CAD Property Search Results > 63364 TACKETT KATHY G for Year 2011 Property Account Property ID: 63364 Legal Description:ABS: 134 SUR:JOSE FLORES 0.8280 AC. Geographic ID: 2G0134-0000-03610-0-00 Agent Code: Type: Real Location Address: 2960 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: TACKETT KATHY G Owner ID: 51443 Mailing Address: 2960 HAECKERVILLE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $176,588 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $9,852 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $186,440 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: _ $186,440 (—)HS Cap: — $0 (=)Assessed Value: _ $186,440 Taxing Jurisdiction Owner TACKETT KATHY G %Ownership: 100.0000000000% Total Value: $186,440 Entity rbescriptiOn ;Tax Rate Appraised Value, Taxable Value;Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $186,440 $186,440 $0.00 GCO GUADALUPE COUNTY 0.344900 $186,440 $181,440 $625.79 LTR LATERAL ROAD 0.055000 $186,440 $178,440 $98.14 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $186,440 $171,440 $2,460.17 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $3,184.10 Taxes w/o Exemptions: $3,420.99 Improvement I Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63364 9/14/2011 ' Guadalupe CAD -Property Details Page 2 of 2 Improvement#1: RESIDENTIAL State Code: Al Living Area: 2326.0 sqft Value: $176,588 i Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 9+ BV 1993 2326.0 AGF ATT GARAGE-FIN * 1993 484.0 CPT PATIO-COV * 1993 88.0 SP SCN PORCH * 1993 298.0 Land - i # ;Type ;Description j Acres Sgft 1 Eff Front j Eff Depth ; i Market Value ;Prod.Value ; 1 G29 G29 0.8280 0.00 0.00 0.00 $4,852 $0 i 2 UTIL UTILITY 0.0000 0.00 0.00 0.00 $5,000 $0 Roll Value History Year !Improvements i Land Market j Ag Valuation --1- Appraised j HS Cap [Assessed I 2012 N/A N/A WA N/A N/A -1N/A 12011 $176,588 $9,852 0 186,440 $0 $186,440 12010 $181,173 $9,757 0 190,930 $0 $190,9301 2009 $182,987 $9,757 0 192,744 $0 $192,7441 2008 6182,987 $9,757 0 192,744 $0 $192,744 1 -------- --- 2007 $175,110 $8,604 0 183,714 $0 $183,714 • Deed History-(Last 3 Deed Transactions) , !#!Deed Date 1 Type ;Description !Grantor !Grantee 1 Volume ;Page I 1 4/14/199312:00:00 AM OT OTHER TACKETT KATHY C 1036 0053 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:9/7/2011 8:28 ©2011 True Automation,Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Properry.aspx?prop_id=63364 9/14/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT ENT This DEVELOPMENT AGREEMENT ("Agreement"), date&1' ' A , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipalitylocated in Guadalupe County, Texas ("City"), and tY Y uje )("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document,master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement • Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment: Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement p EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule •t s ► pality in Landowner: Guadalupe C•_sty,Tex. 4444.1 .0.4taidtzL) By: i By: G•'Sr Ox,Acting Cibolo City Manager or Address: 31 q Z 14&eLIcer-tit /(e Rk • -.,T al Anderson, City Planner � r City: l.�-bo State/Zip: JJe42:2-.1, 7 b i V s Date: 9/9/ D ate: q--/q -1( City of Cibolo Pace 4 of 4 TLOC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses PDS-ianna appeared in person before me today and stated under oath: "My name is KS_ . I . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at L..çE53 (1),(..e Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 0fres!tpurposes." "Further, my property is currently being used for the following 1-10(1 ),SACC.k.CP uses: Signed: 4,12A .D__,4 ., Printed Name: Mr LKJ&o—Seckcie SIGNED under oath before me on ICI , 2011. "'P°�'% MAGGIE LYNNE PATTERSON ,,•_•,�'� �1 . Auk +,'� �"�= Notary Public,State of TexasNotary �;»f M c P�� 4 State o'�► exas +7,�cr<<� y. omrris8ion Expires �,,,;%0 December 22, 2014 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63366 BRADEN MARIANNA G for Year 2011 Property Account Property ID: 63366 Legal Description:ABS: 134 SUR:JOSE FLORES 4.6740 AC. Geographic ID: 2G0134-0000-03710-0-00 Agent Code: Type: Real Location Address: 3192 HAECKERVILLE RD Mapsco: CIBOLO,TX 78108 Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: BRADEN MARIANNA G Owner ID: 51447 Mailing Address: 3192 HAECKERVILLE RD%Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $169,371 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $78,398 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $247,769 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $247,769 (—)HS Cap: — $0 (=)Assessed Value: _ $247,769 Taxing Jurisdiction j Owner: BRADEN MARIANNA G %Ownership: 100.0000000000% Total Value: $247,769 Entity;Description Tax Rate'Appraised Value Taxable Value!Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $247,769 $247,769 $0.00 • GCO GUADALUPE COUNTY 0.344900 $247,769 $242,769 $837.31 ILTR LATERAL ROAD 0.055000 $247,769 $239,769 $13187 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $247,769 $232,769 $3,340.24 • - Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $4,309.42 Taxes w/o Exemptions: $4,546.31 • Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63366 9/14/2011 Guadalupe CAD -Property Details Page 2 of 2 1 Improvement#1: RESIDENTIAL State Code: Al Living Area: 2734.0 sqft Value: $169,371 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAIN FLR 7 WD-WOOD,ST-STUCCO 2000 1350.0 CARC CARPRT-C * WS 2000 440.0 UPST 2ND FLR * WS 2000 1384.0 CP COV PORCH * 0 192.0 POOL POOL PL3 2010 1.0 BARN BARN WBD 2000 1400.0 - - -- - - - - -- Land1 I# ;Type Description Acres I Sgft Eff Front 'Eff Depth [Market Value 1 Prod Value ' 1 ACRE ACRE 4.6740 174240.00 0.00 0.00 $73,398 i01 12 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History 1 -- l i Year ;Improvements i Land Market !Ag Valuation Appraised 1.11S Cap i Assessed i 2012 N/A N/A N/A N/A N/A N/Ai 12011 $169,371 $78,398 0 247,769 $0 $247,769 s i 2010 $155,230 $76,959 0 232,189 $0 $232,1891 2009 $158,264 $76,959 0 235,223 $0 $235,223 2008 $158,264 $76,959 0 235,223 $18,756 $216,467 2007 $151,435 $59,515 0 210,950 $14,162 $196,788 Deed History-(Last 3 Deed Transactions) #;Deed Date i Type :Description Grantor ;Grantee ;Volume 1 Page 1 7/8/198512:00:00 AM OT OTHER BRADEN MARIANN 742 831 Questions Please Call(830)303-3313 Website version:1.2.2.2 Database last updated on:9/7/2011 8:28 ©2011 True Automation,Inc.All Rights PM Reserved.Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63366 9/14/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated S9)4earilDQr 1, 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and N o,-4-han G p.,3gC ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule : unicip. ' in Landowner: Guadalupe Co . ty, Tex. . By: —')/0/1- C' .GL7&f-d,-)0 BY,:// 1 I' nA X,Acting C .olo ' Manager Or Address: ,LQ Cl (p 0 4.-IA e,c els.v 1 I ie. R.LL '4 tidal iAnderson, _' Planner / City: Citilto State/Zip: 1 € X,/c s f 10 Date: ,SP.7e9-Z / 7D/ / Date: p ao I I City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63365 GROBE NATHAN A SR for Year 2011 Property Account Property ID: 63365 Legal Description:ABS 134 SUR:JOSE FLORES 30.3260 AC. Geographic ID: 2G0134-0000-03700-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Masco: WF077 Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-5 Neighborhood CD: CCES - Owner Name: GROBE NATHAN A SR Owner ID: 51444 Mailing Address: 2960 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: r.Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $5,344 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $5,950 Ag/Timber Use Value (+)Agricultural Market Valuation: + $175,847 $3,463 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $187,141 (-)Ag or Timber Use Value Reduction:- $172,384 (=)Appraised Value: _ $14,757 (-)HS Cap: - $0 (_)Assessed Value: _ $14,757 ' Taxing Jurisdiction Owner: GROBE NATHAN A SR %Ownership: 100.0000000000% Total Value: $187,141 !Entity�Description Tax Rate A `_ __.____....____-.------.—�__.--------T-,-•-: ppraised Value Taxable Value Estimated Tax • ; CAD APPRAISAL DISTRICT 0.000000 $14,757 $14,757 $0.00 GCO GUADALUPE COUNTY 0.344900 $14,757 $14,757 $50.89 LTR LATERAL ROAD 0.055000 $14,757 $14,757 $8.12 SCS SCHERTZ-CIBOLO-U.C. ISO 1.435000 $14,757 $14,757 $211.76 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $270.77 Taxes w/o Exemptions: $270.78 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63365 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD „ Property Search Results > 63367 GROBE NATHAN A SR &W for Year 2011 Propel — Account Property ID: 63367 Legal Description:ABS: 134 SUR:JOSE FLORES 20.0000 AC. Geographic ID: 2G0134-0000-03800-0-00 Agent Code: Type: Real Location Address: 3150 HAECKERVILLE RD Mapsco: WF076B TX Neighborhood: CIBOLO CRK-EAST-GCO Map ID: P-5 Neighborhood CD: CCES Owner Name: GROBE NATHAN A SR&W Owner ID: 51448 Mailing Address: 2960 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: 'Values --------- -----------------------•--------__-____-•---___, (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $15,896 Ag/Timber Use Value (+)Agricultural Market Valuation: + $112,019 $1,856 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $127,915 (—)Ag or Timber Use Value Reduction:— $110,163 (=)Appraised Value: _ $17,752 (—)HS Cap: — $0 (_)Assessed Value: _ $17,752 Taxing Jurisdiction Owner: GROBE NATHAN A SR&W %Ownership: 100.0000000000% Total Value: $127,915 Entity;Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $17,752 $17,752 $0.00 GCO GUADALUPE COUNTY 0.344900 $17,752 $17,752 $61.22 LTR LATERAL ROAD 0.055000 $17,752 $17,752 $9.76 tiCS SCHERTZ-CIBOLO-U.C. ISO 1.435000 $17,752 $17,752 $254.74 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $325.72 Taxes w/o Exemptions: $325.73 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63367 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63363 GROBE NATHAN A for Year 2011 Property Account Property ID: 63363 Legal Description:ABS: 134 SUR:JOSE FLORES 25.3920 AC. Geographic ID: 2G0134-0000-03600-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Masco: WF076A Neighborhood: CIBOLO CRK EAST-GCO Map ID: P-5 Neighborhood CD: CCES Owner Name: GROBE NATHAN A Owner ID: 51442 Mailing Address: 2960 HAECKERVILLE RD%Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values(+)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: + $149,706 $3,127 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $150,206 (—)Ag or Timber Use Value Reduction: — $146,579 (=)Appraised Value: _ $3,627 (—)HS Cap: — $0 (_)Assessed Value: _ $3,627 Taxing Jurisdiction Owner. GROBE NATHAN A %Ownership: 100.0000000000% Total Value: $150,206 Entity Description `Tax Rate Appraised Value`. Taxable Value;Estimated Taxi CAD APPRAISAL DISTRICT 0.000000 $3,627 $3,627 $0.00 GCO GUADALUPE COUNTY 0.344900 $3,627 $3,627 $12.51 LTR LATERAL ROAD 0.055000 $3,627 $3,627 $1.99 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 —• _.___— $3,627 $3,627 $52.05 • Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $66.55 Taxes w/o Exemptions: --- $66.55 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63363 8/3/2011 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 1)--)a.4-\19 e - b enbeitiaktivappeared in person before me today and stated under oath: "My name is K t ' i 0! T? Ilam 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 (Q?) Q51( 0330-i) (.Q 3360 Said property is appraised for ad valorem tax purposes under the Texas Tax Code (9 3cU(o for i 1 \Qh Lp `��' ` q � gcod. purposes." "Further,my property is currently being used for the following uses: T: 1,\CLU( 4N L) 11 l l i l 1i (12 DLk I e . :a , .y Ck • f\kprov-00 �r m r. � � � ' I J st a al &robe_ , , Signed:`�'l�f4-- �t A o5:fr Printed Name: K� ' R08& I #Gke—t* SIGNED under oath before me on 0 la r , 2011. :M MAGGIE LYNNE PATTERSON�''•:�' Notary Publi ,State of Texas J\Tia A i° �., MyCommission Expiresy'±:•!•„,' Docemper 22, 201a Notary Public ate of T)iiiv(vo__Ptilaysern STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I, NATHAN GROBE, of 2960 Hackerville Road, Cibolo, Guadalupe County, Texas, appoint KATHY TACKETT of 2960 Hackerville Road, Cibolo, Guadalupe County, Texas, as my agent to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below. TO WITHHOLD A POWER,YOU MUST CROSS OUT EACH POWER WITHHELD. Real property transactions; Tangible personal property transactions; Stock and bond transactions; Commodity and option transactions; Banking and other financial institution transactions; Business operating transactions; Insurance and annuity transactions; Estate, trust, and other beneficiary transactions; Claims and litigation; Personal and family maintenance; Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service; Retirement plan transactions; Tax matters. IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT. UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney is effective immediately and is not affected by my subsequent disability or incapacity. I agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor[s] to that agent: MARIANNA BRADEN Signed on November 24, 2009. . •5 NATHAN GROBE THE STATE OF TEXAS COUNTY OF BEXAR This document was acknowledged before me on0,,WirYnJ, CI , 2009, by NATHAN GROBE. RITA DeL TORO ,4,44_11 (Votary */= PUbifo- State of Texas• ' d LQ C; may " `(•' 1,4Ccointssion 0442/13. Notary Public, State of Texas THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. PREPARED IN THE OFFICE OF: , Thomas W. Howe 1001 Pat Booker,#200 Universal City, TX 78148 v CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AREMET ao This DEVELOPMENT AGREEMENT ("Agreement"), dated !!• "Effective Date"); made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality Ui lilocated,/ n in Guadalupe County, Texas ("City"), and A-rq �/ EO e ie(7C,/ S Q�Ii Cf" eu oe 1:+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 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. i� of Ctooia Page of TLGC§43 035 Development Agreement • M1 . 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 Cin'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. Cit of Cibolc Page 3 of 4 TLGC 643 035 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: c Guadalupe County,Texas By: 01-4,30H(G , ��- -0 - t Bruce Pearson, Cibolo City Manager or Address: o� 5/ �e(C/ 69i)t Nancy McBeth, Cibolo Community Development DirectorCity: d; ) . h< State/Zip: /sari 7g/oE Date: C� (� Date: June a 00 • 6? A / City of Cibolo Page 4 o;4 TLGC§43 035 Development Agreement Uuacralupe LAD-Property Details http://propacc s. ueautomatlon.com/C11entDB/Property.aspx?cid= ck Guadalupe CAD Property Search Results > 69589 CIELENCKI FREAD E JR & CATHERINE P ADOOMY14411213P9 Property Account Property ID 69589 Legal Description: ABS: 271 SUR: F RODRIGUEZ 18.3560 AC. Geographic ID' 2G0271-0000-04210-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID' P-5 Neighborhood CD' Owner Name: CIELENCKI FREAD E JR&CATHERINE P ADOLF Owner ID: 57126 Mailing Address: 251 FREAD LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+) Improvement Homesite Value: + $0 (+) Improvement Non-Homesite Value: + $0 (+) Land Homesite Value: + $0 (+) Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural-Market-Valuation: + $146;638 - $2;919 (+)Timber Market Valuation: + $0 $0 (=) Market Value: _ $146,638 (—)Ag or Timber Use Value Reduction: — $143,719 (=)Appraised Value: _ $2,919 (—) HS Cap: — $0 (_)Assessed Value: _ $2,919 Taxing Jurisdiction Owner CIELENCKI FREAD E JR&CATHERINE P ADOLF %Ownership: 100.0000000000% Total Value: $146,638 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $2,919 $2,919 $0.00 GCO GUADALUPE COUNTY 0.329500 $2,919 $2,919 $9.62 LTR LATERAL ROAD 0.060000 $2,919 $2,919 $1 75 SCS SCHEKIL-CIBOLO-U.0 ISD 1.385000 $2,919 $2,919 $40.43 Total Tax Rate: 1 774500 Taxes w/Current Exemptions: $51.80 Taxes w/o Exemptions: $51.80 Improvement/Building No improvement exist for this property _rte • L7uaoaiupe UAL) - K7operty uetalls nttp://propaccess.trueautomatlon.com/UlentDts/Proper • Guadalupe CAD Property Search Results>69587 CIELENCKI FREAD E JR&CATHERINE P ADOLF for Year 2009 Property Account Property ID: 69587 Legal Description:ABS:271 SUR:F RODRIGUEZ 1981 REDMAN 14X64 BRWN TEX#164850 1.0000 AC. Geographic ID: 200271-0000-04200-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: CIELENCKI FREAD E JR&CATHERINE P ADOLF Owner ID: 57126 Mailing Address: 251 FREAD LANE %Ownership: 100.0000000000° CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $10,887 (+)Improvement Non-Homesite Value:+ $0 (+)Land Homesite Value: + $29,235 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $40,122 (—)Ag or Timber Use Value Reduction:— $0 (_)Appraised Value: _ $40,122 (—)HS Cap: — $0 (=)Assessed Value: _ $40,122 Taxing Jurisdiction Owner: CIELENCKI FREAD E JR&CATHERINE P ADOLF %Ownership: 100.0000000000% Total Value: $40,122 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $40,122 $40,122 $0.00 GCO GUADALUPE COUNTY 0.329500 $40,122 $35,122 $115.73 LTR LATERAL ROAD 0.060000 $40,122 $32,122 $1927 SCS SCHERTZ-CIBOLO-U.C.ISD 1.385000 $40,122 $25,122 $347.94 Total Tax Rate: 1.774500 Taxes w/Current Exemptions: $482.94 Taxes w/o Exemptions: $711.96 Improvement!Building Improvement#1: MOBILE HOMES State Code: A2 Living Area: 893.0 sgft Value: $10.887 Type Description Class CD Exterior Wall Year Built SQFT MH MOBILE HONE FSM 1981 896.0 CP COV PORCH 2000 253.0 AT ATTACHMENT ATI 1.0 Land # Type Description Acres Stift Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $24,235 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $5,000 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised H5 Cap Assessed 2009 $10,887 $29,235 0 40,122 $0 $40,122 2008 $10,887 $29,235 0 40.122 $0 $40,122 1 of 2 6/5/2009 4:0S Guadalupe CAD-Property Details http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_ Guadalupe CAD Property Search Results>69558 ADOLF CATHERINE for Year 2009 rT Property EXHIBI a A Account Property ID: 69588 Legal Description:SNI SCAR193267646097A;S112 SCAR1932876460976;SN3 1994 28X76 TAN:LABEL#ARK0043529 I ARK0043530 TITLE#00115272 PERSONAL Geographic ID. 260271-0000-04200.5-95 Agent Code: Type: Mobile Hone Location Address: HAECKEERVILLE RD Mapscc' Neighborhood: Map ID: P-5 Neighborhood CD: Owner Nacre: ADOLF CATHERINE Gaper ID' 57127 Mailing Address: 251 FREAD LN %Ownership: 100.0000000000% CI BOLO,TX 78108 Exemptions: HS Values (+)Improvement liomesite Value: + 521.684 (+)Improvement Non-Hornesite Value: + $0 (+)Land Ramesite Value: + $0 (+)Land Noe-Homesite Value: + SO Ag/Tinter Use Value (+)Agricultural Market Valuation: + $0 SO (+)Timber Markel Valuation: + $0 so (_)Markel Value: _ $21.684 (—)Ag or Timber Use Value Reduction:— 50 (_)Appraised Value: = S21,684 I—)FIS Cap: — SO (_)Assessed Value: _ $21,684 Taxing Jurisdiction Ovner. ADOLF CATHERINE %Ownership:100.0000000000% Total Value: $21,684 Entity i Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 521,684 $21,684 50.00 GCO GUADALUPE COUNTY 0.329500 521.684 316,684 554.97 LTP. LATERAL ROAD 0.060000 $21,684 S13,684 58.21 SCS SCI-EIiTLCIBOLO.U.C.ISO 1.385000 021884 $6,684 $92.57 Total Tax Rate: 1.774500 Taxes v./Current Exemptions: 5155.76 Taxes w/o 6errptions: $384.78 Improvement/Building Improvement 01: MOBILE HOMES State Code: M1 Living Area: 2128.0 scifl Value: $21.684 Type Description Class CD Exterior Wall Year Built SOFT MN MOBILE HOME FDM 2128.0 AT ATTACHMENT AT1 1.0 Land No land segments east for this property Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2009 $21,684 SO 0 21.684 SO 021884 2008 $21,684 SO 0 21,664 SO $21,684 2007 $21,684 50 0 21,684 SO $21,684 2006 921.584 00 0 21,684 50 021.684 2005 021.684 30 0 21,684 50 $21,684 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Questions Please Call(830)303-3313 Website sers+on:1.2.2.2 Database last updated on'4/28/2009 8:39 PM ©2009 True Automation.Inc.Al Fights Reserved.Privacy Notice This site only supports Internet Explorer 6+ Netscape 7+and Firetox 1.5. Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses GLAgriop4-aoci C,Erg/7C/Cr Jr appeared in person before me today and stated under oath: "My name is aitleCfne �,.PCIC1 e 1Cti Jr. I am competent to make this affidavit. The facts stated in this affidavit are within my personal©o knowledge and�DDtrue and cores .D I am the owner of the property located at A,--7/ c� _ 0 ©®t — `'�,-D.0 ._ B227/ — opo© - 2-s9e9—' —`0= Said property is appraised for ad valorem tax purposes under the Texas Tax Code for ` f .urposes." I "Further, my property is currently being used for the following uses: s O .i _L� — ."-d_ y/> — pG 1 7_/ Ji .-// --- 4 � moi• 46. _". ' , Signed: (Ida 14lr' Lii-C4:4 a Printed Name:�-E.>rli ✓�7/7 C.�f.., SIGNED under oath before me on ,/L 6:-- , 2009. l laci.N.1SHEIIA M.EDMONDSON �-. /• MY COMMISSION EXPIRES,' ,lanes 2012 ;, Not. 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 w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Guadalupe CAD -Property Details Page 1 of 2 . Guadalupe CAD Property Search Results > 69661 CIELENCKI FREAD E JR for Year 2011 Property Account Property ID- 69661 Legal Description:ABS:271 SUR: F RODRIGUEZ 1.25 AC. Geographic ID: 2G0271-0000-08910-0-00 Agent Code: Type: Real Location Address: 4967 LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: CIELENCKI FREAD E JR Owner ID: 54604 Mailing Address: 251 FREAD LANE %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $27,376 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $27,376 (—)Ag or Timber Use Value Reduction:— $0 (_)Appraised Value: _ $27,376 (—)HS Cap: — $0 (_)Assessed Value: _ $27,376 Taxing Jurisdiction Owner: CIELENCKI FREAD E JR %Ownership: 100.0000000000% Total Value: $27,376 Entity Description Tax Rate'Appraised Value. Taxable Value Estimated Tax' CAD APPRAISAL DISTRICT 0.000000 $27,376 $27,376 $0.00 GCO GUADALUPE COUNTY 0.344900 $27,376 $27,376 $94.42 'LTR LATERAL ROAD 0.055000 $27,376 $27,376 $15.06 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $27,376 $27,376 $392.85 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $502.33 Taxes w/o Exemptions: $502.32 Improvement l Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69661 9/14/2011 Guadalupe CAD -Property Details Page 2 of 2 No improvements exist for this property. Land . _. # 1 Type ;Description i Acres I Sqft ;Eff Front !Eff Depth Market Value .Prod.Value 1 G29 G29 1.2500 54450.00 0.00 0.00 $27,376 $0; Roll Value History Year ;Improvements ;Land Market ;Ag Valuation Appraised j HS Cap ;Assessed i 2012 N/A N/A N/A N/A N/A N/A 2011 $0 $27,376 0 27,376 $0 $27,376 2010 $0 $26,764 0 26,764 $0 $26,764 12009 $0 $26,764 0 26,764 $0 $26,764' I 12008 $0 $26,764 0 26,764 $0 $267641 2007 $0 $20,276 0 20,276 $0 $20,276j Deed History-(Last 3 Deed Transactions) 1 #,Deed Date ;Type 'Description .Grantor i Grantee t Volume !Page , 1 10/25/2010 12:00:00 AM ---WD WARRANTY DEED RAPPMUND TERIT CIELENCKI FREAD 2929 741 12 1/26/2000 12:00:00 AM OT OTHER RAPPMUND TER R` 461 0218 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:9/7/2011 8:28 ©2011 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69661 9/14/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 9_ 1 4 I ' , 2011 ("Effective Date"), made by and between the CITY OF CIBOLO,TEXAS, a he - e mcipality located in Guadalupe County, Texas ("City"), and • 4 • -u (Q aQQ1� ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23,Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any typeof development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas By: cN\ By: Gary Cox,Acting Cibolo City Manager or Address: 9. Randal Anderson, City Planner City: 143 State/Zip: /7X g 1 C) �{ Date: Date: q- 4- I ` City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement f Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses }civkei1\-e Q 'S-2 appeared in person before me today and stated under oath: "My name is ‘NN.S`Q.-� , . 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)33I Said property is appraised for ad valorem tax purposes under the Texas Tax Code for aly-i•CiWL9Jrca. purposes." "Further, my property is currently being used for the following uses: i e 4 -14e tl�k ', Signed: 4.d).,6_ Printed Name: \ `,C t �� (%1 es SIGNED under oath before me on St2plenk bQY ) , 2011. a„un,,. i��pP4i1 SON NotGGIE ary PubYNNSta eE rofR exxas JDNalli;,�(� My Commission Expires 0 46 4,11,2 °'” December 22, 2014 ••••�°a���•' Notary Pubt State of xas Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63318 HAESE KEVIN & MICHELLE for Year 2011 Property Account Property ID. 63318 Legal Description: ABS: 134 SUR:JOSE FLORES 0.5000 AC. Geographic ID: 260134-0000-00721-0-00 Agent Code: Type: Real Location Address: 235 BREHM LN Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: HAESE KEVIN&MICHELLE Owner ID: 51388 Mailing Address: 235 BREHM LN %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $160,842 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $9,820 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $170,662 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $170,662 (—)HS Cap: — $0 (_)Assessed Value: _ $170,662 Taxing Jurisdiction Owner: HAESE KEVIN&MICHELLE %Ownership: 100.0000000000% Total Value: $170,662 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2011 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a he a rule m cipality 1oc ted in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time,Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement 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 ("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 m ipality in Landowner: Guadalupe County, Texas By: By /_ .. t /Cox,Acting Cibo o City Manager or Address: I y C- • .dal Anderson, City Planner City: State/Zip: 72g11-1 Date: 9/9/ / Date: /9 / 1 / City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 1 N'nt appeared in person before me today and stated under oath: "My name is -3 0 '.,vvx---c{-4 . I am competent to make this affidavit. The facts stated in this affidavit are within my personal no ledge and are true and co ect. � G /- moi - a c-C./€ ;;1 I am the owner of the property located at (O 3$-f iii �j )aJ`. (0Q (0SjW (g35� r (�,�'1 q Said property is appraised for ad v orem tax purposes under the Teas ax Code _locos-7 for Q H C�e1 C I re�, O 2.r�Q i oses." oc u S !l!/co 5 p� U35 -I s "Further, y property is currently being used for the following e-2-112�15C1 uses: Q. �'-e s . 1( \ &----: l� 0 I ( a c sr 4-e S se - ,.t p arW ry,0,7 ige Com—S c_--c-ed, Lc.) 4),2)`f l/ , D (64I 3 41' S ct5-t5 -ad) Signed: e ,/ r / /` Printed Name: ,s_17 -' (9 E f (V (1-4---2 d SIGNED under oath before me on 3E yicroOer- q , 2011. Let "'°;:'' BETH ANMIRELES I L �Il IAA A 'r°' ''� Notary Public,State of Texas Notary Public, State of Texas ;r.,,, =.i. My Commission Expires °��;n,oo Dec.omber 22, 2014 Guadalupe CAD -Property Details Page 1 of 2 klizzammmizm Guadalupe CAD Property Search Results > 121033 REINHARDT JOE C &MARY F for Year 2011 Property Account Property ID: 121033 Legal Description:ABS:271 SUR: F RODRIGUEZ 11.600 AC. Geographic ID• 2G0271-0000-08255-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&MARY F Owner ID: 51580 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 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: + $43,878 $1,868 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $43,878 (-)Ag or Timber Use Value Reduction:— $42,010 (=)Appraised Value: _ $1,868 (—)HS Cap: — $0 (_)Assessed Value: _ $1,868 Taxing Jurisdiction Owner. REINHARDT JOE C&MARY F %Ownership: 100.0000000000% Total Value: $43,878 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax, CAD APPRAISAL DISTRICT 0.000000 $1,868 $1,868 $0.00 GCO GUADALUPE COUNTY 0.344900 $1,868 $1,868 $6.44 LTR LATERAL ROAD 0.055000 $1,868 $1,868 $1.03 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $1,868 $1,868 $26.81 Total Tax Rate: 1 834900 Taxes w/Current Exemptions: $34.28 Taxes w/o Exemptions: $34.28 Improvement 1 Building http://propaccess.trueautomation.coin/ClientDB/Property.aspx?prop_id=121033 8/5/2011 tivadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 125980 REINHARDT JOE C & MARY F for Year 2011 Property Account Property ID- 125980 Legal Description: ABS:271 SUR: F RODRIGUEZ 5.b0 AC. Geographic ID: 2G0271-0000-08285-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE Mapsco: TX Neighborhood: Map ID. P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&MARY F Owner ID: 51580 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 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: + $75,233 $805 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $75,233 (—)Ag or Timber Use Value Reduction:— $74,428 (_)Appraised Value: _ $805 (—)HS Cap: — $0 (=)Assessed Value: _ $805 Taxing Jurisdiction Owner: REINHARDT JOE C&MARY F %Ownership: 100.0000000000% Total Value: $75,233 Entity Description :Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $805 $805 $0.00 GCO GUADALUPE COUNTY 0.344900 $805 $805 $2.77 LTR LATERAL ROAD 0.055000 $805 $805 $0.44 SCS SCHERTZ-CIBOLO-U C. ISD 1.435000 $805 $805 $11.55 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $14.76 Taxes w/o Exemptions: $14.77 Improvement%Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=125980 8/5/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63543 REINHARDT JOE C & MARY F for Year 2011 Property Account Property ID: 63543 Legal Description:ABS: 134 SUR:JOSE FLORES 5.5650 AC. Geographic ID: 2G0134-0000-11720-0-00 Agent Code: Type: Real Location _ . Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&MARY F Owner ID: 51580 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 Exemptions: rValues (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $7,684 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $0 Ag/Timber Use Value (+)Agricultural Market Valuation: $21,050 $401 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $28,734 (—)Ag or Timber Use Value Reduction:— $20,649 (=)Appraised Value: = $8,085 (—)HS Cap: $0 (=)Assessed Value: = $8,085 taxing Jurisdiction Owner: REINHARDT JOE C&MARY F %Ownership: 100.0000000000% Total Value: $28,734 Entity;Description Tax Rate<Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $8,085 $8,085 $0.00 GC0 GUADALUPE COUNTY 0.344900 $8,085 $8,085 $27.88 LTR LATERAL ROAD 0.055000 $8,085 $8,085 $445 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $8,085 $8,085 $116.02 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $148.35 • Taxes w/o Exemptions: $148.35 Improvement/Building _ -- http://propaccess.traeautomation..com/clientdb/Property.aspx?prop_id=63543 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69638 REINHARDT JOE C & MARY F for Year 2011 Property Account Property ID: 69638 Legal Description:ABS:271 SUR:F RODRIGUEZ 0.9540 AC. Geographic ID: 2G0271-0000-08120-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD Owner Name: REINHARDT JOE C&MARY F Owner ID: 51580 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 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: + $3,609 $69 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $3,609 (–)Ag or Timber Use Value Reduction:– $3,540 (_)Appraised Value: _ $69 (–) HS Cap: – $0 (=)Assessed Value: _ $69 Taxing Jurisdiction Owner: REINHARDT JOE C&MARY F %Ownership: 100.0000000000% Total Value: $3,609 Entity!Description :Tax Rate'AppraisedeVe.—` tY; p� Value; Taxable Value;Estimated Taxi,. CAD APPRAISAL DISTRICT 0.000000 $69 $69 $0.00 • GCO GUADALUPE COUNTY 0.344900 $69 $69 $0.24 • LTR LATERAL ROAD 0.055000 $69 $69 $0.04 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $69 $69 $0.99 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $1.27 Taxes w/o Exemptions: $1.27 Improvement/Building http://propaccess.trueautomation.com/ciientdb/Property.aspx?prop_id=69638 8/1/2011 Guadalupe CAD -Property Details Page 1 of 2 • Guadalupe CAD Property Search Results > 63542 REINHARDT JOE C JR & CAROL for Year 2011 Property .. _ -• - _ .______________ Account Property ID: 63542 Legal Description:ABS: 134 SUR:JOSE FLORES 2.3280 AC. Geographic ID: 2G0134-0000-11710-0-00 Agent Code: Type: Real Location Address: 2951 HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C JR&CAROL Owner ID: 51579 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 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: $18,062 $375 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $18,062 (–)Ag or Timber Use Value Reduction:– $17,687 (=)Appraised Value: = $375 (–)HS Cap: $0 (=)Assessed Value: = $375 Taxing Jurisdiction Owner: REINHARDT JOE C JR&CAROL %Ownership: 100.0000000000% Total Value: $18,062 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $375 $375 $0.00 •— GCO GUADALUPE COUNTY 0.3,44900 $375 $375 $1.29 LTR LATERAL ROAD 0.055000 $375 $375 'SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $375 $375 $5.38 ' Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $6.88 Taxes w/o Exemptions: $6.88 improvement/Building . _ http://propaccess.trueautomad.on.corn/clientdb/Property.aspx?prop_id=63542 8/3/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69644 REINHARDT JOE C JR & CAROL for Year 2011 Property -- - —..._ ._. ...._. Account Property ID: 69644 Legal Description:ABS:271 SUR: F RODRIGUEZ 0.4370 AC. Geographic ID: 2G0271-0000-08220-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood Ca Owner Name: REINHARDT JOE C JR&CAROL Owner ID: 51579 Mailing Address: 142 BROKEN SPUR %Ownership: 100.0000000000% UNIVERSAL CITY,TX 78148 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: + $3,391 $70 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $3,391 (—)Ag or Timber Use Value Reduction:— $3,321 (_)Appraised Value: _ $70 (—)HS Cap: — $0 (=)Assessed Value: _ $70 Taxing Jurisdiction Owner: REINHARDT JOE C JR&CAROL %Ownership: 100.0000000000% Total Value: $3,391 Entity i Description 'Tax Rate Appraised Value; Taxable Value!Estimated Tax ^CAD APPRAISAL DISTRICT 0.000000 $70 $70 $0.00 GCO GUADALUPE COUNTY 0.344900 $70 _ -- $70 $0.24 LTR LATERAL ROAD 0.055000 $70 $70 $0.04 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $70 $70 $1.01 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $1.29 Taxes w/o Exemptions: $1.28 Improvement/Building - — --- http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69644 8/1/2011 • Guadalupe CAD -Property Details Page 1 of 2 • Guadalupe CAD Property Search Results > 112959 REINHARDT JOE C & CAROL L for Year 2011 Property Account Property ID: 112959 Legal Description:ABS: 134 SUR:JOSE FLORES 1.000 AC. Geographic ID: 2G0134-0000-11705-0-00 Agent Code. Type: Real Location Address: 2959 HAECKERVILLE Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood Ca Owner Name: REINHARDT JOE C&CAROL L Owner ID: 51578 Mailing Address: 2959 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: HS Values (+)Improvement Homesite Value: + $213,632 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $12,573 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $226,205 (—)Ag or Timber Use Value Reduction:— $0 (_)Appraised Value: _ $226,205 (—)HS Cap: — $0 (=)Assessed Value: _ $226,205 Taxing Jurisdiction Owner: REINHARDT JOE C&CAROL L %Ownership: 100.0000000000% Total Value: $226,205 Entity'Description I Tax Rate i Appraised Value Taxable Value!Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $226,205 $226,205 $0.00 GCO GUADALUPE COUNTY 0.344900 $226,205 $221,205 $762.93 ;LTR LATERAL ROAD 0.055000 $226,205 $218,205 $120.01 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $226,205 $211,205 $3,030.79 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $3,913.73 Taxes w/o Exemptions: $4,150.64 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=112959 9/14/2011 ' CAD -Property Details Page 2 of 2 . Improvement#1: RESIDENTIAL State Code: El Living Area: 2181�Ooqft Value: $213,632 - - - -- Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 12 2003 21910 CP COV PORCH * 2003 806.5 CP COV PORCH ~ 2005 305 iLamd �#1 /�pm /�em�m�mmn ����� ��°� Eff�ron� ��Depth T�ar�mt�a�e .Prod.Value � | 1 G29 G29 1.0000 43560.00 0.00 0.00 $7,57 _ _ _ _$n 12 UTILUTILITY 0.0000 0.00 0.00 0.00 u5,000 *D' | RoNVab�- Hi- -' __ _.tory ' | __ �-.���� ._1Year !Improvements l Land Market ;Ag Valuation ir Appraised [HS Cap _i_Assessed j | -- - - _ _ �012 N/A N/A N/A N/A N/A 2011 $213,632 $1- ` ---------- -- - -O - - -2---205 $0 ---- - - `--`-- •2O10 $213,632 $12,425 0 226,057 $0 $228057' - ' ---------' ------------ - - ' -------- - - ---- - !2009 $209,480 $12,425 0 221,885 $0 c- - ' ' ----- '- '------'- '- ' '- -- ------' '-' —'' '----'1 2008 $209,460 $U2.425 0 221.885 $16,855 $205.030' |---- -- - --'-'-- - ----- - - - -- ------- ------' --'-----/ !2OO7_ _ $20�413 $16,625 0 211,038 $24,647 *1OO�91� Deed History- L���med ! , -' ----_-� i |# Deed� Date Type� i Descriptioni Grantor 1, , / !Poge , ���� � '� Questions Please Call(830)303-3313 Website version: 1.22.2 Database last updated on:9/7/2011 8:28 @2011True Automation, Inc. Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. • Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63545 REINHARDT JOE C & CAROL L for Year 2011 Property Account Property ID: 63545 Legal Description:ABS: 134 SUR:JOSE FLORES 9.3040 AC. Geographic ID: 2G0134-0000-11740-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&CAROL L Owner ID: 51578 Mailing Address: 2959 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (4-)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $70,463 $1,498 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $70,463 (—)Ag or Timber Use Value Reduction:— $68,965 (=)Appraised Value: _ $1,498 (—)HS Cap: — $0 (_)Assessed Value: _ $1,498 Taxing Jurisdiction Owner. REINHARDT JOE C&CAROL L %Ownership: 100.0000000000% Total Value: $70,463 Entity:Description 'Tax Rate Appraised Value. Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $1,498 $1,498 $0.00 ' GCO GUADALUPE COUNTY 0.344900 $1,498 $1,498 $5.17 LTR LATERAL ROAD 0.055000 $1,498 $1,498 $0.82 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $1,498 $1,498 $21.50 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $27.49 Taxes w/o Exemptions: $27.49 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Proper y.aspx?prop_id=63545 9/14/2011 ' Guadalupe CAD -Property Details Page 2 of 2 • - , Land # !Type ;Description 1 Acres !Sqft ,Eff Front ,Eff Depth ;Market Value Prod.Value 1 D3G TILLABLE GOOD 9.3040 392040.00 0.00 0.00 $70,463 $1,498' ... _ . . _ - Roll Value History Year 'Improvements 'Land Market Ag Valuation Appraised HS Cap Assessed ' - -1 2012 N/A NIA ;TA N/A MI-% AI/A Pl/P1 1,11MI11A . -- -, 2011 $0 $70,463 1,498 1,498 $0 $1,498 2010 $0 $69,082 1,489 1,489 $0 $1,489 [ '2009 $0 $69,082 1- 1,479 1,479 $0 $1,479 i 2008 $0 $69,082 1,451 1,451 $0 $1,451 !2007 $0 $52,335 1,424 1,424 $0 $1,424 .. . Deed History-(Last 3 Deed Transactions) II . # Deed Date ,Type i Description !Grantor Grantee Volume !Page ; ; , 1 8/5/1997 12:00:00 AM OT OTHER REINHARDT JOE C 1338 0849 1 Questions Please Call(830)303-3313 Database last updated on:9/7/2011 8:28 0 2011 True Automation, Inc.All Rights Website version: 1.2.2.2 PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop jd=63545 9/14/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 63541 REINHARDT JOE C & CAROL L for Year 2011 Property Account Property ID: 63541 Legal Description: ABS: 134 SUR:JOSE FLORES 4.9040 AC. Geographic ID: 2G0134-0000-11700-0-00 Agent Code: Type: Real Location Address: 2959 HAECKERVILLE RD Mapsco: CIBOLO,TX 78108 Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&CAROL L Owner ID: 51578 Mailing Address: 2959 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $37,140 $523 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $37,140 (—)Ag or Timber Use Value Reduction:— $36,617 (=)Appraised Value: _ $523 (—)HS Cap: — $0 (=)Assessed Value: _ $523 Taxing Jurisdiction Owner: REINHARDT JOE C&CAROL L %Ownership: 100.0000000000% Total Value: $37,140 Entity Description ;Tax Rate!Appraised Value; Taxable Value!Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $523 $523 $0.00 GCO GUADALUPE COUNTY 0.344900 $523 $523 $1.81 LTR LATERAL ROAD 0.055000 $523 $523 $0.29 SCS SCHERTZ-CIBOLO-U.C.ISO 1.435000 $523 $523 $7.51 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $9.61 Taxes w/o Exemptions: $9.60 ' Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63541 9/14/2011 ' Guadalupe CAD -Property Details Page 2 of 2 No improvements exist for this property. Land !# ,Type ,Description !ACres !Stitt Eff Front !Eff Depth Market! Value Prod Value Value !1 D3G TILLABLE GOOD 1.9040 43560.00 0.00 0.00 $14,420 $307 $22,720 $216 2 D5G NATIVE GOOD 3.0000 130680.00 0.00 0.00 . Roll Value History - - - !Year 'Improvements !Land Market 1 Ag Valuation I Appraised !HS Cap !Assessed j 12012 ' N/A N/A N/A N/A N/A N/A: -1 I 2011 $0 $37,140 523 523 $0 $523 i I- 12010 $0 $36,412 515 515 $0 $515 i! I 2009 $0 $36,412 498 498 $0 $4981 12008 $0 $36,412 474 474 $0 $474 i H I i 2007 $0 $27,585 447 447 $0 $447] ! Deed History-(Last 3 Deed Transactions) , : -,--- , r- r 1 I#'Deed Date ;Type ;Description :Grantor !Grantee .Volume 'Page ' 1 7/28/1997 12:00:00 AM OT OTHER REINHARDT JOE C 1285 0774 1 ; Questions Please Call(830)303-3313 Database last updated on:9/7/2011 8:28 0 2011 True Automation, Inc.All Rights Website version: 1.2.2.2 PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.tmeautomation.com/clientdb/Property.aspx?prop_id=63541 9/14/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results> 69637 REINHARDT JOE C & CAROL L for Year 2011 Property Account Property ID: 69637 Legal Description:ABS:271 SUR:F RODRIGUEZ 0.3500 AC. Geographic ID: 2G0271-0000-08110-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&CAROL L Owner ID• 51578 Mailing Address: 2959 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $2,651 $56 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $2,651 (—)Ag or Timber Use Value Reduction:— $2,595 (=)Appraised Value: _ $56 (—)HS Cap: — $0 (_)Assessed Value: _ $56 Taxing Jurisdiction Owner: REINHARDT JOE C&CAROL L %Ownership: 100.0000000000% Total Value: $2,651 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $56 $56 $0.00 GCO GUADALUPE COUNTY 0.344900 $56 $56 $0.19 LTR LATERAL ROAD 0.055000 $56 $56 $0.03 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $56 $56 $0.80 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $1.02 Taxes w/o Exemptions: $1.03 Improvement%Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69637 9/14/2011 Guadalupe CAD -Property Details Page 2 of 2 No improvements exist for this property. Land # Type !Description Acres Sqft 'Eff Front i Eff Depth ,Market Value :Prod.Value i 1 D3G TILLABLE GOOD 0.3500 0.00 0.00 0.00 $2,651 $56 -- Roll Value History [Year [Improvements Land Market I Ag Valuation I Appraised i HS Cap ;Assessed I 2012 N/A N/A N/A N/A N/A N/A 2011 $0 $2651 56 56 $0 $561 12010 $0 $2,599 56 56 $0 $56J ._.., [2009 $0 $2,599 56 56 $O $56[ 12-008 $0 $2,599 55 55 $0 $55! 12007 $0 $1,968 54 54 $0 $54 Ii Deed History-(Last 3 Deed Transactions) i 1 I !#1 Deed Date , 1 Type 1 Description i Grantor ;Grantee [Volume [Page i --J- , I 1 8/5/1997 12:00:00 AM OT OTHER REINHARDT JOE C 1338 0843 1' I Questions Please Call(830)303-3313 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights Website version: 1.2.2.2 PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop id=69637 9/14/2011 Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69645 REINHARDT JOE C & CAROL L for Year 2011 Property Account Property ID: 69645 Legal Description:ABS:271 SUR: F RODRIGUEZ 0.8930 AC. Geographic ID: 2G0271-0000-08230-0-00 Agent Code: Type: Real Location Address: HAECKERVILLE RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: REINHARDT JOE C&CAROL L Owner ID: 51578 Mailing Address: 2959 HAECKERVILLE RD %Ownership: 100.0000000000% CIBOLO,TX 78108 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $6,763 $144 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $6,763 (—)Ag or limber Use Value Reduction:— $6,619 (_)Appraised Value: _ $144 (—)HS Cap: — $0 (=)Assessed Value: _ $144 Taxing Jurisdiction Owner: REINHARDT JOE C&CAROL L %Ownership: 100.0000000000% Total Value: $6,763 Entity'Description Tax Rate Appraised Value Taxable Value;Estimated Tax' CAD APPRAISAL DISTRICT 0.000000 $144 $144 $0.00 GCO GUADALUPE COUNTY 0.344900 $144 $144 $0.49 LTR LATERAL ROAD 0.055000 $144 $144 $0.08 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $144 $144 $2.07 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $2.64 Taxes w/o Exemptions: $2.64 Improvement/Building - i http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69645 9/14/2011 Guadalupe CAD -Property Details Page 2 of 2 i . .. No improvements exist for this property. Land • - : - - - I # !Type ;Description ;Acres 1 Sqft Eff Front ;Eff Depth ;Market Value Prod.Value . i 1 D3G TILLABLE GOOD 0.5600 0.00 0.00 0.00 $4,241 $90 12 D3G TILLABLE GOOD 0.3330 0.00 0.00 0.00 $2,522 $54 . _ Roll Value History i 1Year 'Improvements i Land Market ;Ag Valuation I Appraised ,HS Cap I Assessed • 1 4 2012 N/A N/A N/A N/A N/A N/A1 2011 $0 $6,763 144 144 $0 $1441 2010 $0 $6,631 143 143 $0 $1431 12009 $0 $6,631 142 142 $0 $1421 12008 $0 $6,631 139 139 $0 $139.1 137 137 $0 $137 i Deed History-(Last 3 Deed Transactions) ) #;Deed Date Type Description [Grantor i Grantee 1 Volume Page , 11 8/5/1997 12:00:00 AM OT OTHER REINHARDT JOE C 1338 0843 Questions Please Call(830)303-3313 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights Website version: 1.2.2.2 PM Reserved.Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=69645 9/14/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated =r+b ‘D, 2011 ("Effective Date"),made by and between the CITY OF CIBOLO,TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and S&L&niA WI <Ll erns LP E G L ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this at eement 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 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 ("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 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 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 s EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule munici• . o• Landowner: Guadalupe Aty, Texas ii&-d .: ; B y/. --' By Vd-tvii,C(.... tom. Cox,Acting Cibolo Ci v anger or Address: 3/.5 /4-ut_1 lq-0 6 ti u ' . •dal Anderson, City Planner City: -n! AD N o State/Zip: TX -7 7 tea- 0 Date: 9/%2/// Date: S 2j2 I--el-'l bey- 6 / '-O it City of Cibolo Page 4 of 4 TGC§43.035 Development Agreement ,.t EXHIBIT B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses Selena Bell is the owners of the property identified as Guadalupe County Appraisal District Parcel 63559. Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Agricultural purposes." "Further, this property is currently being used for the following uses: Agricultural. Said property owners did not personally appear to execute this Non-Annexation Agreement but did affirm their consent verbally by phone to the City Planner of the City of Cibolo. Since the owner of this property is eligible under Texas Tax Credit Code to be offered a Non-Annexation Agreement, the City of Cibolo bestows this Non-Annexation Agreement on said properties identified by Guadalupe County Appraisal District as Tax Parcel # 63559, as shown attached hereto as Exhibit A, a Non- Annexation Agreement in lieu of the immediate annexation of this property. The term of the Non- Annexation Agreement shall run to October 25, 2019 for both parcels, unless the owner or his assigns chose to terminate the agreement, as stipulated in the terms of the agreement. " Signed: Printed Name: Randal Anderson, City Planner • MapPrint Page 1 of 1 f Guadalupe CAD Property Search Results > Property ID 63559 BELL SELENA A for Year 2011 70,1 s Map Image Legend i , 4 '''� :1 '>, y,,FyetyP iia C _ ! 3 d Via, i dynPropa }� ''''''O''''''''' _ ' 1, i7 ; `+-;: :) 5 4 S S- 3�t5` C '� ,, ��'v ZioniHJg1 li'ghtLayer 3 I £ ,['✓ _ .2 Y {` h A- y,✓ x-- S'^ Z '5T 3487 ' -'XY ". vf l�ilr ad i i 3 a 4 x school- [t ff - - > n^e-�' 3ty2- Y>'` ,> >5 �r -� E Abstracts 1111 E k - r '3'�-Jy ' Exports .Y - - ., 'Tz -.y,r ',, -- • • Parcels 83559 = Parcels Poly j Y ' 'r,,''' MSTICTI IS>e f >.; - 3 J.v.; 3 ',i,z,-,•-• , - Streets .I • • .._ ( u azti...: > - 4$15 1 I SR F iY' • _ L' 3 b5e.t 4;,:"5";--r"-:'%3-•".' f, z. Z - r.A ro .. '-.›... 53 )3,--, o -,':::.•'4'3'6,:'•''-''' ri t £ =Property Details Account .._._____ _...____ — _. . __._._,_ I Property ID: 63559 Geo.ID• 2G0134-0000-12300-0-00 Type: Real Legal Description: ABS: 134 SUR:JOSE FLORES 2.5100 AC Location Address: IH 10 TX Neighborhood: IH 10 WEST E Mapsco: j Jurisdictions: CAD,CCI,GCO, LTR, MAS Owner Name: BELL SELENA A Address: 315 HUB AVE l SAN ANTONIO,TX 78220 Property Appraised Value: $404 Website version: 1.2.2.0 Database last updated on:9/7/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/MapPrint.aspx?cid=2&searchType=PROP ID... 9/12/2011 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TENAS, home e•municipality located in Guadalupe County, Texas ("City"), and o r'1 Q 1'1 ("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 map gement use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo,said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23,Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan,plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule municipality in Landowner: Guadalupe County, Texas j /j / By: 93('11-5t/ KFS H nv 1- By: 'OX,Acting Cibolo City •a or Address: J 2n C KCk1ER v E . . dal Anderson, City Planner City: FKy IM® 1- State/Zip: CIN \\ 3 Date: eg/// Date: Alc4u6),cd glIC, fil 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 SOM KANSAL AND SUKESH KANSEL are the owners of the property identified as Guadalupe County Appraisal District Parcels 69636 and 69635. Said properties are appraised for ad valorem tax purposes under the Texas Tax Code for Agricultural purposes." "Further, this property is currently being used for the following uses: Agricultural. Said property owners did not personally appear to execute this Non-Annexation Agreement but did affirm their consent verbally by phone to the City Planner of the City of Cibolo. since the owners of this property were eligible under Texas Tax Credit Code to be offered a Non-Annexation Agreement, the City of Cibolo bestows this Non-Annexation Agreement on said properties identified by Guadalupe County Appraisal District as Tax Parcels#69636 and 69635, as shown attached hereto as Exhibit A, a Non-Annexation Agreement in lieu of the immediate annexation of this property. The term of the Non-Annexation Agreement shall run to October 25, 2019 for both parcels, unless the owner or his assigns chose to terminate the agreement, as stipulated in the terms of the agreement. " Signed: Printed Name: Randal Anderson, City Planner • MapPrint Page 1 of 1 Guadalupe CAD Property Search Results > Property ID 69636 KANSAL SOM &SUKESH for Year 2011 /,) Map Image Legend ,I -iapf o?' _ ., dynFieId5PROP_JD /i ^62 - - .89635 0❑ dynPr*party i i x69,6 ?# ''',"'s14, 9,q6: ),,,g 7 - }E +'iflr3741, PrcpH3gJilight (i e i i: n County 3 0� - D't� r�5e9L° — - _-,_7_ . Exports i 1 skiilParcels 1 1 :::: ° _ _ s` _ `z` �' `�^. '`::.�.e` Wit.��`y _ Il' 3 69539:-•:.12;":•:Z,' ,,,z.,,.,.,;;,1 M;"% � s fi I , Fuh 6:153,? x.. t s,0 z::'<; y ,,,,,,��yy '.68636 62 -6354 i ;r=ig;<"., ;' I is .. ;eg3 -.!,;1149f3 .,,,.::,,,,,, 1 :63363:' h.,63523 . ".' ,., I .. ' `# .1'2'1' 3526 ' I 1 31 2. w • :I , 0 Property Details Account Property ID: 69636 Geo.ID* 2G0271-0000-08100-0-00 Type: Real Legal Description: ABS:271 SUR: F RODRIGUEZ 51 119 AC Location Address: LOWER SEGUIN RD TX Neighborhood: Mapsco: Jurisdictions: CAD, CCI,GCO, LTR,SCS Owner Name: KANSAL SOM&SUKESH Address: 2296 ARCHER AVE FREMONT, CA 94536 Property Appraised Value: $8,230 Website version: 1.2.2.0 Database last updated on:8/8/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/MapPrint.aspx?cid=2&searchType=PROP_ID&... 9/8/2011 MapPrint Page 1 of 1 Guadalupe CAD Property Search Results > Property ID 69640 KANSAL SOM & SUKESH for Year 2011 L � tiLegend .11_Map Image 7,w nFald�PDP ?-.7';'7,,,-;..,„':-;';, r�. / c '' - - r. d nPra i:' ,i.. 96a e ❑ 2 aam#{1 hli tl.a er - 9 Sfi Y ��. wwr - - finun t31 k'-N E :'!-:: ,.:P:;,::. - t �$4 -. 4Jt33 : .ti; :YDS: {yam .y i'i�,' l�li d. l' - . ate... e ,��ii�'s - sclt+oais { .1 �` exportl hart , Y' - 3.: ,...:-----10,11, • =%i. ❑ _ F _ exports l� - 14 S V+ FV' .:w Parcels .5. :i�x ra t i i '3`k:�tArl2-l�J®p`�Pt1JV`Ji�31. e ; .` .. 'i.'^.. ,:;.:`,',.:7:;',.;:. j.i` •i! Parcels Poly .`;f, ', " ',I:10-, f Streets s' - 3.3'1,7 .„.,,,,,,,,,,,,,,,....,,.z,,..,..„, : - "% :�r x, ‘':-,'''I'''''-{0,.q.,'''.:-ila0=.-' ..X e�F .j^Y ,,"f. St - �r til+"tA' ����iZ�y - _ j 1 • r". ii s ku x. •I .•} �F 0 ' - - `..k �i S Y^.A ��. sc::: \ 6341 -'�,:� .' ," wi r =8 `15 ," � a Property Details P Account Property ID: ,~^ 69640 Geo.ID 2G0271-0000-08200-0-00 Type: Real Legal Description:ABS:271 SUR: F RODRIGUEZ 35.7120 AC. Location Address: HAECKERVILLE RD TX Neighborhood: Mapsco: Jurisdictions: CAD,GCO, LTR,SCS Owner Name: KANSAL SOM&SUKESH Address: 2296 ARCHER AVE FREMONT,CA 94536 Property Appraised Value: $5,750 Website version: 1.2.2.0 Database last updated on:8/8/2011 8:28 ©2011 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+ Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/Map/MapPrint.aspx?cid=2&searchType=PROP ID&... 9/8/2011 4 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated B Pq/ , 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TE Sa home rule municipality located in Guadalupe County, Texas ("City"), and J O^ Y-1- Ne 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 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property,other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document,master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TI-GC§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 v unicipality in Landowner: Guadalu.- :.unty, Tex. By:/j By: %(4117COx,Acting Cibolo City Manager Or Address: If/ g Lv u,,2--- /2 ' dal Anderson, City Planner City: cs_4_ State/Zip: T '>g','o Date: FA g f / Date: - �- /( City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement • Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69600 NEMEC ROBERT E for Year 2011 Property Account Property ID: 69600 Legal Description:ABS:271 SUR:F RODRIGUEZ 3.2810 AC. Geographic ID- 2G0271-0000-05100.0-00 Agent Code: Type: Real Location Address: 4189 LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: NEMEC ROBERT E Owner ID: 241-69 Mailing Address: 4189 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108-4004 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: + $44,725 $528 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $44,725 (—)Ag or Timber Use Value Reduction:— $44,197 (=)Appraised Value: _ $528 (—)HS Cap: — $0 (=)Assessed Value: _ $528 Taxing Jurisdiction Owner: NEMEC ROBERT E %Ownership: 100.0000000000% Total Value: $44,725 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $528 $528 $0.00 GCO GUADALUPE COUNTY 0.344900 $528 $528 $1.82 LTR LATERAL ROAD 0.055000 $528 $528 $0.29 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $528 $528 $7.58 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $9.69 Taxes w/o Exemptions: $9.69 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=69600 8/5/2011 uauaiupu '-i-w -rropeny veiaus Page 1 of 2 Guadalupe CAD Property Search Results > 69682 NEMEC ROBERT E for Year 2011 Property Account Property ID: 69682 Legal Description: ABS:272 SUR:J M ROSA 1.2530 AC. Geographic ID. 2G0272-0000-01600-0-00 Agent Code: Type: Real Location Address: 4189 LOWER SEGUIN RD Mapsco: TX Neighborhood: Map ID P-5 Neighborhood CD: Owner Name: NEMEC ROBERT E Owner ID• 24169 Mailing Address: 4189 LOWER SEGUIN RD%Ownership: 100.0000000000% CIBOLO,TX 78108-4004 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $2,815 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $17,080 $202 (+)Timber Market Valuation: + $0 $0 (=)Market Value: _ $19,895 (—)Ag or Timber Use Value Reduction:— $16,878 (_)Appraised Value: _ $3,017 (—)HS Cap: — $0 (=)Assessed Value: _ $3,017 Taxing Jurisdiction Owner: NEMEC ROBERT E %Ownership: 100.0000000000% Total Value: $19,895 Entity,Description Tax Rate Appraised Value Taxable Value•Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $3,017 $3,017 $0.00 GCO GUADALUPE COUNTY 0.344900 $3,017 $3,017 $10.40 LTR LATERAL ROAD 0.055000 $3,017 $3,017 $1.66 SCS SCHERTZ-CIBOLO-U.C. ISD 1.435000 $3,017 $3,017 $43.30 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $55.36 Taxes w/o Exemptions: $55.36 Improvement/Building http://propaccess.trueautomation.com/ClientDB/Property.aspx?prop_id=69682 8/5/2011 I Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 4f4-- 1 ew /eappearesiin person before me today and stated under oath: l�otee �� "My name is 4 ,4 , Active,- . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at 1_11D q / iL r l p V __ alp Said property is apprised for ad valorem tax purposes under the Texas Tax Code forCA.B (..Si\! Q Stcxci ) purposes." "Further,my property is currently being used for the following uses: 62gLQQOCP-- ( O Lg 0 ,, Signed: ` FAA. _ e. )7Q/2to .. L Printed Name: r-Rob't°r--/-- 6 . Ale fo-e SIGNED under oath before me on 9 - CSC , 2011. II ILOVN "-mi"u-:74.4", • • rvA, I 9 it • A Ah2p4p y : sejidx3 uol$s!wwo3 AN ; I\, Notary P$i 1.tate of Texas sexej;o elels'o!Ignd AieloN=,;•, 1.�. 11 NoSb31!vd 3NNA1 3I99VW �-'4,11.,;� CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated (77.?„ 2011 ("Effective Date"),made by and between the CITY OF CIBOLO, TEXAS, a ome rule municipali located in Guadalupe County, Texas ("City"), and ,� 4..adv. 41 ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the"Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture,wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24,2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner,the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23,Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement . Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City,be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other;provided,however,that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement • f EXECU 1'ED by the parties hereto to be effective as of the date first set forth above. City of Cibolo,a home rule m s' ip. ', in Landowner: Guadalupe : city, Texas By. „if By: BC-RN/1-61E7M- 1'7�ffEC'`/E,6 `ir'-OX,Acting CibolL"PP—Manager •r Address: /,S Locus. SEG it/A/ . i dal Anderson, City Planner City: 61 be Cc 7ix 4-s State/Zip: 7A2/0 f Date: gV/ 0 Date: O S/0)-� ap/ City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement • Guadalupe CAD -Property Details Page 1 of 2 Guadalupe CAD Property Search Results > 69685 HAECKER BERNADETTE N for Year 2011 Property - ----- --------_-- ------• --- ------ Account Property ID: 69685 Legal Description: ABS:272 SUR:J M ROSA 15.4140 AC. Geographic ID: 2G0272-0000-01730-0-00 Agent Code: Type: Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: HAECKER BERNADETTE N Owner ID: 57201 Mailing Address: 4185 LOWER SEGUIN RD %Ownership: 100.0000000000% CIBOLO,TX 78108-4004 Exemptions: Values--------------------------------------------------------- ------------------------------------. (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $1,222 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $131,693 $2,482 (+)Timber Market Valuation: + $0 $0 (_)Market Value: r $132,915 (–)Ag or Timber Use Value Reduction:– $129,211 (=)Appraised Value: _ $3,704 (–)HS Cap: – $0 (=)Assessed Value: _ $3,704 • Taxing Jurisdiction Owner: HAECKER BERNADETTE N %Ownership: 100.0000000000% Total Value: $132,915 Entity Description Tax Rate Appraised Value' Taxable Value;Estimated Tax 1 CAD APPRAISAL DISTRICT 0.000000 $3,704 $3,704 $0.00 GCO GUADALUPE COUNTY 0.344900 $3,704 $3,704 $12.78 LTR LATERAL ROAD 0.055000 $3,704 $3,704 $2.04 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $3,704 $3,704 $53.15 Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $67.97 -- --- ------ ------------'--------- -- --Taxes w/o Exemptions: —_--- $67.96 --- Improvement/Building http://propaccess.trueautomation.coni'clientdb/Property.aspx?prop_id=69685 8/1/2011 r Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses Beynadel-e_ PQQC, ..Qi"appeared in person before me today and stated under oath: "My name is'Eel(node aeCtr 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 tt 6P lL u W n UOOb —76 105 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 0q0purposes." "Further,my property is currently being used for the following uses: a91- (ALL)-(Arca) } - piqxy4Ly IdiEtoqcol Signed: ikee ryz-a g Printed Name: ,R ,e4/4-cie 7Tt Alifez SIGNED under oath before me on OtaiLJU.S1 as , 2011. so v loz 'ZZ Jegweoea A0 �r _ Vl I1 CA-i91/1-5Y)0 saiox3 u0,5spwoo Ay4 =WIr u Lvsexel}0 ems'0!Ignd AJeioN = .41 Notary P l , State oj'exas ' NOS21311Vd 3NNA1 3ISOVIN %.'3 (*1 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments • 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations c CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 47 / , 2009 ("Effective Date"), made by and between the CITY OF CIBOLO, TE ' A S, a ho e rule . i ipal ty ocated in Guadalupe County, Texas ("City"), and _ 141 1 ("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 undo; 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. Ciro of Ciboir, Page I of 4 TLGC§43.035 Deveiopment 1areement ,. 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 Cor?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 Cin-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 irarties.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 Pas 3 of 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: G -4. ,e Co nty, Texas Or %,,,a I: .. jou. APA g 0 - - 3 O1 .i� Bru 'e.rson, Cibolo City M. .ger or Address: ge_.ejad ' ancy McBeth, Cibolo Community Development Director City: 11` fir State/Zip: "71 7g,./ Date: Zia Ill 09 Date: eiVi/JC 9 City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement ' Guadalupe CAD- Property Details http://propaccess.trueautomation.com/CIIentDB/Property.aspx7cid=.. Guadalupe CAD Property Search Results>63.539 STOLTE CLAYTON for Year 2009 EXHIBIT A Property Account Property ID" 63539 Legal Description:ABS.134 SUR.JOSE FLORES 32.6500 AC. Geographic ID: 2G0134-0000-11520.0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD• Owner _ Name: STOLTE CLAYTON Owner ID: 51576 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: _ _ __. _. ._._ __. - _ Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Vane. -. - W.. (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $166,600 55,191 (+)Timber Market Valuation: + $0 $0 • (_)Market Value: _ $166,600 (-)Ag or Timber Use Value Reduction:- $161,409 (_)Appraised Value: = $5,191 (-)HS Cap: - $0 (_)Assessed Value: = $5,191 Taxing Jurisdiction Owner STOLTE CLAYTON %Ownership:100.0000000000% Total Value: $166,600 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $5,191 $5,191 $0.00 GCO GUADALUPE COUNTY 0.329500 $5,191 $5,191 $17 10 LTR LATERAL ROAD 0.060000 $5,191 S5,191 S3.11 SCS SCHERTZ CIBOLO-U.C.ISD 1.385000 55,191 $5,191 571.90 Total Tax Rate: 1.774500 Taxes w/Current Exemptions: 592.11 Taxes w/o Exemptions: $92.11 Improvement!Building No improvements exist for this property Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 DIA TILLABLE AVG 32.6500 1393920.00 0.00 0.00 5166.600 $5,191 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2009 SO $166,600 5,191 5,191 $0 $5,191 2008 SO 5166,600 5.093 5.093 $0 $5,093 2007 SO 5126,212 4,995 4,995 SO $4,995 2006 SO 581,427 5,028 5,028 SO S5.028 2005 SO 565,146 4,963 4.963 SO $4,963 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page • Guadalupe CA.D- Property Details http./ipropaccess.trueautomation.com/ClientDB/Propertv.aspx?cid=.. • Guadalupe CAD Property Search Results> 69707 STOLTE FRANKLIN E TTEE ET AL for Year 2009 EXHIBIT A Property Account Property ID' 69707 Legal Description:ABS 272 SUR:J M ROSA 32.5000 AC. Geographic ID: 2G0272-0000-03300-0-00 Agent Code: Type. Real Location Address: LOWER SEGUIN RD Mapsco: Neighborhood: Map ID' P-5 Neighborhood CD' Owner Name: STOLTE FRANKLIN E TTEE ET AL Owner ID: 57212 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION,D(78124 Exemptions: Values (+)Inlpravement Homesite Vaiuc. 50 (+)Improvement Non-Homesite Value: + $5,124 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $165,635 $5,168 (+)Timber Market Valuation: + $0 $0 (=j Market Value: _ $170,959 (—)Ag or Timber Use Value Reduction:— $160,667 (_)Appraised Value: _ $10,292 i—)HS Cap: — $0 (=)Assessed Value: _ $10,292 Taxing Jurisdiction Owner STOLTE FRANKLIN E TTEE ET AL %Ownership: 100.0000000000% Total Value: $170,959 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $10,292 $10,292 $0.00 GCO GUADALUPE COUNTY 0.329500 $10,292 $10,292 $33.91 LTR LATERAL ROAD 0.060000 $10,292 $10,292 $6.18 SCS SCHERTZ-CIBOLO-U.C.ISO 1.385000 $10,292 $10,292 $142.54 Total Tax Rate: 1 774500 Taxes w/Current Exemptions: $182.63 Taxes w/o Exemptions: $182.63 Improvement/Building Improvement#1 RESIDEN'ftAL State Code: E3 Living Area: soft Value: $5.124 Type Descitption Class CD Exterior Wall Year Built SOFT BARN BARN WED 2000.0 BARN BARN WED 1200.0 BARN BieR{.t WED 900.0 Land r Type Description 4499s Sgft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 32.5,1W 1393920.00 0.00 0.00 5155,835 55,168 Roll Value History Guadalupe CAD- Property Details http.//propaccess.trueautomation.com/ClientDB/Propertt.aspx?cld=.. Guadalupe CAD Property Search Results>69706 STOLTE FRANKLIN for Year 2009 EXHIBIT A Property Account Property 10: 69706 Legal Description:ABS.272 SUR:J M ROSA 12.0000 AC. Geographic ID' 2G0272-0000-03200-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: STOLTE FRANKLIN Owner ID: 51574 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesile Value: + $0 cc)Land Homesite Value: + $0 (+)Land Non-Homesile Value: + $0 Ag/Timber Use Value (+)Agricultural Markel Valuation: + $61231 $1.236 (+)Timber Market Valuation: + SD SO (_)Markel Value: = $61231 (—)Ag or Timber Use Value Reduction:— $59,995 1_)Appraised Value: _ $1,236 (—)HS Cap: — SO ------------ (_)Assessed Value: = $1,236 Taxing Jurisdiction Owner STOLTE FRANKLIN %Ownership: 100.0000000000% Total Value: $61,231 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 51,236 $1,236 $0.00 GOO GUADALUPE COUNTY 0.329500 $1,236 $1,236 $4.07 LTR LATERAL ROAD 0.060000 $1,236 $1,236 $0.74 SCS SCIERTZ-CIBOLO-U.C.ISO 1.385000 $1,236 S1,236 $17.12 _ Total Tax Rate: 1 774500 Taxes w/Currenl Exemptions: $21.93 Taxes w/o Exemptions: $21.93 Improvement/Building No improvements exist for this property Land ti Type Description Acres SO Eff Front Eff Depth Market Value Prod.Value 1 D1G IMPROVED GOOD 12.0000 522720.00 0.00 0.00 $61,231 $1,236 Roll Value History Year Improvements Land Market Ao Valuation Appraised Hs.Cap Assessed 2009 SO $61,231 1.236 1,236 SO $1,236 2008 SO 561,231 1,248 1,248 SO S1.248 2007 SO 546,387 1,272 1,272 SO $1,272 2006 SO $29,927 1.320 1.320 SO 51.320 2005 SO $23,943 1,380 1,380 SO 51.380 Deed History-(Last 3 Deed Transactions) Deed Date Type Description Grantor Grantee Volume Page ' Guadalupe CAD- Property Details http./ipropaccess.trueautomatlon.cont/CllentDB/Propenv.aspx?cld= • Guadalupe CAD Property Search Results>63536 STOLTE FRANKLIN for Year 2009 EXHIBIT A Property Account Property ID. 63536 Legal Description:ABS.134 SUR:JOSE FLORES 16.0000 AC. Geographic ID* 2G0134-0000-11500-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CDP Owner Name: STOLTE FRANKLIN Owner ID: 51574 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION.TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $O (+)Improvement Ivor-rtomesi:e Value: * $0 1+)Land Homesite Value: + $0 (+)Land Non-Homesile Value: $0 Ag I Timber Use Value (+)Agricultural Markel Valuation: + $81,642 $2,544 (+)Timber Market Valuation: + $0 $O ------------ (_)Market Value: = $81,642 • (-)Ag or Timber Use Value Reduction:- $79,098 -------------- (_)Appraised Value: = $2,544 (-)HS Cap: - SO (_)Assessed Value: = $2,544 Taxino.Jurisdiction Owner STOLTE FRANKLIN %Ownership:100.000000000D% Total Value: $81,642 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $2,544 $2,544 $0.00 GCO GUADALUPE COUNTY 0.329500 $2,544 $2,544 $8.38 LTR LATERAL ROAD 0.060000 $2,544 52,544 $1.53 SCS SCHERTZ-CIBOLD-U.C.ISD 1.385000 52,544 52,544 $35.23 Total Tax Rate: 1.774500 Taxes w/Current Exemptions: $45.14 Taxes w/o Exemptions: $45.14 Improvement/Building No improvements exist for this property Land S Type Description Acres Sqft EY Front EH Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 16.0000 696960.00 0.00 0.00 $81,642 52,544 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS.Cap Assessed 2009 SO $81,642 2,544 2.544 50 52.544 2008 SO S81,642 2.496 2,496 SO $2,496 2007 50 $61,850 2.443 2,448 $0 $2,448 2006 50 S39.903 2,464 2,464 50 $2,464 2005 SO S31.924 2,432 2,432 50 $2,432 Deed History.(Last 3 Deed Transactional 4 Deed Date Type Description Grantor Grantee Volume Pale • Guadalupe CAD-Property Details http.//propaccess.trueautornatlon.corn/C])entDB/Property.aspx 9prop_ Guadalupe CAD Property Search Results> 63538 STOLTE FRANKLIN for Year 2009 EXHIBIT A Property Account Property ID: 63538 Legal Description:ABS:134 SUR JOSE FLORES 2.0000 AC. Geographic ID- 2G0134-0000-11510-0.00 Agent Code: Type: Real Location Address: 302 STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: STOLTE FRANKLIN Owner ID: 51574 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION,17<78124 Exemptions: HS,OV65 Values - (+)Improvement Homesite Value: 4 $25,031 (+)Improvement Non-Homesite Value: + $0 (+)Lund Homesite Value: + $12,705 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Markel Valuation: + $0 $0 1_)Market Value: _ $37,736 (—)Ag or'limber Use Value Reduction:— $0 (_)Appraised Value: _ $37,736 (—)HS Cap: — SO ------------ (_)Assessed Value: = $37,736 Taxing Jurisdiction Owner: STOLTE FRANKLIN %Ownership:100.0000000000% Total Value: $37,736 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL DISTRICT 0.000000 $37,736 $37,736 $0.00 GCO GUADALUPE COUNTY 0.329500 $37,736 $22,736 $41.06 41.06 LTR LATERAL ROAD 0.060000 $37,736 $22,736 $5.81 $5.81 SCS SCHERTZ-CIBOLO-U.C.ISD 1.385000 $37,736 $12,736 $0.00 $0.00 Total Tax Rate: 1.774500 Taxes w/Current Exemptions: $46.87 Taxes w/o Exemptions: $669.63 Improvement/Building Improvement#1 RESIDENTIAL State Code: El Living Area: 984.0 sett Value: 525.031 Type Description Class CD Exterior Wall Year Built SOFT RES1 MAINFLR 5- By 984.0 CP CO'v PORCH By 2000 80.0 SP SCN PORCH BY 2000 78.0 Land # Type Description Acres Sett EN Front EY Depth Market Value Prod.Value 1 G29 G29 2.0000 87120.00 0.00 0.00 510.205 SO 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 52,500 SO Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2009 525.031 512,705 0 37,736 SO 637 738 2008 525.031 S12.705. 0 37 735 52,20! 535,532 Guadalupe CAD- Property-Details http,//propacce.ss.trueautomation.cpm/CllentDB/Propertv.aspx?cid= Guadalupe CAD Property Search Results>63537 STOLTE CARY &MARSHA for Year 2009 EXHIBIT A Property Account Property ID: 63537 Legal Description:SCHULT 18X76 BLUE/VVHITE TEY#0429233 SERIAL#N212789 'Geographic ID. 2G0134-0000-115005-94 Agent Code: Type: Mobile Home Location Address: 394 STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD' Owner Name: STOLTE CARY&MARSHA Owner ID: 51575 Mailing Address: P 0 BOX 186 %Ownership: 100.0000000000% CIBOLO,TX 78108-0147 Exemptions: DP,HS Values (+)Improvement Homesite Value: + 527,373 (+I Improvement Non-Homesite Value: 4 $0 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + SO Ag/Timber Use Value (+)Agricultural Markel Valuation: 4 $0 $0 (+)Timber Markel Valuation: 4 $0 $0 (_)Markel Value: = $27,373 (--)Ag or Timber Use Value Reduction:— SO ------------ (_)Appraised Value: = $27,373 (—)HS Cap: — $0 (_)Assessed Value: = $27,373 Taxing Jurisdiction - Owner STOLTE CARY&MARSHA %Ownership:100.0000000000% Total Value: 527,373 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax TTax Celfng CAD APPRAISAL DISTRICT 0.000000 $27,373 $27,373 $0.00 GCO GUADALUPE COUNTY 0.329500 $27,373 $22,373 $73.72 779.00 LTR LATERAL ROAD 0.060000 $27,373 $19,373 $9.69 $9.69 SCS SCHERTZ CIBOLO-U.C.ISD 1.385000 $27,373 $2,373 $32.29 $32.29 Total Tax Rate: 1.774500 Taxes w/Current Exemptions: 5115.70 Taxes w/o Exemptions: $485.73 Improvement 1 Building Improvement#1. MOBILE HOMES State Code: M1 Living Area: 1368.0 sat! Value: S27.373 Type Description Class CD Exterior Wall Year Built SOFT Mi-1 MOBILE I-tOME GSM 1368.0 AT ATTACHMENT AT1 1.0 Land No land seoments exist for this property Roll Value History • Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2009 $27,373 SO 0 27.373 SO $27,373 2005 S27,373 $0 0 27.373 50 S27,373 2007 527,373 50 0 27,373 50 $27,373 2006 527.373 SO 0 27.373 SO $27,373 2005 527,373 50 0 27,373 SO $27,373 Deed History-(Last 3 Deed Transactions) Guadalupe CAD- Proper Details http./,/propaccess trueautoination.com/Cl ientDB/Propern..aspa?cid= Guadalupe CAD Property Search Results>63540 STOLTE FRANKLIN E TRUSTEE ET AL for Year 2009 EXHIBIT A Property Account Property ID: 63540 Legal Description:ABS.134 SUR:JOSE FLORES 36.2700 AC. Geographic ID 2G0134-0000-11600-0-00 Agent Code: Type: Real Location Address: STOLTE RD Mapsco: Neighborhood: Map ID: P-5 Neighborhood CD: Owner Name: STOLTE FRANKLIN E TRUSTEE ET AL Owner ID: 51577 Mailing Address: 362 STOLTE RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+1 Improvement Homesite Value: 4 $0 (+)Improvement Non-Homesite Value: + $1,358 (4)Land Homesite Value: 4 $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $185,071 $5,579 (+)Timber Market Valuation: + $0 $0 (_)Markel Value: _ $186,429 (—)Ag or Timber Use Value Reduction:— $179,492 (_)Appraised Value: = $6,937 (—)HS Cap: — $0 (_)Assessed Value: = $6,937 Taxing Jurisdiction .- Owner- STOLTE FRANKLIN E TRUSTEE ET AL %Ownership: 100.0000000000% Total Value: $186,429 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $6,937 $6,937 $0.00 GCO GUADALUPE COUNTY 0.329500 56.937 $6,937 $22.86 LTR LATERAL ROAD 0.060000 $6,937 $6,937 $4.16 SCS SCHERTZ-CIBOLO-U.C.ISD 1.385000 $6,937 $6,937 $96.08 Total Tax Rate: 1.774500 Taxes w/Curren!Exemptions: $123.10 Taxes w/o Exemptions: $123.10 Improvement!Building Improvement#1 RESIDENTIAL State Code: E3 Living Area: sq-ft Value: 51.358 Type Description Class CD Exterior Wall Year Built SOFT BARN BARN WED 1312.0 Land A Type Description Acres Soft Eff Front EY Depth Market Value Prod.Value 1 D3A TILLABLE AVG 34.2700 1481040.00 0.00 0.00 $174,866 55,449 2 D5A NATIVE AVG 2.0000 67120.00 0.00 0.00 310,205 $130 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2009 51,358 S185,071 5,579 6.937 50 56,937 2008 51.358 5185,071 5.464 6.622 50 55.822 2007 51.299 5140.205 5,347 6.646 50 $6,646 2006 51.293 590.455 5.376 6.677 SG 55.677 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses JP/4gpeared in person before me today and stated under oath: "My name i- 1_ ._AEA/ �J/1 / . -. am competent to make this affidavit. The facts stated it this affidavit di, vvi.hh1 illy .personal knowledge and are true and correct. I am the owner of the property located at _c55" ,f2a7,/ , 9:7ee: -/„ . � 0% 43 5 Said property is appraised for ad valorem tax purposes under the Texas ax Code for aA/cee4 : "r. le, purposes." "Further, my property is currently being used for the following uses: ,„ ,(„7/-4;(2, (.4," „ Ad- ,., ./' Ati.b11-4-72-1'— -/ Signed: _____0#1?„%64" Printed Name:__ /,'__/ _"1 1 ,i/ _� SIGNED under oath before me on , 2009. KIMBERLY KAY CRASS r, Myr Commission Expires Notary Public, .to of T-isx�y 27,2010 C v+dr Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments • 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Herbert 0. Kessler 2320 Haeckerville Rd Cibolo TX 78108-4105 Ph: (210) 658-8029 Cel: (210) 216-5537 FAX: (210) 6585997 E-Mail: hrbkesaol.com 6 September 2011 Mr. Randy Anderson City Planner City of Cibolo PO Box 826 Cibolo TX 78108 Dear Mr.Anderson: This is in response to your certified letter dated 15 August 2011 concerning Property ID: 24955 LOT: 19 BLK:ADDN:GREEN MEADOWS SUB 0.083AC Geographic Id: 1G1220-0000-01910-0-00. The lot referenced above is a 60ft x 60ft tract located at the end of Guadalupe County public street: Green Meadow Drive which was built and is maintained by Guadalupe County. The purpose of the lot is to block the end of the street. It is worth virtually nothing except for blocking the street. I am returning your description sheet. Since I am already sending you this certified letter concerning Lot 19,some of my neighbors wanted me to send along the enclosed petitions concerning Area 1 of the proposed annexation plan. Please forward the petitions to the City Manager for his consideration in the annexation process. The neighbors collecting petitions indicated they will send more petitions when they are received. The surnames of the 25 petitioners in this submission are as follows: Schneider Morrison Beck Castilleja Fires McMahon Schadetzky Lopez II Cabe Payne Schuld Thiele Webber Hobrecht Cioperlik Gibbs Gonzalez Garcia Hancock Rappmund Hidenrite Neill Beckett Young Rakowitz Sincerely, 1 Attachment: Lot 19 description page Herbert 0. Kessler Enclosures: 25 Petitions • Gualniupe CAD -Property Details M C Page 1 of 2 Guadalupe CAD Property Search Results > 24955 KESSLER HERBERT 0 for Year 2011 Property _ _ _ _ _ _ • - Account Property ID: 24955 Legal Description: LOT:19 BLK:ADDN:GREEN MEADOWS SUB 0.083 AC. Geographic ID: 1G1220-0000-01910-0-00 Agent Code: Type: Real Location Address: GREEN MEADOW DR Mapsco: TX Neighborhood: Map ID: P-5 BK 5 PG 27 Neighborhood CD: Owner Name: KESSLER HERBERT 0 Owner ID: 14577 Mailing Address: 2320 HAECKERVILLE RD %Ownership: 33.3300000000% CIBOLO,TX 78108-4105 Exemptions: Values (+)Improvement Homesite Value: $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: $0 (+)Land Non-Homesite Value: $43 Ag?Timber Use Value - (+)Agricultural Market Valuation: $0 $0 (+)Timber Market Valuation: $0 $0 (=)Market Value: = $43 (—)Ag or Timber Use Value Reduction:— $0 (=)Appraised Value: = $43 (—)HS Cap: $0 (=)Assessed Value: = $43 Taxing Jurisdiction Owner KESSLER HERBERT 0 %Ownership:33.3300000000% Total Value: $43 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax •_ CAD APPRAISAL DISTRICT 0.000000 $43 $43 $0.00 GCO GUADALUPE COUNTY 0.344900 $43 $43 $0.15 LTR LATERAL ROAD 0.055000 $43 $43 $0.02 SCS SCHERTZ-CIBOLO-U.C.ISD 1.435000 $43 $43 $0.62 - - -- ----- Total Tax Rate: 1.834900 Taxes w/Current Exemptions: $0.79 - - - Taxes w/o Exemptions: $0.79 - - _ _ . Improvement/Building _ _ \Po rl http://propaccess_t-usautornsuon_cona/ClientDB/Property.aspx?prop_id=249558/312011 Herbert 0. Kessler 2320 Haeckerville Rd Cibolo TX 78108-4105 Ph: (210) 658-8029 Cel: (210) 216-5537 FAX: (210) 6585997 E-Mail: hrbkes@aol.com 7 September 2011 Mr Randy Anderson City Planner City of Cibolo PO Box 826 Cibolo TX 78108 Dear Mr.Anderson: Enclosed are 7 more petitions concerning Area 1 of the proposed annexation plan. Please forward the petitions to the City Manager for his consideration in the annexation process. The surnames of the 7 petitioners in this submission are as follows: Crowl McIntyre Dear McIntyre . Evans Kessler Stuhl Sincerely, Herbert O. Kessler Enclosures: 7 Petitions JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: Noliki"\j e ka u= Signature: 11-01Y\ C-1L7-k, l Address-- 3 g7 I�'CJ r (�'`�'�f& q 14 ( i O0l0 tc ) -(O Phone Number (optional) My property is in Green Meadow Estates? El Yes VNo My property is elsewhere in area A-1 of the proposed annexation? 1Z I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: L Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes EeNo Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: J3/ Af/Vy fitigt_ Signature: ectatity/ Address:. i1q 29 tOCjc1 SEGUiti A4 CIQ0t Tx 7th/©d' Phone Number (optional) 2/6- G 59- 171/6 My property is in Green Meadow Estates? CI Yes Myroe is elsewhere in area A-1 of the proposed annexation? property�Y P P �-- I oppose the annexation: 2/ I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: L7(Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No 27 Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: (,; R-e---C)`D 414 "kAi dark-5 - Signature: r17 /4k/4/2-- Address: 4k/''/2'Address:.c,,13 (Q2 0. 640 Phone Number (optional) My property is in Green Meadow Estates? ¶Yes O No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: [ff I am willing to contribute financially for legal fees if necessary: U Yes No I plan to attend the annexation meetings on 13 and/or 27 September? / Yes No gr JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: S .k/ 4 X//jn1'(f Slit, / Signature: /— �� / c' fl��it,(�' Address:- (D c Li v V,11"? t,„"( <404 lJe 7!N/06 Phone Number (optional) My property is in Green Meadow Estates? Yes pallo My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: � 7 Yes 2 No I plan to attend the annexation meetings on 13 and/or 27 September? Q Yes No 11 ,2 9e JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: G/4 IL 10E c / /y- y i E Signature: _ -dio"L 4 Address:. ‘/4( L- K. ed- 7 co Phone Number (optional) My property is in Green Meadow Estates? D' Yes fNo My property is elsewhere in area A-1 of the proposed annexation? *rQ I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: Yes �No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No 3o JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: a( . v/CC /h (1,)1-(9,_ Signature: Address:- q y -/ � .,,_ Phone Number (optional) My property is in Green Meadow Estates? t' Yes My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: Yes I plan to attend the annexation meetings on 13 and/or 27 September? fl Yes o 3 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: ekiei-t © • / — Signature: z3 � Prvi'/le ' a Address:. c �� Phone Number (optional04‘,5-8"-6025 . 47f JZ/6.f 37 My property is in Green Meadow Estates? LTYes O No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: E I am in favor of the annexation: [l I am willing to contribute financially for legal fees if necessary: ( / Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No 2 9. JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THF, PROPOSED ANNEXATION BY TRE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: (4)1.(4,(4, l71 • S Signature: /1- ic/- Address:. 6v& 14 ve/f 10,-0 P17' ?E./4 Phone Number (optional) zi - 2-S- ' — 5-K2- My property is in Green Meadow Estates? Yes fl No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: 0- I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: Yes ( No I plan to attend the annexation meetings on 13 and/or 27 September? i7 Yes No JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF T H K PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. ll Printed Name: —��- ( � ; 11 II &&' Signature: d3 Address:. Yit) WNeadi:lo.L) fit C���r�fa Phone Number (optional) My property is in Green Meadow Estates? Yes ONo My property is elsewhere in area -1 of the proposed annexation? 40 I oppose the annexation: I am in favor of the annexation: I am willi to contribute financially for legal fees if necessary: Yes SN I plan to attend the ann ation meetings on 13 and/or 27 September? Yes No 9. 2 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed 6.1,anaZ ri Pc.-1-•-taeTZ17/ Affir Signaturt Aci Address:. /S ree�. ���� ,�Rr ` vsts Phone Number (optional) My property is in Green Meadow Estates? r;Yf Yes Cl No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: VI I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: (7 Yes lNo I plan to attend the annexation meetings on 13 and/or 27 September? ELYes No Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. ( Printed Name: AN/1.0A P P Signature: � 2.12 Address:. l 7 a ?i..11 6 m Re Phone Number (optional) My property is in Green Meadow Estates? Yes fl No My property is elsewhere in area A-1 of the proposed annexation? 4-0 I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: (�s E No I plan to attend the annexation meetings on 13 and/or 27 September? es n No 9c JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. 1 � Printed Name: eite/AA) Signature: - ‘,3 Address:. `7 ze__'z=fz, / a- ,0c0L Phone Number (optional) My property is in Green Meadow Estates? es Q No My property is elsewhere in area A-1 of the proposed annexation? 4-0 I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: Yes El No I plan to attend the annexation meetings on 13 and/or 27 September? E'Yes 0 No 5 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. / Printed Name: B (1 b Signature: `-'i Address:. 2405 H f v)/ `( 6 Phone Number (optional) 2 My property is in Green Meadow Estates? Q Yes EINo My property is elsewhere in area A-1 of the proposed annexation? 117Z I oppose the annexation: 10/ I am in favor of the annexation: 0 I am willing to contribute financially for legal fees if necessary: 0 Yes No I plan to attend the annexation meetings on 13 and/or 27 September? ZiYes 0 No -6 Se • JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: Signatur•,- Address: C‘CJ M Phone Number (optional) 2(0, °°k 3_.1'S' My property is in Green Meadow Estates? pf Yes O No My property is elsewhere in area A-1 of the proposed annexation? '1D I oppose the annexation: g I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: ET Yes El No I plan to attend the annexation meetings on 13 and/or 27 September? Yes Li No 7 Sr JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: errRaiep Li Y Signature: ( Lf- �' ' Address:_ z/q/3 / s SLI'/l Phone Number (optional) My property is in Green Meadow Estates? Yes El No My property is elsewhere in area A-1 of the proposed annexation? i I oppose the annexation: 2V I am in favor of the annexation: EJ I am willing to contribute financially for legal fees if necessary: 113 Yes 1No I plan to attend the annexation meetings on 13 and/or 27 September? Yes 7 No JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: 1 n1 gr-4-74-1/ A 1 � • Signature: a e Je Gtr Address:. rib(' T 7 Phone Number (optional) My property is in Green Meadow Estates? Yes fl No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: I am willing to contribute financi for legal fees if necessary: (1 Yes No I plan to attend the annexation meetings on 13 and/or 27 September? C3Yes Ei<To Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: C G.( E-'(\ C oum Signature: A.vi Address:. 72- 1 Lower 10,-NA CA\90V0 (x 'N IA Phone Number (optional) My property is in Green Meadow Estates? Yes WA No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: El I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: Yes L X No I plan to attend the annexation meetings on 13 and/or 27 September? Yes 7 No /6 Sr JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: J°P1'' '?",T r-'S')/✓ �/}��� Signature: '1 I I rUtLflA -. ' h l Pifr. Address:. . " Lovea-- VALLEY 04,�e ci &,te.. --,'1 7 Pie c Phone Number (optional) . c)io -,Sl6-.2 /97 My property is in Green Meadow Estates? El Yes Vo My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: OP I am in favor of the annexation: 0 I am willing to contribute financially for legal fees if necessary: 1-7 YesN° I plan to attend the annexation meetings on 13 and/or 27 September? Yes ErIN:o JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks . your choice. Printed Name: r40'� ��� � �r Signature: / r Address: X 17 / vu)� � �PO 7y 7V26 Phone Number (optional) My property is in Green Meadow Estates? tr2 Yes J No My property is elsewhere in area A-1 of the proposed annexation? - I oppose the annexation: 2/ I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: No I plan to attend the annexation meetings on 13 and/or 27 September? CO/Yes No Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: /q' c h X19 )-'° p e a Signature: Address: .50 ' '� g c, Phone Number (optional) a JO - v My property is in Green Meadow Estates? Yes V No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: ti I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: Yes `l No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No I3 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Nam : D(' SC /l- Signature: <:=NN.. 'zz=4 .. . Address:- _ l L-� p� °n'l -7' 64) Phone Number (optional) 05797=79(9 IG My property is in Green Meadow Estates? ci Yes r4 pt, No My property is elsewhere in area A-1 of the proposed annexation? j I oppose the annexation: I am in favor of the annexation: 0 I am willing to contribute financially for legal fees if necessary: tg Yes L No I plan to attend the annexati I :- meetings on 1 a. and/or 27 September? Yes 0 No Ii. C JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: J--DA ' 1 6 i^eC 67- 61 Signature: a' 1 1. �w<iir Address:- 69 r L o t"9 e A £/tc 2,G.1 Phone Number (optional) �� b '' (0-- My property is in Green Meadow Estates? Yes El<To My property is elsewhere in area A-1 of the proposed annexation? -"ef. I oppose the annexation: I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No ge ( 5 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: ,e4/ Signat ru e� Address:- Phone Number (optional) , 32 7&_ My property is in Green Meadow Estates? t2 Yes 1214 My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes 1 No gr JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: 4ui a'& ✓c-1 - //c7/1 Ck • Signature: r Address:. /5 17/8�� Phone Number (optional) My property is in Green Meadow Estates? Yes 11 No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: [� I am willing to contribute financially for legal fees if necessary: 10 Yes 1 No I plan to attend the annexation meetings on 13 and/or 27 September? 1 -Yes D No 17 JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: - j: _�1‘-- mi6k 14 t be g,ZtE Signature: Ern, d``` " , Address:. 61 /7 fr cytepka &I4 J , c)Ji 75/02 —e0-5 Phone Number (optional) 0210 - Co 59 -at 7 ) My property is in Green Meadow Estates? Yes o My property is elsewhere in area A-1 of the proposed annexation? L. I oppose the annexation: 12 I am in favor of the annexation: 0 I am willing to contribute financially for legal fees if necessary: 3Yes 0 No I plan to attend the annexation meetings on 13 and/or 27 September? alTes 0 No Ai r/t-L-14.0 ) i 9, JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: L # 0 Signature: � �(/ Address:. ./ 'P -�%-r'''' ��.- -- 1 Phone Number (optional) ?/22 45-7— g/ My property is in Green Meadow Estates? Yes E No My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: Or I am in favor of the annexation: 0 I am willing to contribute financially for legal fees if necessary: ( Yes 0 No I plan to attend the annexation meetings on 13 and/or 27 September? es 0 No ll JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name:i Orr ?J 56-1e-rr Jgt-o LI; 2-- L Signature: RO Address: qgq Lower- Se 0n .° c4I�1n �X i g-10 4 Phone Number (optional) My property is in Green Meadow Estates? Yes No My property is elsewhere in area A-1 of the proposed annexation? ep I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: Yes E No I plan to attend the annexation meetings on 13 and/or 27 September? Yes D No JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: OcuyieJ 8 °e Signature: Address:- r L e`v�� �� i • 7/I •P tx. 7 7W Phone Number (optional) /62 7/a' s--62 _s—o My property is in Green Meadow Estates? Yes o My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: ni Yes El No I plan to attend the annexation meetings on 13 and/or 27 September? t "Yes No 9. JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks�f your choice. Printed N. lu=�•� Jit L- oir Signature: ! JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: --&)19--N e-+r4 C0.be. Signature: -(RuNia.a C-0--b' �6A-4-e- (/ • Cin Address:. It% Low \1ci1e, Ln, Gbolo j`, . U Phone Number (optional) 2,1D - (058 -5 7�� My property is in Green Meadow Estates? Ei Yes idNo My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: [7 Yes No I plan to attend the annexation meetings on 13 and/or 27 September? Yes -D No C JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: Signature: Address:. 2 % ! P f fa e c_k-0.-u N. L(e c k too I cz (c)g- Phone Number (optional) My property is in Green Meadow Estates? t2 Yes 1:1-KO My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: I am willing to contribute financially for legal fees if necessary: 0/Ves L No I plan to attend the annexation meetings on 13 and/or 27 September? Yes No Se JOINT PETITION TO HAVE MY PROPERTY AND ALL PROPERTY IN AREA A-1 OF THE PROPOSED ANNEXATION BY THE CITY OF CIBOLO BE EXCLUDED FROM ANY ANNEXATION BY THE CITY OF CIBOLO 3 September 2011 Please complete this form by filling in your name and address,etc and checking the blocks of your choice. Printed Name: !( 4 Li-/ C' 6 . 4, -<—�` if Signature: , ��--- Address:. �, 3 3/ &-,2.Gke r (/► //e_ 7;:= Phone Number (optional) Zj a ,S' 7 My property is in Green Meadow Estates? El Yes TEN o My property is elsewhere in area A-1 of the proposed annexation? I oppose the annexation: I am in favor of the annexation: (� I am willing to contribute financially for legal fees if necessary: (� Yes lyNo I plan to attend the annexation meetings on 13 and/or 27 September? ayes No 23 a