19-R-105 Agreement with Babcock Road 165, LTD - Ripps KreuslerRESOLUTION NO. 19 -R -105
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
BABCOCK ROAD 165, LTD. FOR REIMBURSEMENT FOR A
ROADWAY EXTENSION TO RIPPS KREUSLER.
WHEREAS, Babcock Road 165, Ltd., a Texas limited partnership ( "Developer ") has
contracted to purchase approximately 1.395 acres of real property in the City of Schertz, Texas
situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of
that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et al by
warranty deed recorded in Volume 2969, Page 150, Guadalupe County Official Public Records;
in all, said 1.395 acre tract being more particularly described as set forth Exhibit DkD (the
"Property"); and
WHEREAS, Developer intends to develop the Property as a public roadway. The public
improvements are more particularly described in specifications related to the construction of
the public improvements prepared by Coursen - Koehler Engineering and Associates (hereafter
collectively called "the Specifications ") attached hereto as Exhibit IBIS and
WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution, and
Section 380.001 of the Texas Local Government Code ( "Section 380 "), the City may establish
and provide for the administration of a program for making loans and grants of public money to
promote state or local economic development and to stimulate business and commercial activity
in the City; and
WHEREAS, City's Contribution shall be reimbursed to the Developer from the Roadway
Impact Fees collected by the City for Service Area 2 as identified in its Capital Improvement
Plan ( "SA 2 Impact Fees "). City shall reimburse Developer an amount equal to Thirty (30)
percent of all SA 2 Impact Fees collected on an annual basis until the Developer has been
reimbursed in full for an amount equal to the City's Contribution; and
WHEREAS, Developer has agreed, in exchange and as consideration for funding by the
City, to satisfy and comply with certain terms and conditions, including the construction of the
Public Improvements (as more fully defined in Exhibit B); and
WHEREAS, the City and Developer hereby agree, based on the cost itemization attached
as Exhibit DCD hereto, that the cost of the Public Improvements, is estimated to be Three
Hundred Ninety Five Thousand Eight Hundred and Sixty Seven United States Dollars
($395,867.00) (the "Estimated Total Improvement Cost "); and
WHEREAS, the City and Developer agree that the provisions of this Agreement
substantially advance a legitimate interest of the City by providing public infrastructure,
expanding the tax base of the City, increasing employment and promoting economic
development.
WHEREAS, the City has entered into an agreement with the City of Cibolo for the improvement
of Wiederstein Road.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to enter into an
agreement with Babcock Road 165, Ltd. not to exceed $395,867 for reimbursement of roadway
improvements for the extension of Ripps Kreusler in a form generally as attached hereto as
Fxhihit D.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 22"d day of October, 2019
ATTEST-
-2-
• tea" 4:711WO•lM
R. Carpenter, Mayor
Brenda Dennis, City Secretary
-3-
Westwood
Exhibit A
STATE OF TEXAS 1.438 ACRE TRACT PROJ. NO. 13433.00
COUNTY OF GUADALUPE 62,655 SQ. FT OCTOBER 10, 2018
FIELD NOTE DESCRIPTION of a 2.438 acre tract of land within the corporate limits of the city of Schertz and
situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining
portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et at by warranty deed recorded in
Volume 2969, Page 150, Guadalupe County Official Public Records, in all, said 2.438 acre tract being more
-particularly described as follows:
BEGINNING at a YS" iron rod found on the southeast line of Lot 6, Block 1 as shown by plat of Medical Office
Building Subdivision recorded in Volume 6, Page 779, Guadalupe County Plat Records coincident with the common
north corner of Ripps — Kreusler Road (an 80 foot right -of -way) as described in warranty deed recorded in Volume
1942, Page 624, said Official Public Records and a north corner of said remaining portion of a 150.231 acre tract,
for the west corner and POINT OF BEGINNING of the herein described tract of land;
THENCE, along the northwest line of said remaining portion of a 150.231 acre tract, North 59° 37'35" East, 586.21
feet to a W iron rod found at the common east corner of Lot 8, Block 1 as shown by plat of Schertz— Fairfield Inn
recorded in Volume 7, Page 368, said Plat Records and the south corner of a 35.841 acre tract of land conveyed
unto Babcock Road 165, LTD by warranty deed recorded in Document No. 2018004043, said Official Public Records
for an angle point of the herein described tract of land;
THENCE, along the common southwest line of said 35.841 acre tract and the northwest line of said remaining
portion of a 150.231 acre tract, North 59° 27' 06" East, 292.00 feet to a W iron rod set with an orange plastic cap
stamped "WESTWOOD" for the north corner of the herein described tract of land;
THENCE, across said remaining portion of a 150.231 acre tract of land the following courses:
South 31° 49'06" West, 34.77 feet to a W iron rod set with an orange plastic cap stamped
"WESTWOOD" at the beginning of a curve to the right,
Along the arc of said curve with length of 271.79 feet a radius of 559.94 feet, a delta of 27° 48'
39 ", and a chord bearing and distance of South 45° 43' 20" West, 269.13 feet to a h" iron rod set
with an orange plastic cap stamped "WESTWOOD ", and
South 59° 37' 35" West, 586.21 feet to a Y" iron rod found at the common east corner of said
Ripps — Kreusler Road and a reentrant corner of said remaining portion of a 150.231 acre tract of
land for the south corner of the herein described tract of land;
THENCE, North 30° 22' 25" West, 80.00 feet to the POINT OF BEGINNING.
Containing in ail, 62,655 square feet of land or 1.438 acres, more or less. Bearings based on Texas State
Coordinate System (NAD 1983) for the South Central Zone, 4204.
This field note description is based upon the same field work compiled to create the Category 1A, Condition II Land
Title Survey for Project No. 13433.00 of the same date and prepared by Westwood Professional Services, Inc.
,
1718 Dry Creek Way, Suite 110 . San Antonio, Texas 78259
Main 210.265.8300 . westwoodps corn
TBPE Firm No. F -11756 . TBPLS Firm No. 10194064
Jason R. Gabriel, RPLS
Texas No 6530
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Exhibit C
PROJECTED
DEVELOPMENT COST ESTIMATE
FOR
Ripps - Kruesler Improvements
Ripps Tract
PREPARED BY:
COURSEN- KOEHLER
E N G I N E E R I N G & A S I S O C I A T E S
a division of Westwood
SCHERTZ ESTIMATES
September 21, 2018
Revised: November 1, 2018
2nd Revision: November 6, 2018
NOTES:
1. THIS IS AN ESTIMATE ONLY. CONSTRUCTION PLANS HAVE NOT BEEN COMPLETED.
2. NO INFLATION FACTOR HAS BEEN INCLUDED IN THE COSTS.
3. PROFESSIONAL FEES ARE AN ESTIMATE ONLY. A FORMAL PROPOSAL HAS NOT BEEN
PREPARED AND THIS ESTIMATE SHOULD NOT BE REPRESENTED AS SUCH.
4. ESTIMATE DOES NOT INCLUDE UTILITY EXTENSIONS OR IMPROVEMENTS.
C:1 UsersI GECOURSEN \AppData\LocallTemp\Bluebeam Software95017869.xlsx
Ripps - Kruesler Improvements
SITEWORK & EROSION CONTROL
STREET IMPROVEMENTS
DRAINAGE IMPROVEMENTS
DEVELOPMENT COST ESTIMATE
SUMMARY SHEET
Ripps - Kruesler Improvements
November 6, 2018
Job No. R0013433.00
$ 27,500.00
$ 242,792.00
$ 69,575.00
IMPROVEMENTS SUB -TOTAL $ 339,867.00
Estimated Professional Services Fees
DESIGN, PREPARE, AND PROCESS CIVIL DOCUMENTS
STORM WATER MANAGEMENT PLAN
STORM WATER POLLUTION PREVENTION PLAN
CONSTRUCTION ADMINISTRATION
PREPARE & PROCESS PLANS OF RECORD
ESTABLISH CONTROL POINTS & LIMITS OF CONSTRUCTION
PRELIMINARY / FINAL STREET & DRAIN STAKING
PROFESSIONAL SERVICES SUB -TOTAL
SUB -TOTAL
CONTINGENCY
PERFORMANCE & WARRANTY BONDING
TOTAL
C:\ Users\ GECOURSEN 1AppData\LocaKTemp\Bluebeam Software95017869.x1sx
$ 23,000.00
$ 4,000.00
$ 1,500.00
$ 2,500.00
$ 1,750.00
$ 1,250.00
$ 5,000.00
$ 39,000.00
$ 378,867.00
$ 17,000.00
By Developer
$ 395,867.00
DEVELOPMENT COST ESTIMATE
Ripps - Kruesler Improvements
Schertz
SITEWORK & EROSION CONTROL
ITEM
DESCRIPTION
UNIT
EST /QTY
$ /UNIT
AMOUNT
1
MOBILIZATION
LS
1
$0.00
$0.00
2
PREPARE ROW /EASEMENTS
AC
1.5
$2,500.00
$3,750.00
3
CONSTRUCTION ENTRANCE
EA
1
$1,750.00
$1,750.00
4
SILT FENCE
LF
900
$2.50
$2,250.00
5
ROCK BERM
LF
50
$45.00
$2,250.00
6
WASHOUT PIT
EA
1
$750.00
$750.00
7
REMOVE & REPLACE FENCE
LF
900
$12.50
$11,250.00
8
FINAL STABILIZATION OF DISTURBED AREAS
LS
1
$5,500.00
$5,500.00
TOTAL COST
$27,500.00
STREET IMPROVEMENTS
ITEM
DESCRIPTION
UNIT
EST /QTY
$ /UNIT
AMOUNT
1
SAWCUT & TIE TO EXISTING ROAD
LS
1
$6,000.00
$6,000.00
2
EXCAVATION
CY
2,250
$5.00
$11,250.00
3
EMBANKMENT
CY
750
$3.50
$2,625.00
4
TREATED SUBGRADE
SY
4,490
$4.00
$17,960.00
5
FLEXIBLE BASE (12" COMPACTED DEPTH)
SY
4,170
$13.00
$54,210.00
6
PRIME COAT
GAL
834
$4.00
$3,336.00
7
TACK COAT
GAL
417
$3.00
$1,251.00
8
HMAC TYPE D (2.0" COMPACTED THICKNESS)
SY
4,170
$10.00
$41,700.00
9
HMAC TYPE C (2.0" COMPACTED THICKNESS)
SY
4,170
$11.00
$45,870.00
10
MACHINE LAID CONCRETE CURB & GUTTER
LF
1,610
$16.50
$26,565.00
11
5' CONCRETE SIDEWALK - ONE SIDE
SY
405
$55.00
$22,275.00
12
PAVEMENT MARKINGS
LS
1
$6,000.00
$6,000.00
13
CONSTRUCTION & MATERIAL TESTING
LS
1
$3,750.00
$3,750.00
TOTAL COST
$242,792.00
DRAINAGE IMPROVEMENTS
ITEM
DESCRIPTION
UNIT
EST /QTY
$/UNIT
AMOUNT
1
24" STORM PIPE
LF
45
$85.00
$3,825.00
2
36" STORM PIPE
LF
250
$125.00
$31,250.00
3
10' CURB INLET
EA
2
$13,500.00
$27,000.00
4
OUTFALL END TREATMENT
EA
I
$7,500.00
$7,500.00
TOTAL COST
$69,575.00
C:1 UsersI GECOURSEN1AppData \LocaRTemp\Bluebeam Software95017869.xlsx
Agenda No. 9
CITY COUNCIL MEMORANDUM
City Council Meeting: November 13, 2018
Department: Planning & Community Development
Subject: Resolution No. 18 -R -145 Consideration
and/or action approving a Resolution
authorizing the Acting City Manager to enter
into an agreement with Babcock Road 165,
Ltd. for reimbursement for a roadway
extension to Ripps - Kreusler.
BACKGROUND
Babcock Road 165, Ltd., developer of the 18124 IH -35 site (Faskin Oil/Santikos), approached
the City and has proposed to the City to purchase the right -of -way and construct the extension of
Ripps Kreusler from the intersection of Baptist Health Drive east to the city limit in exchange for
reimbursement of the roadway improvement costs. The remaining portion of this road located in
Cibolo, from the Schertz city limit to Wiederstein Road is currently being constructed by the
developer. The estimated cost of the roadway improvements are $395,867.00.
Ripps Kreusler is identified on the City's Master Thoroughfare Plan as a commercial collector
road, and is a roadway that is eligible for development using roadway impact fees. This roadway
section falls within Service Area 2, which includes central Schertz and extends north to the city
limit line adjacent to Garden Ridge, extends west to the city limit line adjacent to Selma and
extends west to approximately Wiederstein Road.
The proposed agreement is to reimburse the developer for the roadway improvements not to
exceed $395,867.00 after completion and acceptance of the road extension. The reimbursement
would be paid back over time from roadway impact fees collected in Service Area 2 at a rate of
30% of the fees collected each year until the total amount is reached.
Goal
The developer is requesting to be reimbursed for constructing the roadway extension of Ripps
Kreusler from the intersection of Baptist Health Drive east to the city limit.
Community Benefit
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with
the City's vision of future growth. Ripps Kreusler is identified on the City's Master
City Council Memorandum
Page 2
Thoroughfare Plan as a commercial collector and is designed as a highway backage road to
provide for two way traffic on a commercial roadway that is parallel to I -35. This extension will
assist in promoting additional commercial development as well as provide alternative travel
routes for residents and travelers.
Summary of Recommended Action
This proposal is a unique opportunity for the City to have a needed roadway segment constructed
and be able to pay for the roadway through future roadway impact fees. If approved the
developer would construct the entire section of Ripps Kreusler through the City of Schertz and
City of Cibolo, creating a new roadway connection between FM 3009 and Wiederstein Road.
This roadway extension will also open up additional development opportunities for new
commercial development in Schertz adjacent to the roadway extension. The relatively low
commitment of 30% of the fees collected in Service Area 2 will still allow the City to save the
remaining 70% of the fees collected and use them towards other roadway projects in that Service
Area.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of Resolution No. 18 -R -145.
ATTACHMENT
Resolution No. 18 -R -145