HomeMy WebLinkAboutResolution No. R2026-05 RESOLUTION NO. R2026-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS,RATIFYING RESOLUTION NO.2025-35 PASSED BY THE CITY COUNCIL
AT ITS REGULAR MEETING HELD ON NOVEMBER 3, 2025, 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.
*************************************************************************************
WHEREAS,on November 3,2025,the City Council passed Resolution No.2025-35,in which the
City Council, after consideration of the matter, 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 Resolution No. 2025-35,the City Council found 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, most recently, on or around October 8, 2025, and December 19, 2025, the City's
attorneys sent the Owner offer letters 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, such offers have not been accepted and the City has been unsuccessful in acquiring
the Property to date;and
WHEREAS, as such, the City Council wishes to ratify Resolution No. 2025-35 and to authorize
the City to initiate condemnation proceedings pursuant to Chapter 21 of the Texas Property Code;and
WHEREAS,on the date of this resolution, in an open meeting conducted pursuant to Chapter 551
of the Texas Government Code,the following motion was made:
I move that the City of Friendswood approve this proposed resolution and authorize the
use of the power of eminent domain to acquire 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;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
were set forth herein.
Section 2. That the City Council hereby ratifies Resolution No. 2025-35 and 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(i)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(ii)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 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 2nd day of March,2026.
,II .. I // /i
KE '•R , . Mayor
ATTEST:
t , / ° IN/WI'
RAQU L it RTINEZ,City Secretary?"—.4 14114111P,
O '14... :, O
U �
A.
APPROVED AS TO FORM: * *
4rttleiklikS250 is
-It&00 -
KAREN L. HORNER,City Attorney
H:\City Council\Resolutions\2026\03-02-2026\Resolution-Eminent Domain.docx
2
F.xhibit A
S 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 aim(OF
GALVESTON COUNTY. TEXAS. SAID S 452 ACRES BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING at a 2"aunt pipe set in a fence line,sand pant botng located North K8 city 14 mu: Fast ;t r)0
feet.South—64 51 feet,and North 87 deg 41 mutt 25 sec East—114 54 feet f:ern an old stone found:it the
South line of Sloan s 2'' Subdivision and called for in a Deed from A U Dycss to Otto Lctzcnch as
recorded in the Office of the County Oat of Galveston County,Texas.
THENCE North.at 64 85 feet seta 1"iron pipe,at 95 19 tees seta 2"inm pipe,at 105 Ol feet pass the csIke
of lake.and contuiuc fora total distance of 297 16 feet to a point for comer m the South line of the 1o,in
Didanson League Abstract 9,and the North line of the I&O N R R Company Survey,Section 3.Abstni.:
614,
THENCE North,88 deg 22 nun 01 sec Bast,along the cotamon line of said Surveys,ax 75., 17 fed pass
the edge of a lake,at 770 83 feet pus a 2"son pipe.at 839 74 feet pus a 2"iron pipe,and contu;ue for a
total distance of 914 21 feet to a 2"iron pipe set over a Y."inn pipe m the Southeast line of a face.
THENCE South. .34 deg 37 min 32 sec West,along said fence,a distataie 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 'III.t)tee(or the PLACE OF
HE(HIV N INO and oontaming a 5 5452 acres of land which includes 2 658 acres outside of a lake and 2 794
acres witun the bounds of a lake