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HomeMy WebLinkAbout71 0118 minlti5 MINUTES CITY COUNCIL MEETING January 18, 1971 The Mayor and City Couneil of the City of Plainview met in regular session at 7:30 P. M. in the Council Chambers of the City Hall with Mayor Louis N. Thomas presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter, Neal Williams, Bill Eaves and Richard Cross. Also present wera: Marshall Pharr-City Manager, M. L. Rea-Director of Municipal Services, Harold Gladman-Director of Planning, Hoyt Curry-Director of Public Safety, Robert Barnett-Director of Parks and Recreation, and Larry Martin- Administrative Assistant. Mr. Frank 0. Baker, representing Panhandle A South Plains Development 'Co., was present as a visitor. Invocation was given by Alderman Cross. It was moved by Alderman Cross, seconded by Alderman Carpenter, to approve the r.nutes of the City Council meeting of January 4, 1971. Motion carried unanimously. It was moved by AiderMan Carpenter, seconded by Alderman Eaves, to adopt Ordinance No. 71-1146, an Ordinance annexing and incorporating into the city limits of the City of Plainview, Texas, an area adjacent thereto: and finding and determining that a petition has been duly signed by the landowners and that notice of a public hearing to be held pertaining to the institution of such annexation proceedings by the City of Plainview has been given and that such public hearing has been duly held: and annexing said area to the City of Plainview: and making said area subject to the jurisdiction of the City of Plainview, Texas. Motion carried unanimously. It was moved by Alderman Cross, seconded by Alderman Williams; to adopt Ordinance No. 71-1147, an Ordinance providing that motor vehicles shall be parked parallel to the curb on the west side of that part of Austin Street from Ninth Street south a distance of 75 feet. Motion carried unanimously. It was ruved by Alde=an Williams, seconded by Alderman Garrison, to adopt Ordinance No. 71-1148, en Ordinance providing that motor vehicles shall be parked parallel to the curb on the north side of West Seventh Street in the 200 Block of said street between Austin Street and Baltimore Street in the City of Plainview, Hale County, Texas. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Eaves, to adopt Ordinance No. 71-1149, an Ordinance prohibiting parking on that part of 24th Street from Columbia Street west to State Highway NO. 194 in the City of Plainview, Hale County, Texas. Motion carried unanimously. Discussion was held on the installation of street lights to be located on Blakey Boulevard at the Hale County Airport, extending from U.S. Business Route,___ 87 to the airport terminal building. Action was deferred to a later date. It was moved by Alderman Carpenter, seconded by Alderman Cross, to authorize Mayor Thomas to sign a Resolution providing for a utility easement at the Plainview- Hale County Airp=t; said easement be in favor of Southwestern Public Service Company for services to the airport facility. Motion carried unanimously. A copy of the monthly Newsletter, Volume I Issue 2, was received for filing. It was moved by Alderman Eaves, seconded by Alderman Garrison, to adopt Ordinance No. 71-1150, an Ordinance calling and setting the regular municipal election for the City'of Plainview to be held on the first Tuesday in April of 1971, the same being the sixth day of said month, for the election of two aldermen; designating the place where said election is to be held; and appointing presiding officials thereof. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Carpenter, to authorize the City Attorney, subject his concurrence, to prepare an ordinance designating Joliet Street as the division line and changing the voting places to the Central Fire Station and the Quincy Street Sub-station. Motion carried unanimousl It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt Appropriation Ordinance GO 274-71 from the General Obligation Bond Fund, 1966, Acct. 424, in the amount of $100,370.00 payable to Mildred Tucker, County Clerk, in payment of Cannissioners award in satisfaction of Judgement of the Court in Eminent Domain Proceeding #555 County Court, Hale County, Texas. Motion carried unanimously. It was moved by Alderman Eaves, seconded by Alderman Carpenter, to adopt Appropriation Ordinance GO 275-71 from the General Obligation Bond Fund, 1966, Acct. 424, in the amount of $300.00 payable to Mildred Tucker, County Clerk, for payment to three commissioners for the City of Plainview, eminent domain proceedings; Elton Wilson, Clarence Wright, and Jack Robertson ($100 each). Motion carried unanimously. It was moved by Alderman Eaves, seconded by Alderman Garrison, to adopt Appropriation Ordinance GO 276-71 from the General Obligation Bond Fund, 1966, Acct •424 in the amount of $10.00 payable to Mr. Mrs. B. K. Thruston for a quick claim deed. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt Appropriation Ordinance GO 277-71 from the General Obligation Bond Fund, 1966, Acct. 424, in the amount, of $180.00 payable to Elowyn Ellis for 1971 crop damage. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by AlderMan Eaves, to adopt Appropriation Ordinance GO 278-71 from the General Obligation Bond Fund, 1966, Acct. 424, in the amount of $24.50 payable to Security Abstract and Title Company for Supplemental Abstract No. 19.626; a part of the southeast quarter of Section 28, Block JK-2, Hale County, Texas (B. K. Thruston). Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Williams, to adopt Appropriation Ordinance No. 71-1144 from the General Fund, Acct. 418, in the amount of $6,500.00 payable to B. K. Thruston and Melba Thruston for purchase of Running Water Draw drainage channel. Motion ca=ied unanimously. 167 It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt, pproriation Ordinance No. 71-1145 from the General Fund, Acct. 418,.in the amount of :738.90 payable to Hale County for the final welfare participation payment. Motion carried.with Aldermen 'Garrison, Williams, Eaves, and Cross voting 'Aye" &nd Alderman Carpenter voting "Nay". It was moved by Carpenter, seconded by Alderman Eaves, to approve the request of Marion Ginn for the lease of the east ten acres of the City's twenty acre tract located due east of the Plainview Water Reclamation Plant on a month-to-month lease basis at $1-00 per month for grazing rights, provided that Mr. Ginn furnish the City with a hold harmless agreement. Motion carried unanimously. It was moved by Alderman Eaves, Seconded by Alderman Garrison, to approve the re UeS of 3. 0. Goree, subject to the legal opinion of the City Attorney, for an amendment to be drawn up making the lease on a month-to-month basis, subject to cancellation of either party. Motion carried unanimously. The analysis of revenue and payment of bills for the month of December were read and discussed. It was moved by Alderman Carpenter, seconded by Alderman Cross, to pay the bills and accept the reports for filing. Motion carried unanimously. 1,a or Thomas read a ::amary of priorities for the City of Plainview as discussed at the week-end meeting at Runaway Bay held January 15, 16, and 17. it was moved by Alderman Williams, seconded by Alderman Carpenter, to adjourn the meeting. Motion carried unanimously. Meeting ourned at 8:35 P. M. JEST: The Board of City Development Financial Statement was read and discussed. The City/County Health Department Report was read and discussed. M. L. Rak, City Clerk MINUTES CITY COUNCIL MEETING January 18, 1971 Page 3 LOUIS N. TH6RAS, Mayor STATE OF TEXAS COUNTY OF HALE CITY OF PLAINVIEW BE IT KNOWN that at a meeting of the City Council of he City of Plainview held at its regular meeting place in the City Hall of said City on the 18th day of January, 19i1 with a quorum of said council present, the following resolution was introduced and passed: A RESOLUTION PHEREAS, there has been presented to the City Council an easement in f.4,ur of Southwestern Public ;Ser'.:i-c- Company for the purpose of the installation, maintenance, repair, replacement and :enlargement of utility facilities, upon, under and across the facilities owned by the City of Plainview and County of Hale and operated as the Hale County -City of Plainview Airrort. For a description of ,the land covered by said easement and the location of same, ref pence is here, ma'ic to said utility easement which is dated the 18th day of January, 1971; and ¶iEREAS, said facilities are `n:tided for said airport and the granting of said easement is a prerequisite to the installation of said facilities; NOW TEEREFORE BE IT RESOLVED, by the City,Couucil of the City of Plainview that said easement be granted Southwestern Public Company "aid that :.the Mayor be directed and "authorized to execute said easement.on behalf of the City of Plainview; BE IT FUR` EER` :RESOLVED, that °'_a caser ..nt together with -:a ?op; of ,.this resolution be then forwarded to County Judge of Heie County for action thereon. ATTEST: PASSED This ale 18th day of Janua7 f; 1971. N. THOMAS, Mayor, City of ri ii v eS� DATE: 1 1N REPLY REFER TO: ABQ- 620 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION December 1970 Proposed right of way easement, City- County Airport, Plainview, Texas Mr. Joe Sharp Morehead, Sharp, Tisdel Gibbins 621 Baltimore Plainview, Texas 79072 We have completed our review of the utility easement description and plat submitted for Southwestern Public Service Company on the Plainview, Hale County, Airport accompanying your letter of 25 November 1970. We are unable to verify the location shown for the northeastern corner of Section 41, Block JK- 2; ,however, the easement description correlates with the plat, and we have no objection to the easements described. Prior to installation, any aboveground facilities, will have to be studied by FAA from an airspace, utilization standpoint, in order to comply with FAR, (Federal Aviation Regulations) Part 77. We are therefore enclosing one set of FAA Form 7460 for this purpose. We suggest that you have the Southwestern Public Service Company complete this Form to show their proposed development and submit it to us for review prior to your granting the easement to them; If we can be of any further service, please contact us. BILL J. HOW D Chief, Airports Branch Enclosure ALBUQUERQUE AREA OFFICE P. o. BOX 8502 ..'5301 CENTRAL AVENUE ALBUQUERQUE, NEW MEX!C0 87108 Southwestern Public Service Company, DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION NOTICE OF PROPOSED DESTRUCTION OR ALTERATION TO BE CO;';PLEI ED BY Fd.,: AERONAUTICAL STUDY NO. 7O L13Q 281 0E 1. NATURE OF STRUCTURE (Complete both A and B below) _'AA F', ILL COMPLETE AND RETURN THIS FC IF ONE OR MORE. OF THE FOLLOWING iS AF.PL;CAELE, OTHERWISE 'SEPARATE A. (Check one) NEW CONSTRUCTION al ALTERATION ,;C K <OW _DGEME;TWI_'L EE I sSUEB. 'B• (Check one) (State length A. STUDY OF THIS PROPOSAL HAS G S PERMANENT ❑'TEMPORARY of time)- Mos. CLOSED THAT THE PROPOSED STRUCTURE: 2. NAME AND ADDRESS OF INDIVIDUAL, COMPANY, CORPORATION, ETC. PROPOSING aES NOT REQUIRE `ori_ TO THE CONSTRUCTION OR ALTERATION (Number, Street, City, State and Zip Code) I -1 a"LD NOT EXCEED ANY S NDA; F P ART 77 AND F.e LD NOT EE A HARD TO AIR NAVIGATION. TO Southwestern Public Service Company rULD DE MARKED ;t D LIGHTED PER -i dA O:STRUC MARKING AND P. 0. Box 1810 L. .RHTINC" ADViSORY CI..:.ULAR Plainview, Texas 79072 70 ;74vo -t. F' OU RES SUF L -Ps: N AL R OTICE. .NCT!CE FORM (FAA FCrM it 1) l._ L ENCLOSED. D. CC SENT TO FCC? YES- s ;G EV I t 31G G 7iCER DATE cc: PVW TWR, ABQ -200, GADO =7, SW=FYD0 -1 1 ?r 3. TYPE AND COMPLETE DESCRIPTION OF STRUCTURE An electric power line to be built,on,45! wooden poles to be set 6 in the ground. This line will operate at a voltage of 12,470 volts, phase to phase, and 7200 volts, phase to neutral or ground. (See attached drawing for typical structure.) 4. LOCATION OF STRUCTURE A. COORDINATES (To nearest second) B. NEAREST CITY OR TOWN, AND STATE Plainview, Texas LATITUDE LONGITUDE Town borders airport on north and east (I) DISTANCE FROM 4B (2) DIRECTION FROM 4B 34 10 7 101 42 21 Southwest edge of town MILES south and west C. NAME OF NEAREST AIRPORT, HELIPORT, OR SEAPLANE BASE (1) DISTANCE FROM NEAREST POINT OF (2) DIRECTION FROM 4C AIRPORT Hale County Airport .4n.rox.850' E. of N.E.Runwa :T East D. DESCRIPTION OF. LOCATION OF SITE W171 RESPECT TO HIGHWAYS, STREETS, AIRPORTS, PROMINENT TERRAIN FEATURES, EX- ISTING STRUCTURES, ETC. (Attach a highway, street, or any other appropriate map or seated drawing showing the relationship of construction site to nearest "airport(s). If more space is required, continue on a separate sheet of paper and attach to this notice.) 1. New power line to be constructed beginning at, the east side of U.S. Hwy. 87(Bypass; in the City of Plainview, Texas; thence westerly along a centerline of the Blakney Blvd. a distance of 1235' to point 200' east of the Terminal Bldg. 2. Removal of an existing power line located 296' north and extending in an east -west direction parallel to the new construction. This line was constructed in 1956, snme l)or,z ars ate. S. HEIGHT AND ELEVATION (Complete A, B and C to the nearest foot) 6. WORK SCHEDULE DATES A. WILL START A. ELEVATION OF SITE ABOVE MEAN SEA LEVEL 3367`' Feb. 1971 B- HEIGHT OF STRUCTURE INCLUDING APPURTENANCES LIGHTING (ilany) ABOVE GROUND, OR WATER IF SO SITUATED 39.3' B. WILL COMPLETE Feb. 1971 C. OVERALL HEIGHT ABOVE MEAN SEA LEVEL (A fB) 3406031 7. OBSTRUCTION MARKINGS The completed structure will be: YES NO A. MARKED AS SPECIFIED IN THE FAA ADVISORY CIRCULAR 70 /7460 -1, OBSTRUCTION MARKING AND LIGHTING X B. LIGHTED AS SPECIFIED IN THE FAA ADVISORY CIRCULAR 70 /7460 -1, OBSTRUCTION MARKING AND LIGHTING X I HEREBY CERTIFY that all of the above statements made by me are true, complete, and correct to the best of my knowledge. 8. NAME AND TITLE OF PERSON FILING' THIS NOTICE (Type or Print) 9. SIGNATURE an ink) Wendell R. Smith y Sr. Div. Design Engineer 10. DATE OF SIGNATURE 11. TELEPHONE NO. (Precede with area code) 12 -16 -70 806- 296 -2731 Persons who knowingly and willfully fail to comply with the provisions of the Federal Aviation Regulations Part 77 are liable to a fine of 5500 for the first offense increased Penalties thereafter as provided by Section 902(a) of the Federal Aviation Act of 1958 as amended. Form App roved. Budget Bureau No. 04 R00 UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HALE That we, HALE COUNTY, TEXAS, acting by and through its duly authorized County Judge, HENRY HECK and THE CITY OF PLAINVIEW, TEXAS, acting by and through its duly authorized Mayor, LOUIS THOMAS, for and in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, by this Agreement do grant to SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns, an easement of such width as inay be necessary for the installation, maintenance, repair, removal, replacement and enlargement of utility facilities, upon, under and across lands now owned by us, and located in the County of Hale, State of Texas, described more in detail as Strips of land 20 ft. wide being 10 ft. either side of following described centerlines. The strips of land are located, out of the J. M. Pressler Homestead Survey and Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas: BEGINTNING at a point in the west right -of -way line of U.S. Highway 87, said point also being 10 ft, south of the south line of the W. H. Reese tract, said point of beginning located 1722 ft. south and 300 ft; east of the northeast corner of Section 41, Block JK -2; THENCE westerly for a distance of 570 ft. to the (Hutcherson Air Service); THENCE westerly for a distance of 370 ft. to the (National Guard Armory); ALSO BEGINNING at a point in the west right -of -way line of U. S. Highway 87, said point also being the centerline of the Blakney Blvd. (main road to the Terminal Bldg.) and being located approximately 2755 ft. south and 120 ft. easterly of the northeast corner. of Section 41, Blk. JK -2 and out of the J. M. Pressler Homestead Survey; THENCE northwesterly and along the centerline of the Blakney Blvd. (which for all purposes is the center of the existing medium) a distance of 1235 ft.; THENCE southwesternly a distance of 105 ft.; It being the purpose and intent of this easement to serve both overhead and underground all existing facilities in this general area known as the Plainview Hale County Airport, Plainview, Texas; Also that point of widening between So. Columbia St. and U. S. Highway 87 By -Pass in the J. M. Pressler Homestead Survey and referred to as Highway Station P. T. 86 69.4 on .the U.S. Hwy. 87 By -Pass; Over and across in an east to west direction, a distance of approx. 110 ft. from the east R. O. W. line of U.S Hwy. 87 By -Pass to the west R. O. W. line of the South Columbia St. road (old U.S. Hwy. 87); ALSO BEGINNING at a point which is located 1 650 feet west and 30 feet south of the northeast corner of Section 41, Block JK-2, G. C. S. F. Survey, said point being known as the ?'Miller Drive" entrance road; THENCE southerly and parallel to the west side of Miller Drive Road a distance of 1047 feet more or less; ALSO BEGINNING at a point 135 feet south of the Miller Drive entrance road and extending in an easterly direction for a distance of 222 feet more or less, to serve a City well and water storage; 6. ALSO BEGINNING at a point 751 ft. south of the Miller Drive entrance road and extending in an easterly di rection for a distance of 466 ft, more or less to serve aircraft hangers in the general area of the Miller Flying Service; 7. ALSO BEGINNING at a point which is 350' west and 30' south of the northeast corner of Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas; THENCE southeasterly for a distance of 69 ft. to serve a City well); ALSO BEGINNING at a point which is located 2640 ft. south and 30 ft. east of the northwest corner of Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas; THENCE easterly for a distance of 218 ft. to serve an airport remote transmitter); is subject to the following conditions: All of the utility equipment: upon, under and across this easement will be as selected, installed, owned, maintained and operated by SOUTHWESTERN PUBLIC SERVICE COMPANY, or their licensee, in accordance with the applicable National Electric Safety Code or such other codes, laws, rules or regulations applicable at the time of such installation. The Electric Power Line will consist of a variable number of conductors or wires, insulators, crossarms and all other necessary and desirable power line devices, attached to, supported from, and, a part of the necessary structures consisting of a variable number of wood, steel or other metal members or poles, props, guys and anchors. Where underground distribution is to be installed, Utility Conductors to be installed on this easement will be underground at such depth(s) as determined by SOUTHWESTERN PUBLIC SERVICE COMPANY, provided that this easement also applies to such conductors and related utility equipment as may be necessary to permit above- ground termination of conductors on above- ground improvements installed, or to be installed on this property; or to permit conductor termination on, and /or to permit above ground installation of utility owned facilities as may be necessary to the service provided. Utility owned above ground installations may consist of such equipment as electrical protective devices, meters, terminal. boxes, transformers, etc., all as necessary to provide safe, adequate utility service to the utility customer(s) occupying, or why may occupy, the land hereinabove described. SOUTHWESTERN PUBLIC SERVICE COMPANY will have the right of ingress or egress over my or our adjacent land for the purposes of constructing, maintaining, operating and reconstructing the utility facilities on this easement. The Company shall have the right to remove any obstruction which might endanger or interfere with the operation, safety, or efficiency of the utility installation. 4. Grantor, its successors and assigns, shall have the right to use and occupy the surface of said property for any purpose consistent with the rights and privileges herein granted and which will not endanger or interfere with construction, maintenance and operation or reconstruction of utility installation. SOUTHWESTERN PUBLIC SERVICE COMPANY shall have the right to use this easement in whole or in part as may be necessary to provide underground utility service to its customers wherever situated and to above- ground installations of street, alley and /or highway lighting, or so- called decorative street lighting. These easement rights are available to SOUTHWESTERN PUBLIC SERVICE COMPANY, its heirs, successors or assigns only until such time as the utility installations made upon, under or across the easement are permanently abandoned and removed, at which time the title and interest of SOUTHWESTERN PUBLIC SERVICE COMPANY, its successor and assigns, shall vest in the owners of the underlying fee interest in said property. I, We, hereby bind ourselves, our heirs and assigns, and legal representatives to WARRANT and FOREVER DEFEND all and singular the rights conveyed herein unto SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns. IN WITNESS WHEREOF, our hands this, the 18th day of January A.D. 1971, SOUTHWESTERN PUBLIC SERVICE COMPANY shall have the right to assign, license, permit or otherwise agree to the sole or joint use and occupancy of the easement by any other person, association or corporation for construction, maintenance and operation of underground communication, signal, control or alarm circuits, and upon such assignment, license or permit or agreement, all of the provisions here under shall be binding on such person, association or corporation. HALE COUNTY, TEXAS, acting by and through its duly authorized County Judge, THE CITY OF PLAINVIEW, TEXAS, acting by and through its duly authorized Mayor, Louis Thomas THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared HENRY HECK known to me to be the person and officer whose naive is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN day of NDER MY HAND AND SEAL OF OFFICE, this, the 1970. GIVEN LTDER MY HAND AND SEAL OF OFFICE, this, the 21 clay of 1970. Notary Publi Hale County, Texas THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared LOUIS THOMAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Public, Hale County, Texas THE STATE OF TEXAS COUNTY OF HALE 1. UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That we, HALE COUNTY, TEXAS, acting by and through its duly authorized County Judge, HENRY HECK and THE CITY OF PLAINVIEW, TEXAS, acting by and through its duly authorized Mayor, LOUIS THOMAS, for and in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, by this Agreement do grant to SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns, an easement of such width as may be necessary for the installation, maintenance, repair, removal, replacement and enlargement of utility facilities, upon, under and across lands now owned by us, and located in the County of Hale, State of Texas, described more in detail as: Strips of land 20 ft. wide being 10 ft. either side of following described centerlines. The strips of land are located, out of the J. M. Pressler Homestead Survey and Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas: BEGINNING at a point in the west" right -of -way, line of U.S.' Highway 87, said point also being 10 ft. south of the south line of the W. H. Reese tract, said point of beginning located 1722 ft. south and 300 ft. east of the northeast corner of Section 41, Block JK -2; THENCE westerly for a distance of 570 ft. to the (Hutcherson Air Service); THENCE westerly for a distance of 370 ft. to the (National Guard Armory); ALSO BEGINNING at a point in the west right -of -way line of U.S. Highway 87, said point also being the centerline of the Blakney Blvd. (main road to the Terminal Bldg.) and being located approximately 2755 ft. ''south and 120 ft. easterly of the northeast corner of Section 41, Blk. JK -2 and out of the J. M. Pressler Homestead Survey; THENCE northwesterly and along the centerline of the Blakney Blvd. (which for all purposes is the center of the existing medium) a distance of 1235 ft.; THENCE southwesternly a distance of 105 ft. It being the purpose and intent of this easement to serve both overhead and underground all existing facilities in this general area known as the Plainview Hale County Airport, Plainview, Texas; Also that point of «Tidening between So. Columbia St. and U. S. Highway 87 By -Pass in the J. M. Pressler Homestead Survey and referred to as Highway Station P. T. 86 69.4 on .the U. S. Hwy. 87 By -Pass; Over and across in an east to west direction, a distance of approx. 110 ft. from the east R. O. W. line of U. S. Hwy. 87 By -Pass to the west R. O. W. line of the South Columbia St. road (old U. S. Hwy. 87); ALSO BEGINNING at "a point which is located 1650 feet west and 30 feet south of the northeast corner of Section 41, Block JK -2, G. C. S. F. Survey, said point being known as the "Miller Drive" entrance road; THENCE southerly and parallel to the west side of Miller Drive Road a distance of 1047 feet more or less; ALSO BEGINNING at a point 135 feet .south of the Miller Drive entrance road and extending in an easterly direction for a distance of 222 feet more or less, to serve a City well and water storage; ALSO BEGINNING at a point 751 ft. south of the Miller Drive entrance road and extending in an easterly direction for a distance of 466 ft. more or less to serve aircraft hangers in the general area of the Miller Flying Service; ALSO BEGINNING at a point which is 350' west and 30' south of the northeast corner of Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas; THENCE southeasterly for a distance of 69 ft. (to serve a City well); ALSO BEGINNING at a point which is located 2640 ft. south and 30 ft east of the northwest corner of Section 41, Block JK -2, G. C. S. F. Survey, Hale County, Texas; THENCE easterly for a distance of 218 ft. (to serve an airport remote transmitter); cii1■ent s subject to the following conditions: All of the utility equipment upon, under and across this easement will be as selected, installed, owned, maintained and operated by SOUTHWESTERN PUBLIC SERVICE COMPANY, or their licensee, in accordance with the applicable National Electric Safety Code or such other codes, laws, rules or regulations applicable at the time of such installation, The Electric Power Line will consist of a variable number of conductors or wires, insulators, crossarms and all other necessary and desirable power line devices, attached to, supported from, and a part of the necessary structures consisting of a variable number of wood, steel or other metal members or poles, props, guys and anchors. Where underground distribution is to be installed, Utility Conductors to be installed on this easement will be underground at such depth(s) as determined by SOUTHWESTERN PUBLIC SERVICE COMPANY, provided that this easement also applies to such conductors and related utility equipment as may be necessary to permit above ground termination of conductors on above- ground improvements installed, or to be installed on this property; or to permit conductor termination on, and /or to permit above- ground installation of utility owned facilities as may be necessary to the service provided. Utility owned above ground installations may consist of such equipment as electrical protective devices, meters, terminal boxes, transformers, etc., all as necessary to provide safe, adequate utility service to the utility customer(s) occupying, or why may occupy, the land hereinabove described. SOUTHWESTERN PUBLIC SERVICE COMPANY will have the right of ingress or egress over my or our adjacent land for the purposes of constructing, maintaining, operating and reconstructing the utility facilities on this easement. The Company shall have the right to remove any obstruction which rnight endanger or interfere' with the operation, safety, or efficiency of the utility installation. Grantor, its successors and assigns, shall have the right to use and occupy the surface of said property for any purpose consistent with the rights and privileges herein granted and which will not endanger or interfere with construction, maintenance and operation or reconstruction of utility installation. SOUTHWESTERN PUBLIC SERVICE COMPANY shall have the right to use this easement in whole or in part as may be necessary to `provide underground utility service to its customers wherever situated and to above- ground installations of street, alley and /or highway lighting, or so- called decorative street lighting. SOUTHWESTERN PUBLIC SERVICE COMPANY shall have the right to assign, license, permit or otherwise agree to the sole or joint use and occupancy of the easement by any other person, association or corporation for construction, maintenance and operation of underground communication, signal, control or alarm circuits, and upon such assignment, license or permit or agreement, all of the provisions here- under shall be binding on such person, association or corporation. These easement .rights: are available to SOUTHWESTERN PUBLIC SERVICE COMPANY, its heirs, successors or assigns only until such time as the utility installations made upon, under or across the easement are permanently abandoned and removed, at which time the title and interest of SOUTHWESTERN PUBLIC SERVICE COMPANY, its successor and assigns, shall vest in the owners of the underlying fee interest in said property. 1, We, hereby bind ourselves, our heirs and assigns, and legal representatives to WARRANT and FOREVER DEFEND all and singular the rights conveyed herein unto SOUTHWESTERN PUBLIC SERVICE COMPANY, its successors and assigns. IN WITNESS WHEREOF, our hands this, the 18th day of January A.D. 1971. HALE COUNTY, TEXAS, acting by and through its duly authorized County Judge, THE CITY, OF PLAINVIEW, TEXAS, acting by and through its duly authorized Mayor, Lo iuiu s Thomas THE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared HENRY HECK known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN day of NDER MY HAND AND SEAL OF OFFICE, this the /P -L49-47 1970. No ary Pub Hale County, Texas TI-IE STATE OF TEXAS COUNTY OF HALE BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared LOUIS THOMAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN DER MY HAND AND SEAL 'OF OFFICE, this, the J day of Notary Public, Hale County, T exas