HomeMy WebLinkAboutResolution No. R2025-35 RESOLUTION NO. R2025-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, FINDING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES
THE ACQUISITION OF 5.452 ACRES OF LAND LOCATED ADJACENT TO THE
SOUTHEAST PORTION OF LAKE FRIENDSWOOD AND BEING A PART OF THE I
& G N R R COMPANY SURVEY, SECTION 3 ABSTRACT 614, GALVESTON
COUNTY, TEXAS, AND BEING A PART OF THE ORIGINAL GALVESTON-
HOUSTON INTERURBAN LAND COMPANY SUBDIVISION, DIVISION A AND
ALSO BEING THAT SAME TRACT OF LAND DESCRIBED AS TRACT 2 IN A DEED
RECORDED IN VOLUME 2621, PAGE 279 IN THE OFFICE OF THE COUNTY
CLERK OF GALVESTON COUNTY, TEXAS, FOR THE EXPANSION OF LAKE
FRIENDSWOOD PARK AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS
FOR THE ACQUISITION OF FEE SIMPLE INTEREST THEREOF;AND PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, the City Council, upon consideration of the matter, has determined that there is a
public necessity for the welfare of the City of Friendswood, Texas (the "City")and the public-at-large to
acquire,construct and maintain certain parkland and public recreational,trail and open space facilities and
related appurtenances,and to perform associated public uses and purposes("Project");and
WHEREAS, in accordance with the above, the City Council hereby finds that public necessity
requires the acquisition of fee simple title to approximately 5.452 acres of land located adjacent to the
southeast portion of Lake Friendswood, as more particularly described in Exhibit "A," which is attached
hereto and incorporated herein for all intents and purposes(the"Property")for the Project;and
WHEREAS,the Property is owned Joseph B.Tostado(the"Owner"),who has been contacted many
times over the years regarding the acquisition of the Property for the Project;and
WHEREAS,on or around October 8,2025,the City's attorneys sent the Owner an offer letter along
with(i)the Landowner's Bill of Rights,(ii)a 2019 appraisal of the easement which traverses the Property,
(iii)a legal description of the Property,(iv)a survey of the Property,(v)the most recent assessment of the
Property by the Galveston Central Appraisal District,and(vi)a general warranty deed;and
WHEREAS,the City Council desires for the City's attorneys to make a final bona fide offer to the
Owner to acquire the property;and
WHEREAS, if,after the final offer,negotiations to acquire the Property cannot be concluded as a
dedication or purchase, the City Council desires to exercise its power of eminent domain to acquire the
Property for the Project;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS:
Section 1. That the City Council of the City of Friendswood, Texas, finds that the above-
referenced recitals are true and correct and are adopted and made part of this resolution, as if the same
where set forth herein.
Section 2. That the City Council hereby finds and determines that it is necessary for the
welfare of the City and its citizens to acquire,construct and maintain parkland and improvements in the
City, and to acquire property interests to assist with such purposes in and to the Property,free and clear
of any liens and encumbrances, in order to allow the City and/or its assigns to complete said Project.
Section 3. The City's attorneys,on behalf of the City,are hereby authorized to make a final
bona fide offer to the Owner for the market value of said Property. If it is determined that an agreement
as to the value of said Property, damages and/or compensation to be paid cannot be reached, then the
City's attorneys are hereby authorized to file against the Owner and holders of other related interest in
the Property, proceedings using the City's power of eminent domain to acquire the stated interest in and
to the Property, in order to allow the City and/or its assigns to complete said Project,and to perform and
undertake all other proceedings necessary to complete the acquisition of the Property.
Section 4. It is the intent of the City Council that this resolution authorizes the condemnation
of all property interests required to complete the construction and maintenance of the Project and
associated public purposes. If it is later determined that there are any errors in the descriptions or scope
of the Project contained herein or if later surveys contain more accurate revised descriptions or interests,
the City's attorneys are authorized to have such errors corrected or revisions made without the necessity
of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or
revised Property.
Section 5. This resolution shall be effective immediately upon its passage and approval.
INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of
Friendswood on this the 3'day of November,2025.
JO E LISOR,Mayor Pro Tern
ATTEST:
' 460,i FRIENOS
RA a U:L 'RTINEZ,City Secretary OFF p
APPROVED AS TO FORM:
'it /YhOri
OF
KAREN L. HORNER, City Attorney
H:\City Council\Resolutions\2025\11-03-2025\Resolution-Eminent Domain.docx
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Exhibit A
5 452 ACRES OF LAND(CALLED 536 ACRES),BEING A PART OF THE I&G N R R COMPANY
SURVEY,SECTION 3,ABSTRACT 614,GALVESTON COUNTY,TEXAS,AND BEING A PART OF
THE ORIGINAL GALVESTON-HOUSTON INTERURBAN LAND COMPANY SUBDIVISION,
DIVISION"A"AND ALSO BEING THAT SAME TRACT OF LAND DESCRIBED AS TRACT 2 LN A
DEED RECORDED IN VOLUME 2621,PAGE 279,IN THE OFFICE OF THE COUNTY CLERK OF
GALVESTON COUNTY, TEXAS. SAID 5 452 ACRES BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING at a 2"iron pipe set m a fence line,said point being located North 88 deg 14 min East-309 0
feet.South—64 51 feet,and North 87 deg 41 nut 25 sec East—l 14 54 feet from an old stone found in the
South line of Sloan s 2 ' Subdivision and called for in a Deed from A D Dyess to Otto Letzench as
recorded in the Office of the County Clerk of Galveston County,Texas,
THENCE North,at 64 85 feet set a I"iron pipe,at 95 19 feet set a 2"iron pipe,at 105 01 feet pass the edge
of lake,and continue fora total distance of 297 16 feet to a point for comer in the South Ime of the John
Dickinson League Abstract 9,and the North line of the I&G N R R CompanySurvey,Section 3,Abstract
614.
THENCE North,88 deg 22 nun 01 sec East,along the common line of said Surveys,at 757 17 feet pass
the edge of a lake,at 770 83 feet pass a 2"won pipe,at 839 74 feet pass a 2"non pipe,and continue for a
total distance of 914 21 feet to a 2"iron pipe set over a%'iron pipe m the Southeast line of fence.
THENCE South,34 deg 37 nun 32 sec West,along said fence,a distance of 357 97 feet to an iron
pipe found for corner,
THENCE South.87 deg 41 min 25 sec West,along a fence,a distance of 711.0 feet or the PLACE OF
BEGINNING and containing a 5 5452 acres of land which includes 2 658 acres outside of a lake and 2 794
acres within the bounds of a lake