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2018-12-10 CITY COUNCIL SPECIAL MEETING MINUTES1 1 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, DECEMBER 10, 2018, AT 6:15 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order 6:21 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Trent Perez Tony Carbone Derrick Reed Gary Moore Adrian Hernandez J. David Little Woody Owens Clay Pearson Darrin Coker Young Lorfing Others in attendance: Jon Branson Deputy City Manager, Trent Epperson Assistant City Manager, Michelle Graham Director of Human Resource, John McDonald Director of Community Development, John McCarter Budget Officer, Chris Orlea Director of Parks and Recreation, Clarence Wittwer Director of Public Works, Skipper Jones Assistant Director of Capital Projects, Joshua Lee Communication Director, Daniel McGhinnis Chief Information Officer and Lawrence Provins Deputy City Attorney. NEW BUSINESS Council Action - Resolution No. R2018-233 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 0.2004 acre (8,727 square feet) parcel of land located in the W. Dobson Survey, Abstract 187. Pearland. Brazoria County, Texas being out of that certain called 2.118 acres tract of land as described in a deed executed on March 15, 2007 from Rex A. Elder. Trustee Elder 2004 Trust to Rex A. Elder. Trustee Elder 2004 Exemption Trust recorded under Brazoria County Clerk's File (B.C.C.F.) Number 20070154 11 of the Official Public Records of Brazoria County (O.P.R .B.C.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Council Action - Resolution No. R2018-234 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 0.1436 acre (6,254 square feet) parcel of land located in the R.B. Lyle Survey, Abstract 543, Pearland, Brazoria County, Texas, being out of Lot 51, Section 4, W. Zychlinski Subdivision, according to the plat thereof filed in Volume 29, Page 43, Brazoria. County Deed Records (B.C.D.R.) and being out of that certain called 2.84 acres (calculated 2.850 acres) tract as described in a deed executed on November 7, 1997 from Secretary of Veterans Affairs to Gayle McCullough recorded under Brazoria County Clerk's File (D.C.C.F.) Number 97-040977 of the Page 1 of 3 Official Public Records of Brazoria County (O.P.R.B.C.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Council Action - Resolution No. R2018-236 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 2.082 acres (90,691 square feet) parcel of I and located i n the H.T. & B. R.R. Company Survey, Abstract 234, Pearland, Brazoria County, Texas, being out of that certain Lot 47, Section 9, Allison Richey Gulf Coast Home Company's Subdivision, according to the plat thereof filed in Volume 2, Pages 23-24, Brazoria County Plat Records (B.C.P.R.) and being out of that certain called 8.99 acre tract (calculated 8.985 acres) tract as described in a deed executed on December 19, 1975 from Richard E. Arbuckle, et ux. to Virgil C. Elliott, et ux. as recorded under Volume 1272, Page 969, Brazoria County Deed Records (B.C.D.R.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Council Action - Resolution No. R2018-235 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 0.1620 acre (7,059 square feet) parcel of land located in the H.T. & B. R.R. Company Survey, Abstract 243, Pearland, Brazoria County, Texas and being out of Lot 49, Section 19 Allison - Richey Gulf Coast Home Company Subdivision according to the plat thereof filed in Volume 02, Pages 23-24 Brazoria County Plat Records (B.C.P.R.) and being out that certain called 1.0000 acre tract as described in a deed executed on March 14, 2007 from Noil Q. Frisby, et al. to Reginald J. Hunter, et ux. recorded under Brazoria County Clerk's File (B.C.C.F.)Number 2007017237 of the Official Public Records of Brazoria County (O.P.R.B.C.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Council Action - Resolution No. R2018-232 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a 0.0856 acre (3,730 square feet) parcel of land located in the H.T. & B. R.R. Company Survey, Abstract 237, Pearland, Brazoria County, Texas, being out of Lot 4, Section 5, H.T. & B. Railroad Company Subdivision according to the plat thereof as recorded in Volume 28, Page 06 Brazoria County Deed Records (B.C.D.R.) and being out of that certain called 4.3013 acres tract as described in a deed executed on June 29, 2000 from Federal Home Loan Mortgage Corporation to Jacqueline Dickerson recorded under Brazoria County Clerk's File (B.C.C.F.) Number 00- 039697 of the Official Public Records of Brazoria County (O.P.R.B.C.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are Page 2 of 3 necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Council Action - Resolution No. R2018-231 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee simple title to certain property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being Part 1, 0.4777 acre (20,809 square feet) parcel of land being out of W. Dobson Survey, Abstract 187 and being out of that certain called 15.68 acres (calculated 15.673 acres) tract as described i n a deed dated executed on October 21, 2013 from Gerald Bruce Johnston, Independent Executor to Piping Rock, LP as recorded i n Brazoria County Clerk's File (B.C.C.F.) Number 2013052002 of the Official Public Records of Brazoria County (O.P.R.B.C.) and Part 2, a 0.1251 acre (5,451 square feet) parcel of land being out of W. Dobson Survey, Abstract 187 and being out of that certain called 15.68 acres (calculated 15.673 acres) tract as described in a deed executed on October 21, 2013 from Gerald Bruce Johnston, Independent Executor to Piping Rock, LP as recorded in Brazoria County Clerk's File (B.C.C.F.) Number 2013052002 of the Official Public Records of Brazoria County (O.P.R.B.C.), for the construction and maintenance of road, utility and drainage improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. City Attorney Darrin Coker stated the Resolutions are for the McHard Road right-of-way acquisition and read each Resolution into the record. Councilmember Carbone made the motion, seconded by Councilmember Little to approve Resolution R2018-233, R2018-234, R2018-236, R2018-235, R2018-232 and R2018-231. Voting "Aye" Councilmember Carbone, Perez, Hernandez, Little, Moore and Owens. Voting "No" None Motion passed 6 to 0, with Councilmember Reed absent from Chambers. ADJOURNMENT Meeting was adjourned at 6:32 p.m. Minutes approved as submitted and/or corrected this the 14' day of January, A.D., 2019 I -, � RS, t: -Y Tom Reid Mayor TTEST: Q`RN,,�� ..o . oung L ing, TRMC City Secretary Page 3 of 3