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RES 1412 12/14/2010 OF C�& A, O r0 TEXAS "Cil t/ ((�a�uic•c>.. RESOLUTION NO. 1412 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT HEREBY RECOGNIZES AND APPROVES ALL NON-ANNEXATION AGREEMENTS EXECUTED BETWEEN THE CITY OF CIBOLO AND PROPERTY OWNERS WITHIN THE 567.20 ACRE ANNEXATION AREA REFERRED TO AS ANNEXATION AREAS 1, 1A AND 1B, AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON SEPTEMBER 7, 2010. PROPERTIES DESCRIBED IN ALL NON- ANNEXATION AGREEMENTS ARE LOCATED EAST OF THE CORPORATE LIMITS OF THE CITY OF CIBOLO, GENERALLY BETWEEN BOLTON ROAD AND GIN ROAD AND ALONG INTERSTATE HIGHWAY 10, AND ARE LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home-rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and Page 1 WHEREAS, the City Council of the City of Cibolo, Texas, on September 14, 2010, authorized the annexation of 567.20 acres of its Extraterritorial Jurisdiction located in an area adjoining the existing City of Cibolo, Texas corporate boundary in the area described as Annexation Areas 1, IA and 1B east of the corporate limits of the City of Cibolo generally between Bolton Road and Gin Road and along Interstate Highway 10; and WHEREAS, Texas Local Government Code section 43.035(a)(2) stipulates that a municipality may not annex an area appraised for ad valorem tax purposes as land for agricultural use under Subchapter C or D, Chapter 23, Tax Code; and WHEREAS, Texas Local Government Code section 43.035(b)(1) stipulates provides that a municipality must offer to make a development agreement with landowners eligible under TLGC 43.035(a)(2)to guarantee the continuation of the extraterritorial status of the area; and WHEREAS, the City of Cibolo executed twelve (12) Non-Annexation Agreements for properties that comprise an aggregate area of 357.14 acres out of the 567.20 acre annexation areas authorized by the City Council of the City of Cibolo, Texas on September 7, 2010. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1. All Non-Annexation Agreements executed between the City of Cibolo and eligible property owners within the 567.20 acre annexation areas described in Exhibit A, are hereby recognized as being approved and in full force and effect and are attached hereto and incorporated herein as Exhibit B. SECTION 2. This resolution shall be effective from and after December 14, 2010. PASSED AND APPROVED this, the 14th day of December 2010. In.nifer artman Mayor ATTEST: Peggy Cimics City Secretary Page 2 EXHIBIT A (Field Notes) Field Notes for 567.20 (Area #1=542.53, Area #1A=14.06 and Area #113=10.61) Acres of land to be annexed into the City of Cibolo, Guadalupe County, Texas; said 542.53 Acres of land is adjacent and/or surrounded by the existing City Limits or ETJ of the City of Cibolo, Guadalupe County, Texas. AREA #1 — 542.53 Acres BEGINNING: at the most Eastern corner of a 76.70 Acre tract being listed in the Guadalupe County Appraisal District, Account No. 63574, and POINT OF BEGINNING of herein described 587.44 Acre tract. THENCE: S 58° 37' 05" W, for a distance of 1596.83' to a point; N 31° 13' 18" W, for a distance of 3333.36' to a point on the IH-10 Southern Right-of-Way; Continuing along the IH-10 Right-of-Way S 66° 12' 11" W, for a distance of 739.64' to a point; S 88° 00' 06" W, for a distance of 107.72' to a point; S 66° 12' 11" W, for a distance of 1300.21' to a point; N 82° 50' 14" W, for a distance of 116.63' to a point; S 66° 12' 11" W, for a distance of 860.52' to a point; N 32° 52' 42" W, for a distance of 339.23' to a point across IH-10 to the North Right-of-Way of I1-1-10; Continuing along the Right-of-Way of I1-1-10, N66° 25' 53" E, for a distance of 2314.26' to a point; Leaving the Right-of-Way of IH-10 and continuing along a chord of which bears N 24° 33' 56" W for a distance of 2125.83', the curve having a radius of 26400.00' and a length of 2126.41' with a central angle of 4° 36' 54" to a point; N 59° 26' 08" E, for a distance of 3764.20' to a point; S 30° 54' 34" E, for a distance of 1224.82' to a point; Page 3 N 61° 48' 23" E, for a distance of 1108.08' to a point; S 28° 40' 41" E, for a distance of 1770.94' to a point across I14-10 on the South Right-of-Way; Continuing along the South Right-of-Way of IH-10, S 66° 12' 11" W, for a distance of 237.06' to a point; Leaving the South Right-of-Way of I1-1-10, S 30° 50' 01" E, for a distance of 901.36' to a point; S 60° 16' 14" W, for a distance of 381.58' to a point; S 31' 44' 11" E, for a distance of 942.20' to a point; S 57° 31' 25" W, for a distance of 377.98' to a point on the North Right-of-Way of Santa Clara Road; Continuing along the North Right-of-Way of Santa Clara Road, S 31' O1' 35"E, for a distance of 321.64' to a point; Leaving the North Right-of-Way of Santa Clara Road, S 27° 04' 37" W, for a distance of 115.39' to a point across on the South Right-of- Way of Santa Clara Road; Leaving the South Right-of-Way of Santa Clara Road, S 59° 21' 29" W, for a distance of 1570.76' to a point; S 31' 37' 15" E, for a distance of 697.80' to the POINT OF BEGINNING and containing 542.53 Acres more or less. AREA #lA — 14.06 Acres BEGINNING: at the most Eastern corner of a 14.9480 Acre tract being listed in the Guadalupe County Appraisal District, Account No. 63496, said point also being on the North Right-of-Way of IH-10 and being the POINT OF BEGINNING of herein described 14.06 Acre tract. THENCE: Leaving the North Right-of-Way and crossing I14-10, N 32° 01' 06" W, for a distance of 323.32' to a point on the South Right-of-Way; Continuing along the South Right-of-Way of IH-10, N 66° 12' ll" E, for a distance of 1914.84' to a point; Page 4 Leaving the South Right-of-Way of IH-10 and crossing IH-10, S 31° 36' 08" E, for a distance of 322.99' to a point on the North Right-of- Way of IH-10; Continuing on the North Right-of-Way of IH-10, S 66° 12' 11" W, for a distance of 1912.54' to the POINT OF BEGINNING and containing 14.06 Acres more or less. AREA #1B — 10.61 Acres BEGINNING: on the South Right-of-Way line of IH-10 and at the Northeast corner of a 1.22 Acre tract; said tract being listed in the Guadalupe County Appraisal District, Account No. 63432, and being the POINT OF BEGINNING of herein described 10.61 Acre tract. THENCE: Continuing along the South Right-of-Way of IH-10, S 66° 12' 11" W, for a distance of 347.92' to a point; S 60° 29' 33" W, for a distance of 201.00 to a point; S 66° 12' 1.1" W, for a distance of 1000.79 to a point; Leaving the South Right-of-Way of I1-1-10, N 21° 14' 47" E, for a distance of 523.66' to a point on the North Right-of-Way of III-10; Continuing along the North Right-of-Way of IH-10, N 66° 12' 11" E, for a distance of 314.73' to a point; S 23° 47' 49" E, for a distance of 30.00' to a point; N 66° 12' 11" W, for a distance of 816.21' to a point; Leaving the North Right-of-Way of I1-1-10, S 32° 11' 24" E, for a distance of 323.46' to the POINT OF BEGINNING and containing 10.61 Acres more or less. Page 5 EXHIBIT A (Graphically) �- i � iNtIRtaLi n. I CCx%TRY IN 1 ' _.-.._.. 1.'. � COUNTRY LN. � •.� I i � — — I ;. — ----------- —`I j j _ 1 s I j j•y ,; j I I AREA#1A I 10.61 AC. t AREA#1 A SOLTONRD 14.06 AC. - � I i P.0.8.AREA#IA i IN 10` 3r•- a i AREA#1 3y .0.8.AREA#1 [:a 542.53 AC. wj _. •- to/1�� •' FT � . x POB_AREA nl 1 AM T_ GIN- '—- - --1--- _ aofo - __ - `"R ! -CI TY LIMIT'S AND ETJ MAPS KLEIN c.r ---'- ---- OF T}IE CITY OE CIBOLO IN ENGINEERING.INC. Page 6 EXHIBIT B EXECUTED NON-ANNEXATION AGREEMENTS (ATTACHED) Page 7 CITY OF CIBOLO NON ANNE I�ON 2010 i. DEVELOPMENT AGREEME This DEVELOPMENT AGREEMENT ("Agreement"), dated , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, T XAS, a ome rule municipa ' ocated in Guadalupe County, Texas ("City"), and ��- ("Landowner"); _____t_�� WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon 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 1 CITY OF CIBOLO NON ANNE ! I1-0N 2010 DEVELOPMENT AGREEME T This DEVELOPMENT AGREEMENT ("Agreement"), dated q , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a ome fru-1—emrZ* * a ' o ated in Guadalupe County, Texas ("City"), and c1 ' w ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counters s. 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 Awh 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 } (1 B By: ►i-,v t I i� Y: B e earson,Ctbolo City Manager or Address: Anderson, senior Plat►ner City: State/Zip: Date: Zip Date: Ct- city of Cibolo TLGC§43.035 Development Agreement Page 4 of 4 EXECUTED by the parties hereto to be effective as of the date fust set forth above. City of Cibolo,a home rule municipality in Landowner; Guadalupe County,Texas JBPearrso,n,c bolo C or Address:Arson,Senior Planner City: Sci V a Y, Y1 stawzip: -t—,Y\ 7 4, 7 Bate: /.0 L—L u Date: D l f Z o City of Cibolo AIOW- TLGC§43.035 Development Agreemew Page 4 of 4 Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses I-& appeared in person before me today and stated under oath: "My name is�J/ f u, . I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at r-Tt P,Y t T '70 -7 9 b Said property l-e a--Q- 1Degc 'a, F} P, 5 -3 t 3 Su r -�. �o rr� s p perty is appraised for ad valorem tax purposes under the Texas Tax Code for �r Gn ' purposes." "Further,my property is currently being used for the following uses a ' Signed: Printed Name: (,//,, SIGNED under oath before me on ,2010. r VIVIAN T NGUYEN Notary Public STATE OF TEXAS f 1 My comm.Exp.sept. otary Public, State of Texas Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses F. &o appeared in person before me today and stated under oath: "My name is ay-q k-e LA 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 70 9qc� ��flProaw} 313 Skr-� T�-res Said property is appraised for ad valorem tax purposes under the Texas Tax Code for 15�d r-lc ztZ ta-r42 purposes." "Further, my property is currently being used for the following r uses: \Ij Signed: �2A I_u Printed Name Q r SIGNED under oath before me on. S���pc r , 2010. SVPYN BENNY RODRIGUEZNOTARY PUBLICSTATEOFTEXAS Notary Public, to of Texas MY COMM.EXP.06/18/2014 Vuat4aiuyG, i ivpGlty LGLanij ra�,c 1 vi Guadalupe CAD Property Search Results > 70990 MURPHEY JOANN F & CLAUDETTE JUNE TURK for Year 2010 Property Account Property ID: 70990 Legal Description: ABS:313 SUR: G TORRES 131.9100 AC. Geographic ID: 2G0313-0000-02800-0-00 Agent Code: Type: Real Location Address: WEBER HOESE LN Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-7 Neighborhood CD: IH10W Owner Name: MURPHEY JOANN F&CLAUDETTE JUNE TURK Owner ID: 125126 Mailing Address: 606 SPRINGVALE %Ownership: 100.0000000000% SAN ANTONIO, TX 78227 Exemptions: Values (+)Improvement Homesite Value: + $0 0010,11, (+)Improvement Non-Homesite Value: + $250 +)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $5,336 Ag/Timber Use Value (+)Agricultural Market Valuation: + $698,398 $16,986 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $703,984 (—}Ag or Timber Use Value Reduction: — $681,412 (_)Appraised Value: _ $22,572 (-j HS Cap: — $0 (_)Assessed Value: _ $22,572 Taxing Jurisdiction Owner: MURPHEY JOANN F&CLAUDETTE JUNE TURK %Ownership: 100.0000000000% Total Value: $703,984 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $22,572 $22,572 $0.00 GCO GUADALUPE COUNTY 0.334500 $22,572 $22,572 $75.50 LTR LATERAL ROAD 0.055000 $22,572 $22,572 $12.41 MAS MARION ISD 1.220000 $22,572 $22,572 $275.38 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $363.29 Taxes w/o Exemptions: $363.30 Improvement t Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=70990 9/1/2010 k-�uauaauyc,",ru. - rlupclty ,icuu1b rage L of G Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $250 Type Description Class CD Exterior Wall Year Built SOFT F/V FLAT VALUE F/V 0.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 90.9100 3920400.00 0.00 0.00 $484,999 $14,546 2 D5A NATIVE AVG 30.0000 1306800.00 0.00 0.00 $160,050 $1,740 3 D5A NATIVE AVG 10.0000 435600.00 0.00 0.00 $53,349 $700 4 G31 G31 1.0000 43560.00 0.00 0.00 $5,336 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $250 $703,734 16,986 22,572 $0 $22,572 2009 $250 $422,763 16,815 20,270 $0 $20,270 2008 $250 $316,083 16,452 19,098 $0 $19,098 2007 $250 $263,402 15,989 18,236 $0 $18,236 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 11/23/2009 12:00:00 AM SWD SPECIAL WARRANTY DEED BLUMBERG VIOLE' MURPHEY JOANN 2821 0426 2 5/30/1991 12:00:00 AM OT OTHER BLUMBERG VIOLE' 953 678 Questions Please Call (830) 303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.tr-ueautomation.com/clientdb/Property.aspx?prop_id=70990 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations 4 CITY OF CIBOLO NON ANNE DEVELOPMENT AGREEME I CT 10 sy This DEVELOPMENT AGREEMENT ("Agreement"), dated � , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a home rule cipality located in Guadalupe County, Texas ("City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations 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 Rim 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 B By: y: B earson, Cibolo City Manager or Address: �•O . �O JC a+ dal Anderson, Senior Planner �/` Q �,1 lo City: State/Zip: X , a Date: Date: �"--L q 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 ATT P� 65uq!a--appeared in person before me today and stated under oath: Wy name is Ooi\yA�nr,- �e( GfArZ C- I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at ' D Y2-0 —T j0 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for t C,k purposes." "Further, my property((is currently being used for the following uses: C- (""�LL4-c-o, V Signed: Printed Name: 2 �Q�'Z Ct--- SIGNED under oath before me on /p _ y -i v , 2010. RY Pr bi PEGGV CIMI •°' ^` Notary Public,state of Texas]My commission Expires Notary Public, State of Texas August 07, 2014 nnnn• Guadalupe CAL) - Property Details rage i Ur � Guadalupe CACI Property Search Results > 71014 PFANNSTIEL SAMMY for Year 2010 Property Account Property ID: 71014 Legal Description: ABS:313 SUR:G TORRES 1.0600 AC. Geographic ID: 2G0313-0000-04800-0-00 Agent Code: Type: Real Location Address: 10420 W IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: PFANNSTIEL SAMMY Owner ID: 58108 Mailing Address: P O BX 215 %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $60,861 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $40,057 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_}Market Value: _ $100,918 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $100,918 (—}HS Cap: — $0 (_)Assessed Value: _ $100,918 Taxing Jurisdiction Owner: PFANNSTIEL SAMMY %Ownership: 100.0000000000% Total Value: $100,918 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $100,918 $100,918 $0.00 GCO GUADALUPE COUNTY 0.334500 $100,918 $100,918 $337.57 LTR LATERAL ROAD 0.055000 $100,918 $100,918 $55.50 MAS MARION ISD 1.220000 $100,918 $100,918 $1,231.20 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $1,624.27 Taxes w/o Exemptions: $1,624.28 Improvement/ Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71014 9/l/2010 vuauampe tiu - rruperty uetaus rage L of L Improvement#1: COMMERCIAL State Code: F1 Living Area: 2552.0 Value: $60,861 sqft Type Description Class CD Exterior Wall Year Built SQFT COM COM MAIN AREA OBDL 0 952.0 CNP COM CANOPY 2000 1250.0 PP PARKING& PAVING PPC3 0 7800.0 COM COM MAIN AREA SGDF 0 1600.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G28 G28 1.0600 43560.00 0.00 0.00 $29,807 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $10,250 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $60,861 $40,057 0 100,918 $0 $100,918 2009 $52,237 $24,069 0 76,306 $0 $76,306 2008 $52,237 $19,255 0 71,492 $0 $71,492 2007 $45,132 $18,448 0 63,580 $0 $63,580 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume -Page 1 7/31/1997 12:00:00 AM OT OTHER PFANNSTIEL SAMIP 1285 0858 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71014 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations 1 CITY OF CIBOLO NON ANNEX Q� DEVELOPMENT AGREEME OCT 1 9 2010 By This DEVELOPMENT AGREEMENT ("Agreement"), dated I O-- ` q , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEAS, a home rule—municipality located- in ocated in Guadalupe County, Texas ("City"), and s0L M M c 1i:0-TN rN 5 2. ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page i of 4 TLGC§43.035 Development Agreement AOW 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. Assianment; Binding Effect. The parties may not assign this Agreement to any other person or entity without the prior written consent of the other; provided, however, that no such assignment shall operate to release the assigning party from its obligations hereunder. This Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the City and the Landowner and their respective successors and assigns, including all future owners of the Property. 11. Duration; Expiration. This Agreement shall be in effect for eight (8) years from the date signed by the parties. Upon the expiration of this Agreement, the Landowner and Landowner's successors, heirs or assigns agree to the voluntary annexation of the property with this Agreement serving as a petition for voluntary annexation. 12. Counterparts. To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. A facsimile transmission shall be deemed to be an original signature. City of Cibolo Page 3 of 4 TLGC§43.035 Development Agreement AO"' EXECUTED by the parties hereto to be effective as of the date first set forth above. City of Cibolo, a home rule cipality in Landowner: Guadalupe County, Texa By: By: Scxmm LA B e Pearson, Cibolo City Manager or Address: ©� a dal Anderson, Senior Planner � City: ,'� 1 State/Zip: �� e) a LA Date: % (7 / 7 /10 Date: O-'\ C) — 0 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 60 Za peared in person before me today and stated under oath: c "My name is 90r29-. 1 am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at 10 4 1 C) ` 4 10 0 Said property is appraised for ad valorem tax purposes under the Texas Tax Code for �t�'('I G U. �'Z i('� t purposes." "Further, my property is currently being used for the following uses: Q 2y-k,ccx k A-Lk M Signed: Printed Name: G C(r z q,- SIGNED under oath before me on I o -/ �! —l c� , 2010. PEGGY CIMICS /`c ZL:=2 i Notary Public,state of Texas My Commission Expires Notary Public, State of Texas %;•,���;�:;� August 07, 2014 Wadatupe CAU -Property lietaits Page 1 of 1 Guadalupe CAD Property Search Results > 71075 PFANNSTIEL SAMMY for Year 2010 Property Account Property ID: 71075 Legal Description: ABS: 313 SUR:G TORRES 2.9300 AC. Geographic ID: 2G0313-0000-10600-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: PFANNSTIEL SAMMY Owner ID: 58141 Mailing Address: P O BOX 215 %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: + $82,392 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $82,392 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $82,392 (—)HS Cap: — $0 (=)Assessed Value: _ $82,392 Taxing Jurisdiction Owner: PFANNSTIEL SAMMY %Ownership: 100.0000000000% Total Value: $82,392 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $82,392 $82,392 $0.00 GCO GUADALUPE COUNTY 0.334500 $82,392 $82,392 $275.60 LTR LATERAL ROAD 0.055000 $82,392 $82,392 $45.32 MAS MARION ISD 1.220000 $82,392 $82,392 $1,005.18 Total Tax Rate: 1.609500 Taxesw/Current Exemptions: $1,326.10 Taxes w/o Exemptions: $1,326.10 Improvement/Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71075 9/1/2010 Guadalupe'CAU- Property lletails rage or Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G28 G28 2.9300 87120.00 0.00 0.00 $82,392 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $82,392 0 82,392 $0 $82,392 2009 $0 $49,254 0 49,254 $0 $49,254 2008 $0 $39,403 0 39,403 $0 $39,403 2007 $0 $37,173 0 37,173 $0 $37,173 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 2/21/1997 12:00:00 AM OT OTHER PFANNSTIEL SAMP 1254 0298 Questions Please Call (830)303-3313 Website version:1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. low- http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71075 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations Al 0 0 a r\ O `1%9~00"���� OCT 2 0 2010 TC x As "City of Choice" By September 9, 2010 VIA: CERTIFIED MAIL Scheel Family Trust No.2 C/O Bernice Friesenhahn 8045 Bindsell San Antonio,Tx 78266 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[2101658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[2101658-1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated October 20 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and Scheel Family Trust No. 2 ("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 municip ' in Landowner: Scheel Family Trust No. 2 Guadalupe County, Texas By: - By' ernice z>. t'riesennalan, Trustee Bru arson, Cibolo City Manager or Address: 8045 Bindseil Ran Anderson, Senior Planner City: San Antonio, Texas 78266 2107 State/Zip: Texas 78266-2107 Date: l v U l U Date: October 20, 2010 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 Bernice S. Friesenhahn appeared in person before me today and stated under oath: "My name is Bernice S. Friesenhahn . I am competent to make this affidavit. Trustee of Scheel Family Trust No. 2 The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at ABS: 134 Sur: Jose Flores, 65.46 Acres Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Agricultural Use purposes." "Further, my property is currently being used for the following uses: Planting, Growing and Harvesting Corn and Grain Sorghum Signed: ,t Printed Name: Bernice S. Friesenhahn f�y Trustee of Scheel Family Trust No. 2 SIGNED under oath before me on aAckm c� , 2010. �aaaaaaaaaaa+�aaaaaaaaaaaaaa ANGEL SHACKELFORD y * Notary Public y State of1'sxas Notary Pu c, State of Texas OF Comm.Exp.OZ-O&2014 Guadalupe CAD - Property lleta>lls rage i ul � Guadalupe CAD Property Search Results > 63501 SCHEEL FAMILY TRUST NO.2 for Year 2010 Property Account Property ID: 63501 Legal Description: ABS: 134 SUR: JOSE FLORES 65.4600 AC. Geographic ID: 2G0134-0000-09900-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: SCHEEL FAMILY TRUST NO.2 Owner ID: 51547 Mailing Address: BERNICE S FRIESENHAHN TRUSTEE %Ownership: 100.0000000000% 8045 BINDSEIL SAN ANTONIO,TX 78266-2753 Exemptions: Values (+)Improvement Homesite Value: + $0 epow (+)Improvement Non-Homesite Value: + $0 (+)Land Hcmesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $839,465 $10,474 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $839,465 (—)Ag or Timber Use Value Reduction: — $828,991 (_)Appraised Value: _ $10,474 (—)HS Cap: — $0 (_)Assessed Value: _ $10,474 Taxing Jurisdiction Owner: SCHEEL FAMILY TRUST NO.2 %Ownership: 100.0000000000% Total Value: $839,465 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $10,474 $10,474 $0.00 GCO GUADALUPE COUNTY 0.334500 $10,474 $10,474 $35.04 LTR LATERAL ROAD 0.055000 $10,474 $10,474 $5.76 MAS MARION ISD 1.220000 $10,474 $10,474 $127.78 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $168.58 Taxes w/o Exemptions: $168.58 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63 501 9/1/2010 Uuaaampe L,u -rroper[y vetaiis rage 2 of L No improvements exist for this property. Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 133A TILLABLE AVG 65.4600 2831400.00 0.00 0.00 $839,465 $10,474 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $839,465 10,474 10,474 $0 $10,474 2009 $0 $511,869 10,408 10,408 $0 $10,408 2008 $0 $409,495 10,212 10,212 $0 $10,212 2007 $0 $308,705 10,015 10,015 $0 $10,015 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 12/20/2001 12:00:00 AM OT OTHER SCHEEL FAMILY TI 1680 0621 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63501 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION a M cr F—UAV VELOPMENT AGREEMENT OCT 4 2010 BY NT AGREEMENT ("Agreement"), dated C) , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and T° " /—M VU ("Landowner"); Tom 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 AOW 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 Cibol home rule uta cipality in Landowner: Guadalup o ty, Tex By: By' �1 A) � u B earson, Cibo\lZiT tty Manager or Address: 70� 1��jQ F P4,LN dal Anderson, Senior Planner City: State/Zip: LET)( ,A-S 7'9,21 V — Date: Date: LGt 3 a ze-/0 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 DIIJA -M! NP - V LJ appeared in person before me today and stated under oath: "My name is_T kL.J A Al_ M j R f 14 _ VU . 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 1-11451 W. T H 10 Said property is appraised for ad valorem tax purposes under the Texas Tax Code forpurposes." "Further, my property is currently being used for the following uses: c '44 24 l Signed: Printed Name: a AN - M / N H YyLJ SIGNED under oath before me on2010. 6L�9lz—PUTM CR� Pis X m STATE Ai"S t�F TEXAS Notary Public, State of Texas f My comm.Exp.03-21-11 �juactaiupe LAD - rroperty lietaiis rage i of Guadalupe CAD Property Search Results > 63574 VU THUAN M for Year 2010 Property Account Property ID: 63574 Legal Description: ABS: 134 SUR:JOSE FLORES 76.7000 AC Geographic ID: 2G0134-0000-12800-0-00 Agent Code: Type: Real Location Address: 11151 W IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: VU THUAN M Owner ID: 96184 Mailing Address: 7203 DWARF PALM %Ownership: 100.0000000000% SAN ANTONIO, TX 78218 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: + $485,147 $12,272 (+}Timber Market Valuation: + $0 $0 (_)Market Value: _ $485,147 (—)Ag or Timber Use Value Reduction: — $472,875 (=)Appraised Value: _ $12,272 (—)HS Cap: — $0 (_)Assessed Value: _ $12,272 Taxing Jurisdiction Owner: VU THUAN M %Ownership: 100.0000000000% Total Value: $485,147 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $12,272 $12,272 $0.00 GCO GUADALUPE COUNTY 0.334500 $12.272 $12,272 $41.05 LTR LATERAL ROAD 0.055000 $12,272 $12,272 $6.75 MAS MARION ISD 1.220000 $12,272 $12,272 $149.72 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $197.52 Taxes w/o Exemptions: $197.52 Improvement/ Building - No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63574 9/1/2010 lfuadalupe L;AU - rroperty vetaus ra�C ui Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 76.7000 3341052.00 0.00 0.00 $485,147 $12,272 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $485,147 12,272 12,272 $0 $12,272 2009 $0 $434,705 18,190 18,190 $0 $18,190 2008 $0 $325,013 17,846 17,846 $0 $17,846 2007 $0 $270,843 17,503 17,503 $0 $17,503 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 11/21/2006 12:00:00 AM WD WARRANTY DEED HERNDON SUZANI VU THUAN M 2402 0231 2 2/21/2001 12:00:00 AM OT OTHER HERNDON SUZANI 1622 0577 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on: 8/23/2010 8:43 ®2010 True Automation,Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63574 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations `l OF C/ 0 r = o it a 7' £ X AS "City of Choice" September 9, 2010 VIA: CERTIFIED MAIL Vu Thuan 7203 Dwarf Palm San Antonio,Tx 78218 Re: Non-Annexation Agreement Dear Property Owner, rhe City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the some manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate ,our acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [2101 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street. PO Box 826.Cibolo.Texas.78108.main [2101 658.9900.fax[2101 658.1687 0 �7 �, < 1 r � o flip £ X A "City of Choice" OCT 2 0 N10 September 9, 2010 By VIA: CERTIFIED MAIL Ralph A & Gladys Haecker 8205 Trainer Hale Rd Schertz, Tx 78154 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural, wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson,Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, Randy Anderson Senior Planner City of Cibolo Enclosures low 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210]658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality loc ed 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 AVK 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 Governiniz. 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 lo, a home rule m 'cipali in Landowner: k Guad lup ounty, Texas AGK By: By: ^ Bru a son, Cibolo City Manager or Address: 0 R dal derson, Senior Planner City: State/Zip: 7Y1,SY Date: v l G Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses ed in person before me today and stated under oath: "My name is L01&A 4 4.94I 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 -4h& ,�� a/z � Said property is appraised for ad valorem tax purposes under the Texas Tax Code forA.- purposes." "Further, my property is currently being used for the following uses: Signed: Printed Name: 4 ,ckey SIGNED under oath before me on ( , 2010. �,a�aa�aaaa�aaaa�aaaa�a�a�aA� �,SMY LYNDA R.JACKSON a, k6e--000 * * Notary Public No Public, Stateo61� as State of Texas '�oa Comm.Exp.10-27-2012 y �G�G�G�G�G�G�C�LLsG�GSC�G�L�GGsG�G*d�G�GtGtisLiG�Y uuaaaiupe t-au - rroperty ueimis rage 1 of 1 Guadalupe CAD ; Property Search Results > 63368 HAECKER RALPH A & GLADYS for Year 2010 Property Account Property ID: 63368 Legal Description: ABS: 134 SUR:JOSE FLORES 34.2580 AC. Geographic ID: 2G0134-0000-03900-0-00 Agent Code: Type: Real Location Address: SANTA CLARA RD Mapsco: Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: HAECKER RALPH A&GLADYS Owner ID: 86393 Mailing Address: 8205 TRAINER HALE ROAD %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: + $123,513 $5,892 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $123,513 (—)Ag or Timber Use Value Reduction: — $117,621 (_)Appraised Value: _ $5,892 (—)HS Cap: — $0 (_)Assessed Value: _ $5,892 Taxing Jurisdiction Owner: HAECKER RALPH A&GLADYS %Ownership: 100.0000000000% Total Value: $123,513 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $5,892 $5,892 $0.00 GCO GUADALUPE COUNTY 0.334500 $5,892 $5,892 $19.70 LTR LATERAL ROAD 0.055000 $5,892 $5,892 $3.24 MAS MARION ISD 1.220000 $5,892 $5,892 $71.88 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $94.82 Taxes w/o Exemptions: $94.83 Improvement/ Building No improvements exist for this property. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63368 9/1/2010 vuauwu.pc %-Puj - rtupctty rage L oI L Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 34.2580 1481040.00 0.00 0.00 $123,513 $5,892 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $0 $123,513 5,892 5,892 $0 $5,892 2009 $0 $121,687 5,892 5,892 $0 $5,892 2008 $0 $113,727 5,892 5,892 $0 $5,892 2007 $0 $103,538 5,892 5,892 $0 $5,892 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 4/13/2005 12:00:00 AM GD GIFT DEED HAECKER RALPH HAECKER RALPH i 2149 0599 2 4/28/1986 12:00:00 AM OT OTHER HAECKER RALPH 766 1011 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63368 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations O f C 460 ,,,INNIOrgy� O rA� O rE7 X As "City of Choice" September 9, 2010 VIA: CERTIFIED MAIL Ralph A & G Haecker 8205 Trainer Hale Rd Schertz,Tx 78154 a�oL o ti loo Re: Non-Annexation Agreement ` Q Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural, wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizes enforcement by the City of certain land use and development regulations. Please review the attached agreement very closely as it sets out in writing certain rights and responsibilities of the City and you. The City urges you to obtain legal advice in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we will consider the proposed agreement to be rejected and will proceed with the annexation of the Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas, 78108 main [210] 658.9900.fax[210] 658.1687 If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.gov We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cwt Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas.78108.main [210] 658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated � �a , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipa ity located in Guadalupe County, Texas ("City"), and /Qd 4eae_y' ("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 asany 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 Cibo , a home rule m cipal' in Landowner: RG�� 1 _/_ Guadalupe unty, Texas chi' By: By: d S61 e Pearson, Cibolo City Manager or Address: e Can" Anderson, Senior Planner City: State/Zip: Date: �" � � G �/ Date: G�s�/ �j r zc)/b 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 eare in per on before me today and stated under oath: Q. �c2C;c=�,'�L. "My name is / I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowled e and are true and correct. I am the owner of the property located at Said property is appraised for ad valorem tax purposes under the Texas Tax Code for urposes." "Further, my property is currently being used for the following uses: A44 q• J113 c'.4-C4 Signed: q Printed Name: 94ec-kell SIGNED under oath before me on , 2010. LYNDA R.JACKSON *n* NQta�y public +NoPub4lic, State exas os '` cf Texasy Comm.�xr.10-27-2012 y vuaaampe LPW -rroperry vetaus Page i of 2 t Guadalupe CA® Property Search Results > 63369 HAECKER RALPH A & G for Year 2010 Property Account Property ID: 63369 Legal Description: ABS: 134 SUR:JOSE FLORES 40.5000 AC. Geographic ID: 2G0134-0000-03920-0-00 Agent Code: Type: Real Location Address: SANTA CLARA RD Mapsco: Neighborhood: Map ID: Q-6 Neighborhood CD: Owner Name: HAECKER RALPH A&G Owner ID: 51449 Mailing Address: 8205 TRAINER HALE RD %Ownership: 100.0000000000% SCHERTZ,TX 78154 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement.Non-Homesite Value: + $1,590 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $146,018 $6,480 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $147,608 (—)Ag or Timber Use Value Reduction: — $139,538 (_)Appraised Value: _ $8,070 (—)HS Cap: _ $0 (=)Assessed Value: _ $8,070 Taxing Jurisdiction Owner: HAECKER RALPH A&G %Ownership: 100.0000000000% Total Value: $147,608 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $8,070 $8,070 $0.00 GCO GUADALUPE COUNTY 0.334500 $8,070 $8,070 $27.00 LTR LATERAL ROAD 0.055000 $8,070 $8,070 $4.44 MAS MARION ISD 1.220000 $8,070 $8,070 $98.46 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $129.90 Taxes w/o Exemptions: $129.89 Improvement/Building Improvement#1: RESIDENTIAL State Code: E3 Living Area: sgft Value: $1,590 http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63369 9/1/2010 kruaaaiupe t;AIJ- rroperry veiaiis rags ul � Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WBD 0 1200.0 BARN BARN WBD 0 280.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 40.5000 1742400.00 0.000.00 $146,018 $6,480 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $1,590 $146,018 6,480 8,070 $0 _. $8,070 2009 $1,590 $143,860 6,440 8,030 $0 $8,030 2008 $0 $134,448 6,318 6,318 $0 $6,318 2007 $0 $122,404 6,197 6,197 $0 $6,197 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 12/12/1984 12:00:00 AM OT OTHER HAECKER RALPH) 725 683 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63369 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated a2/ , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a ho e rule municipality located in Guadalupe County, Texas ("City"), and On, I V,4 ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement (the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page 1 of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo 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 ipali in Landowner: Guadalupe ty, Texas B e arson, Cibolo City anager or Address: 1 d p Anderson, Senior Planner City: _l�Aid-1 D AJ 7k State/Zip: Date: Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses e-" 4e� Lappeared in person before me today and stated under oath: "My name is t)c)rtlNA A S-- o - ��--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 _l0 41 �o l0 MA-Ilaq/ Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Cyl(rma'na (2, purposes." "Further, my property is currently being used for the following Signed: Printed Name: QAJAIZ SIGNED under oath before me on bp,� a ap I L , 2010. uuw,� PAMELA TRACEY FOSTER Notary Public,State of Texas My Commission Expires July 08, 2014 Notary Public, State of T as uuauaiuyc 1-mLallb raga i vi Guadalupe CAD Property Search Results > 71055 SCHMOEKEL DONNA for Year 2010 Property Account Property ID: 71055 Legal Description: ABS:313 SUR:G TORRES 3.0000 AC. Geographic ID: 2G0313-0000-09200-0-00 Agent Code: Type: Real Location Address: 10494 W IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: SCHMOEKEL DONNA Owner ID: 79387 Mailing Address: 1601 SCHMOEKEL RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $500 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $84,261 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $84,761 (—)Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $84,761 (—}HS Cap: — $0 (_)Assessed Value: _ $84,761 Taxing Jurisdiction Owner: SCHMOEKEL DONNA %Ownership: 100.0000000000% Total Value: $84,761 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax . ... .. ...... . .. CAD APPRAISAL DISTRICT 0.000000 $84,761 $84,761 $0.00 GCO GUADALUPE COUNTY 0.334500 $84,761 $84,761 $283.53 LTR LATERAL ROAD 0.055000 $84,761 $84,761 $46.62 MAS MARION ISD 1.220000 $84,761 $84,761 $1,034.09 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $1,364.24 Taxes w/o Exemptions: $1,364.23 Improvement/ Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71055 9/1/2010 vuauaiupv ivYviLy Lciauz, ragC G U!G Improvement#1: RESIDENTIAL State Code: A3 Living Area: sqft Value: $500 Type Description Class CD Exterior Wall Year Built SQFT F/V FLAT VALUE FN 400.0 Land # Type Description Acres Sgft Eff Front Eff Depth Market Value Prod.Value 1 G28 G28 3.0000 130680.00 0.00 0.00 $84,261 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $500 $84,261 0 84,761 $0 $84,761 2009 $500 $50,371 0 50,871 $0 $50,871 2008 $500 $40,297 0 40,797 $0 $40,797 2007 $500 $38,016 0 38,516 $0 $38,516 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 4/26/2004 12:00:00 AM WD WARRANTY DEED STEFFEN ELTA T SCHMOEKEL DONI 2017 0835 2 OT OTHER STEFFEN ELTA T 214 8 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=71055 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations 1 1 CITY OF CIBOLO NON ANNEX DEVELOPMENT AGREEME ocr 7 2010 By This DEVELOPMENT AGREEMENT ("Agreement"), dated 101112.01(2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXS, a home rule unicipality located in Guadalupe County, Texas ("City"), and 12'a fPCe ("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] 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 x 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 rul unic'pality in Landowner: Guad County, Tex By: Aloe, >V By: ��B P son, Cibolo City M or Address: R dal derson, Senior Planner City: Z%L D IN State/Zip: Date: Date: Q o20 L� a, City of Cibolo Pagge 4 of 4 TLGC§43.035 Development Agreement a Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses 0.,ni, # ke,-U appeared in person before me today and stated under oath: "My name is 11A IiPQiq 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 Z24M d , Aaj-�'otx 7k. Said property i appraised for ad valorem tax purposes under the Texas Tax Code r. for f urposes." "Further, my property is currently being used for the following uses: /4 Signed: I,— Printed Name: SIGNED under oath before me on '7A �C P h , 2010. t Notary Public, Stat of Texas \Judud1upu k-tw-r1VPG1Ly 11GLa11J ragc 1 Vl G Guadalupe CAD Property Search Results > 63972 MEYER VALESKA H for Year 2010 Property Account Property ID: 63972 Legal Description: ABS: 141 SUR: F GARCIA 14.0000 AC. Geographic ID: 2G0141-0000-00800-0-00 Agent Code: Type: Real Location Address: BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: MEYER VALESKA H Owner ID: 51502 Mailing Address: 779 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $1,026 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $216,829 $2,240 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $217,855 (—)Ag or Timber Use Value Reduction: — $214,589 (_)Appraised Value: _ $3,266 (—)HS Cap: — $0 (_}Assessed Value: _ $3,266 Taxing Jurisdiction Owner: MEYER VALESKA H %Ownership: 100.0000000000% Total Value: $217,855 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $3,266 $3,266 $0.00 GCO GUADALUPE COUNTY 0.334500 $3,266 $3,266 $10.93 LTR LATERAL ROAD 0.055000 $3,266 $3,266 $1.80 MAS MARION ISD 1.220000 $3,266 $3,266 $39.84 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $52.57 Taxes w/o Exemptions: $52.57 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63972 9/1/2010 vuauaiupe %,i-vu- rroperry lietaus Yage 1 of 1 Improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $1,026 Type Description Class CD Exterior Wall Year Built SQFT BARN BARN WSD 0 1800.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3A TILLABLE AVG 14.0000 609840.00 0.00 0.00 $216,829 $2,240 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $1,026 $216,829 2,240 3,266 $0 $3,266 2009 $1,026 $132,213 2,226 3,252 $0 $3,252 2008 $1,026 $105,770 2,184 3,210 $0 $3,210 2007 $983 $80,129 2,142 3,125 $0 $3,125 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page __ 1 9/24/1990 12:00:00 AM OT OTHER MEYER VALESKA I 930 16 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63 972 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations 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 low 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations CITY OF CIBOLO NON ANNE - .n DEVELOPMENT AGREEM �__ II,I OCT 7 2010 This DEVELOPMENT AGREEMENT ("Agreement"), dated 10 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TE S, a lit rule municipality located in Guadalupe County, Texas (``City"), and ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assignment; BindingEffect. 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 un' i ality in Landowner: Guad p County, Tex s By. ' Bruc a son, Cibolo City Man o Address: Rand derson, Senior Planner n City: / 4 iA f—f 0 y . State/Zip: �/� S �, Date: Date: U V 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 1161 lT ,' appeared in person before me today and stated under oath: "My name is 1W( 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 "'7--/q. ���!► , /�(�`�Uh / �� Said propert is appraised/for ad valorem tax purposes under the Texas Tax Code for nLpurposes." "Further, my property is currently being used for the following uses: r ci� I �Lr C Signed: )w-z -eA Printed Name: I ko- SIGNED under oath before me on , 2010. 3. LAURIE1.rum R t1 IbtOry" Notary Public, State Texas Guadalupe CAD - Property Details rage i of � Guadalupe CAD Property Search Results > 63435 MEYER VALESKA H for Year 2010 Property Account Property ID: 63435 Legal Description: ABS: 134 SUR:JOSE FLORES 48.2000 AC. Geographic ID: 2G0134-0000-06900-0-00 Agent Code: Type: Real Location Address: IH 10 Mapsco: TX Neighborhood: IH 10 WEST Map ID: Q-6 Neighborhood CD: IH10W Owner Name: MEYER VALESKA H Owner ID: 51502 Mailing Address: 779 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $6,212 (+)Land Homesite Value: + $0 (+)Land Non-Homesite Value: + $0 Ag!Timber Use Value (+}Agricultural Market Valuation: + $746,505 $7,712 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $752,717 (—}Ag or Timber Use Value Reduction: — $738,793 (_)Appraised Value: _ $13,924 (—)HS Cap: — $0 (_)Assessed Value: _ $13,924 Taxing Jurisdiction Owner: MEYER VALESKA H %Ownership: 100.0000000000% Total Value: $752,717 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $13,924 $13,924 $0.00 GCO GUADALUPE COUNTY 0.334500 $13,924 $13,924 $46.58 LTR LATERAL ROAD 0.055000 $13,924 $13,924 $7.66 MAS MARION ISD 1.220000 $13,924 $13,924 $169.87 Total Tax Rate: 1.609500 * Taxes w/Current Exemptions: $224.11 Taxes w/o Exemptions: $224.11 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=6343 5 9/1/2010 vuauaiullu %,ruj -riuycity LuLdllb rage L OI L improvement#1: RESIDENTIAL State Code: E3 Living Area: sqft Value: $6,212 Type Description Class CD Exterior Wall Year Built SQFT F/V FLAT VALUE F/V 0.0 BARN BARN WSD 1200.0 BARN BARN WSD 648.0 BARN BARN PBD 480.0 BARN BARN WSD 480.0 BARN BARN WSD 800.0 F/V FLAT VALUE F/V 0.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 48.2000 2090880.00 0.00 0.00 $746,505 $7,712 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $6,212 $746,505 7,712 13,924 $0 $13,924 2009 $6,212 $455,186 7,664 13,876 $0 $13,876 2008 $6,212 $364,149 7,519 13,731 $0 $13,731 2007 $6,029 $275,870 7,375 13,404 $0 $13,404 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/24/1990 12:00:00 AM OT OTHER MEYER VALESKA t 930 16 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63435 9/1/2010 \ a CITY OF CIBOLO NON ANNEXA 1T - DEVELOPMENT AGREEME OCT 7 2010 By _ This DEVELOPMENT AGREEMENT ("Agreement"), dated 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a h, ne rue municipality located in Guadalupe County, Texas ("City"), and Z e til' ("Landowner"); WHEREAS, Landowner owns certain real property located in Guadalupe County, Texas that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter of the Tax Code and such real property being more particularly depicted in Exhibit A attached hereto and incorporated into this agreement(the "Property"); WHEREAS, Texas Local Government Code Section 43.035 requires that before unilateral annexation of a property which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter that a municipality must offer a development agreement to said property owner pursuant to Texas Local Government Code Section 212.172 that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and WHEREAS, City and Landowner agree that this Agreement satisfies the requirements of Texas Local Government Code Sections 43.035 and 212.172; and WHEREAS, in recognition of the mutual benefits to be derived from the controlled development of the Property and its guaranteed continued extra territorial status for a certain time, Landowner and City desire to enter into this agreement, pursuant to §§212.172 and 43.035 of the Local Government Code of the State of Texas, to evidence their agreements with respect to guaranteeing the continuation of the extraterritorial status of the land and its immunity from annexation by the City for a period years, extending the municipality's regulatory authority over the land by providing for all regulations and planning authority of the City that do not interfere with the use of the area for its currently appraised purpose, authorizing enforcement by the City of certain regulations in the same manner the regulations are enforced within the City's boundaries and authorizing enforcement by the City of certain agreed upon land use and development regulations; and WHEREAS, the City of Cibolo City Council authorized and approved this agreement at a regularly scheduled council meeting subject to the Open Meetings Act in compliance with the laws of the State of Texas and the ordinances and Charter of the City of Cibolo on July 24, 2007. City of Cibolo Page I of 4 TLGC§43.035 Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained or referred to herein, the receipt and sufficiency of which is hereby acknowledged by the City and the Landowner, the parties hereto agree as follows: 1. The Landowner covenants and agrees not to file a development document, master plan or for plat approval or a permit, not to include permits for uses existing on the date of this agreement ("Existing Uses"), on their respective property until such property has been annexed into the City and zoned pursuant to all applicable laws of the State of Texas and ordinances of the City of Cibolo, said zoning to be at the sole discretion of the City. 2. Land Use. The Landowner further covenants and agrees not use the Property for any use other than the Existing Uses, without the prior written consent of the City, said Existing Uses specifically being uses that allow the Property Owner to retain its current Property appraisal for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter as applicable to the Property on the Effective Date of this agreement or those other Existing Uses as listed in Exhibit B attached hereto. 3. Municipal Regulations. Those municipal regulations listed in the Exhibit C attached hereto and incorporated by reference into this agreement, which both Landowner and City agree do not interfere with the Existing Uses of the Property, are hereby extended to the Property. The Landowner further covenants, agrees and authorizes enforcement by the City of these regulations in the same manner the regulations are enforced within the City's boundaries. 4. Permits and Vested Rights. Pursuant to Texas Local Government Code Section 43.035 this Agreement is not a permit for purposes of Chapter 245 of the Texas Government Code. The Landowner and all Landowner's heirs, successors and assigns hereby waive any and all vested rights including rights and claims that they may have under common law, federal case law or Section 43.002 of the Texas Local Government Code related to uses, anticipated uses or potential uses of the Property, other than the Existing Uses. 5. Municipal Services. The City shall not be obligated to provide the landowner with any municipal services (such as police protection, fire protection, drainage and street construction, or maintenance), with respect to the Property for the duration of this Agreement. 6. Extraterritorial Status. The City hereby guarantees the extraterritorial status of the Property and that it shall not annex the Property for the duration of this agreement. Except that, regardless of how the area is then currently appraised for ad valorem tax purposes, should the Landowner or the Landowner's heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder then this provision of the Agreement shall be void pursuant to Texas Local Government Code Section 43.035. Plat is defined as any plat authorized by City of Cibolo Page 2 of 4 TLGC§43.035 Development Agreement Chapters 212 or 232 of the Texas Local Government Code, or their successor statutes. Permit is defined the same as in Local Government Code Chapter 245. 7. Voluntary Annexation. Should the Landowner, heirs, successors or assigns file for any type of development document, master plan, plat approval or permit for the area with a governmental entity that has jurisdiction over the area, or change the existing use to a use not allowed hereunder this provision then said action shall be deemed a request for voluntary annexation by the City with this agreement serving as the required petition and the Property shall, at the discretion of the City, be annexed into the City. The Landowner and Landowner's heirs, successors and assigns covenant and agree that such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. 8. Amendments. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except by an agreement in writing signed by all parties hereto. 9. Law Governing. This agreement shall be deemed to be a contract under the laws of the State of Texas which is performable in Guadalupe, County, Texas, and for all purposes shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 10. Assiiznment; 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 r B By: y: Bruce earson, cibo u rty Manager or Address: j � Oh R al Anderson, Senior Planner City: � Gj jr l CAC, State/Zip: lekl'a s , g�2 D bl , p Date: Date: City of Cibolo Page 4 of 4 TLGC§43.035 Development Agreement Exhibit B CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT Affidavit of Tax Appraisal Status and Current Uses G� I e r` appeared in person before me today and stated under oath: "My name is cl :f iq Y. z&Pte' I am competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. --7,-'j I am the owner of the property located at 1 / 1 �e//OVXAar ioN Said property is appraised for ad valorem tax purposes under the Texas Tax Code r for purposes." "Further, my property is currently being used for the following uses: 15esi�e,60,p �kl ,91114e - Signed: 7ja �la Printed Name: SIGNED under oath before me on , 2010. uw,y�y, `u iw.. SkftaTSM . Not Public, Statebt Texas __.� :E�t:.l _L�.tw vuaaawpe k,tiu - rruperLy vemits rage i or Guadalupe CA® Property Search Results > 63973 MEYER VALESKA H for Year 2010 Property Account Property ID: 63973 Legal Description: ABS: 141 SUR: F GARCIA 1.0000 AC. Geographic ID: 2G0141-0000-00810-0-00 Agent Code: Type: Real Location Address: 779 BOLTON RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: MEYER VALESKA H Owner ID: 51502 Mailing Address: 779 BOLTON RD %Ownership: 100.0000000000% MARION,TX 78124 Exemptions: DV4, HS,OV65 Values (+)Improvement Homesite Value: + $97,736 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $25,738 (+)Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $0 $0 (+)Timber Market Valuation: + $0 $0 (_)Market Value: _ $123,474 {—}Ag or Timber Use Value Reduction: — $0 (_)Appraised Value: _ $123,474 (—)HS Cap: — $5,847 (_)Assessed Value: _ $117,627 Taxing Jurisdiction Owner: MEYER VALESKA H %Ownership: 100.0000000000% Total Value: $123,474 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax Tax Ceiling CAD APPRAISAL 0.000000 $123,474 $105,627 $0.00 DISTRICT GCO GUADALUPE 0.334500 $123,474 $90,627 $153.39 $153.39 COUNTY LTR LATERAL ROAD 0.055000 $123,474 $90,627 $21.72 $21.72 MAS MARION ISD 1.220000 $123,474 $80,627 $181.22 $181.22 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $356.33 Taxes w/o Exemptions: $1,893.21 Improvement/Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63973 9/1/2010 uu.aumupc LE11 J -rrOpOfL' MULURS V1 G Improvement#11: RESIDENTIAL State Code: E1 Living Area: 1848.0 Value: $97,736 sgft Type Description Class CD Exterior Wall Year Built SQFT RES1 MAIN FLR 8+ 1960 1848.0 CARC CARPRT-C 1960 530.0 CP COV PORCH 1960 80.0 CP COV PORCH 1960 40.0 CP COV PORCH * 1960 54.0 Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 G29 G29 1.0000 43560.00 0.00 0.00 $15,488 $0 2 UTIL UTILITY 0.0000 0.00 1.00 0.00 $10,250 $0 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A N/A N/A 2010 $97,736 $25,738 0 123,474 $5,847 $117,627 2009 $98,727 $15,694 0 114,421 $7,487 $106,934 2008 $98,727 $12,555 0 111,282 $14,069 $97,213 2007 $94,475 $10,724 0 105,199 $16,824 $88,375 Deed History -(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 9/24/1990 12:00:00 AM OT OTHER MEYER VALESKA 1 930 16 Questions Please Call (830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 C 2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+, Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63973 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations \ J o C7� r go £ X P "City of Choice" September 9, 2010 � [By VIA: CERTIFIED MAIL OCT 2 0 2010Scheel Family Trust No.2 ]NC/O Bernice Friesenhahn 8045 Bindsell San Antonio,Tx 78266 Re: Non-Annexation Agreement Dear Property Owner, The City of Cibolo (the "City") intends to annex the property referenced in Exhibit "A" (the "Property") (attached) and believes you to be the Property owner of record. The Texas Local Government Code Section 43.035 requires a municipality offer property owner of a land which is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter a development agreement that guarantees the continuation of the extraterritorial status of the area for a certain time and authorizes the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber. If the above property is not currently appraised for agricultural,wildlife management, or timberland use under the Tax Code please contact us immediately. The City of Cibolo City Council authorized and approved the attached agreement at a regularly scheduled council meeting on September 7, 2010. The attached Agreement guarantees the continuation of the extraterritorial status of the Property and its immunity from annexation by the City for a period of eight (8) years, extends certain regulatory authority over the Property that does not interfere with the use of the Property for its currently appraised purpose, authorizes enforcement by the City of certain regulations in the 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 out in writing certain rights and responsibilities of the City and you. The City urges you to obtain leg ' ;e in your review of the attached document. Please provide the City with a signed copy of the attached Agreement by October 29, 2010 to indicate your acceptance of this Agreement. If we do not receive an unaltered signed copy of the Agreement by October 29, 2010 we/will consider the proposed agreement to be rejected and will proceed with the annexation of the.Property. In addition to the signed agreement please complete, execute and return the attached Affidavit of Tax Appraisal Status and Current Uses (Exhibit "B"). 200 South Main Street.PO Box 826,Cibolo.Texas,78108 main [210] 658.9900.fax[210] 658.1687 '"'" If you have any questions concerning this letter, the proposed annexation, the attached Non-Annexation Agreement or any of the attachments, please contact: City of Cibolo Community Development Department Randy Anderson, Senior Planner Phone: 210-658-9900 E-mail: randerson@cibolotx.00v We'd be more than happy to speak with you by phone, via e-mail or to schedule an appointment. Sincerely, cert Randy Anderson Senior Planner City of Cibolo Enclosures 200 South Main Street.PO Box 826.Cibolo.Texas .78108.main [2101 658.9900.fax[210] 658.1687 CITY OF CIBOLO NON ANNEXATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement"), dated October 20 , 2010 ("Effective Date"), made by and between the CITY OF CIBOLO, TEXAS, a home rule municipality located in Guadalupe County, Texas ("City"), and Scheel Family Trust No. 2 ("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; BindingEffect. 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: Scheel Family Trust No. 2 Guadalupe County, Texas By: av By. `$ernice S. Friesenftaftn, rrustee Bruc arson, Cibolo anager or Address: 8045 Bindseil R Anderson, Senior Planner City: San Antonio State/Zip: Texas 78266-2107 Date: Date: October 20, 2010 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 Bernice S. Friesenhahn appeared in person before me today and stated under oath: "My name is Bernice S. Friesenhahn . I am competent to make this affidavit. Trustee of Scheel Family Trust No. 2 The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the owner of the property located at ABS: 141 Sur: F. Garcia, 94.0360 Acres Said property is appraised for ad valorem tax purposes under the Texas Tax Code for Agricultural Use purposes." "Further, my property is currently being used for the following uses: Planting, Growing and Harvesting Corn and Grain Sorghum Signed: Printed Name: Bernice S. Friesenhahn T,,ruus��tee ofScheelFamily Trust No. 2 SIGNED under oath before me on �rL o� 32010. ANGEL SHACKELFORDis y Notary Public y y Notary Puglic, State of Texas V dz State of Texas y OF Comm,Exp.02-05-2014 y uuaaampe t,tiu - rroperLy lieuuis r agc i vi Guadalupe CAC Property Search Results > 63980 SCHEEL FAMILY TRUST NO. 2 for Year 2010 Property Account Property ID: 63980 Legal Description: ABS: 141 SUR: F GARCIA 94.0360 AC. Geographic ID: 2G0141-0000-01300-0-00 Agent Code: Type: Real Location Address: SANTA CLARA RD Mapsco: TX Neighborhood: IH 10 WEST Map ID: P-6 Neighborhood CD: IH10W Owner Name: SCHEEL FAMILY TRUST NO.2 Owner ID: 51941 Mailing Address: C/O BERNICE S FRIESENHAHN TRUSTEE %Ownership: 100.0000000000% 8045 BINDSEIL SAN ANTONIO,TX 78266-2107 Exemptions: Values (+)Improvement Homesite Value: + $0 (+)Improvement Non-Homesite Value: + $0 (+)Land Homesite Value: + $0 (+}Land Non-Homesite Value: + $0 Ag/Timber Use Value (+)Agricultural Market Valuation: + $1,205,925 $15,046 (+}Timber Market Valuation: + $0 $0 (=)Market Value: _ $1,205,925 (—)Ag or Timber Use Value Reduction: — $1,190,879 (_)Appraised Value: _ $15,046 (—)HS Cap: — $0 (_)Assessed Value: _ $15,046 Taxing Jurisdiction Owner: SCHEEL FAMILY TRUST NO.2 %Ownership: 100.0000000000% Total Value: $1,205,925 Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD APPRAISAL DISTRICT 0.000000 $15,046 $15,046 $0.00 GCO GUADALUPE COUNTY 0.334500 $15,046 $15,046 $50.33 LTR LATERAL ROAD 0.055000 $15,046 $15,046 $8.28 MAS MARION ISD 1.220000 $15,046 $15,046 $183.56 Total Tax Rate: 1.609500 Taxes w/Current Exemptions: $242.17 Taxes w/o Exemptions: $242.17 Improvement I Building http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63980 9/1/2010 vuaaatupe rruperty lietaiis rage L or L No improvements exist for this property. Land # Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value 1 D3G TILLABLE GOOD 94.0360 4094640.00 0.00 0.00 $1,205,925 $15,046 Roll Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2011 N/A N/A N/A N/A NIA N/A 2010 $0 $1,205,925 15,046 15,046 $0 $15,046 2009 $0 $735,320 14,952 14,952 $0 $14,952 2008 $0 $588,256 14,670 14,670 $0 $14,670 2007 $0 $443,468 14,388 14,388 $0 $14,388 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page 1 12/20/2001 12:00:00 AM OT OTHER SCHEEL FAMILY TI 1680 0621 Questions Please Call(830)303-3313 Website version: 1.2.2.2 Database last updated on:8/23/2010 8:43 ®2010 True Automation, Inc.All Rights PM Reserved. Privacy Notice This site only supports Internet Explorer 6+,Netscape 7+and Firefox 1.5+. http://propaccess.trueautomation.com/clientdb/Property.aspx?prop_id=63980 9/1/2010 Exhibit C CITY OF CIBOLO LIST OF MUNICIPAL REGULATIONS List of City of Cibolo Ordinance Referencing Land Uses, Development Requirements and Permits *as they exist or may be amended *Ordinance No. Description 609 Zoning Ordinance w/amendments 590 Subdivision Regulations w/amendments 583 Sign Ordinance w/amendments 638 Landscape and Tree Preservation " 775 2005 NEPA70 NEC 776 International Mechanical Code 2006 777 International Plumbing Code 2006 778 International Building Code 2006 779 International Existing Building Code 2006 780 International Residential Code 2006 781 International Fire Code 2006 782 International Fuel Gas Code 2006 783 International Private Sewage Disposal Code 2006 784 International Property Maintenance Code 2006 785 International Energy Conservation Code 2006 797 Fireworks Regulations