2019-02-11 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, HELD ON MONDAY, FEBRUARY 11, 2019, AT 6:15 P.M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order 6:17 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Trent Perez
Councilmember
Tony Carbone
Councilmember
Derrick Reed
Councilmember
Gary Moore
Councilmember
Adrian Hernandez
Councilmember
J. David Little
Councilmember
Woody Owens
Deputy City Manager
Jon Branson
City Attorney
Darrin Coker
City Secretary
Young Lorfing
Others in attendance: Jon Branson Deputy City Manager, Matt Buchanan President of EDC, Trent
Epperson Assistant City Manager, Michelle Graham Director of Human Resources, John
McDonald Director of Community Development, Chris Orlea Director of Parks and Recreation,
Cynthia Pearson Director of Finance, Kim Sinistore Executive Director CVB, Johnny Spires Police
Chief, Robert Upton Director of Engineering and Capital Projects, Joshua Lee Communication
Director, Daniel McGhinnis Chief Information and Lawrence Provins Deputy City Attorney.
NEW BUSINESS
Council Action - Resolution No. R2019-41 - 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); Part 1, being
a 6.460 acres (281,384 square feet) parcel of land located in the H.T. & B. R. R, Company Survey,
Abstract 237, Pearland, Brazoria County, Texas, being out of Lots 3 and 6- 1/2, 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 those certain called 12.0586 acres
tract and 44.0130 acres tract as described in a quitclaim deed executed on February 04, 2006
from Linda Alexander Rodriguez, et al. to Sunlake Limited recorded under Brazoria County Clerk's
File (B.C.C.F.); Part 2, being a 13.702 acres (596,848 square feet) parcel of land located in the
H.T. & B. R.R. Company Survey, Abstract 237, Pearland, Brazoria County, Texas, being out of
Lots 3 and 6-1/2, 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
those certain called 12.0586 acres tract and 44.0130 acres tract as described in a quitclaim deed
executed on February 04, 2006 from Linda Alexander Rodriguez, et al. to Sunlake Limited
recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2006019064 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
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property, located within the city, by donation, purchase, or by the exercise of the power of eminent
domain.
Council Action - Resolution No. R2019-49 - 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
0.0140 acre (612 square feet) parcel of land located in the H.T. & B. R.R. Company Survey,
Abstract 219, Pearland, Brazoria County, Texas, being out of Lot 1, Block 1, Pine Oaks
Subdivision according to the plat thereof as recorded in Volume 19, Page 751 Brazoria County
Plat Records and being out of that certain (calculated 0.6492 acre) tract as described in a deed
executed on November 12, 1998 from Truth Dang Bui, et ux. to Dien Quang Bui, et al. recorded
under Brazoria County Clerk's File (B.C.C.F.) Number 98-049696 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. R2019-47 - 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
0.2404 acre (10,472 square feet) parcel of land located in the F. B. Drake Survey, Abstract 505,
Pearland, Brazoria County, Texas and being out of Lot 6, Section 10, 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 1.164 acres tract as
described in a deed executed on July 23, 2013 from Jason C. Blight Successor Trustee to
Salvador Davila, Jr. recorded under Brazoria County Clerk's File (B.C.C.F.) Number 2013036461
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. R2019-38 - 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
0.1726 acre (7,518 square feet) parcel of land located in the F.B. Drake Survey, Abstract 504,
Pearland, Brazoria County, Texas, being out of that certain Lot 28, Section 8, 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 North 1/2 of Lot
28 (calculated 5.011 acres) tract as described in a deed executed on May 7, 1985 from Cynthia
L. Pate, independent executrix to Cynthia L. Pate recorded in Volume (85)131, Page 658 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.
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Council Action - Resolution No. R2019-39 - 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
1.001 acres (43,602 square feet) parcel of land located in 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 one
acre tract (calculated 1.001 acres) tract as described in a deed executed on June 5, 1978 from
Stephanie Uresti to Jesus Rodolfo Uresti as recorded in Volume 1403, Page 449, 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. R2019-48 - 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
0.1906 acre (8,303 square feet) parcel of land located in the F.B. Drake Survey, Abstract 503,
Pearland` Brazoria County` Texas and being out of Lot 6, Section 10, 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 0.992 acre
(calcuated 0.9915 acre) tract as described in a deed executed on March 15,1990 from Elmer J.
Brull, et ux; to, Antonio Rojas et ux., recorded under Volume (90) 767, Page 910 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. R2019-40 - 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
0.3285 acre (14,310 square feet) parcel of land located in the II.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 out that certain called 2.01 acres
(calculated 2.007 acres) tract as described in a deed executed on March 7, 2005 from Beatrice
Lejsal, Individually and as Independent Executrix of the Estate of Merle S. Whillhile, deceased to
Edward John Shira, et al. recorded under Brazoria County Clerk's File (B.C.C.F.) Number
2005012973 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. R2019-46 - 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
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property for the McHard Road Extension Project (Mykawa Road to Cullen Parkway); being a
0.1053 acre (4,583 square feet) parcel of land located in the R.B. Lyle Survey, Abstract 544,
Pearland, Brazoria County, Texas, being out of Lot 17, Section 6, Allison -Richey Gulf Coast Home
Company Subdivision according to the plat thereof as recorded in Volume 136, Page 500 Brazoria
County Deed Records (B.C.D.R.) and being out of the residue of that certain called 10 acres
(calculated 5.524 acres) tract as described in a deed executed on October 08, 1945 from P.C.
Bundy to D.A. Fernandez, et ux. recorded in Volume 400, Page 255 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. R2019-45 - 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
0.7212 acre (31,418 square feet) parcel of land located in the R.B. Lyle Survey, Abstract 544,
Pearland, Brazoria County, Texas, being out of Lot 17, Section 6, Allison -Richey Gulf Coast Home
Company Subdivision according to the plat thereof as recorded in Volume 136, Page 500 Brazoria
County Deed Records (B.C.D.R.) and being out of that certain called 2.0000 acres tract as
described in a deed executed on February 28, 2005 from John Sayers Hallmark, Sr., by and
through agent and attorney-in-fact Jack Lyndon Hallmark to Frank Perez, et ux. recorded under
Brazoria County Clerk's File (B.C.C.F.) Number 2005014533 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. R2019-44 - 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
0.0344 acre (1.500 square feet) parcel of land located in the R.B. Lyle Survey. Abstract 544.
Pearland, Brazoria County. Texas, being out of Lot 17, Section 6. Allison -Richey Gulf Coast Home
Company Subdivision according to the plat thereof as recorded in Volume 136. Page 500 Brazoria
County Deed Records (B.C'.D.R.) and being out of that certain called 0.344 acre tract as
described in a deed executed on November 4. 1967 from D. A. Fernandez, et ux. to Frank Perez,
et ux, recorded under Volume 985. Page 229 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.
Councilmember Hernandez made the motion, seconded by Councilmember Perez to approve
Resolution No. R2019-41, R2019-49, R2019-47, R2019-38, R2019-39, R2019-48, R2019-40,
R2019-46, R2019-45 and R2019-44.
City Attorney Darrin Coker stated these Resolutions are for the City declaring eminent domain on
properties after all negotiations to acquire have failed and read each Resolution into record.
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Voting "Aye" Councilmember Carbone, Reed, Perez, Hernandez, Little, Moore and Owens.
Voting "No" None.
Motion passed 7 to 0.
ADJOURNMENT
Meeting was adjourned at 6:32 p.m.
Minutes approved as submitted and/or corrected this the 4rh day of March, A.D., 2019.
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Tom Reid
Mayor
ATTEST:
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