The Manager of Public Works of the City of _________, _________[state] has found and determined that the public use, convenience and necessity no longer require that certain part of that certain street in the system of thoroughfares of the municipality as described below and, subject to approval by ordinance, has vacated the same with the reservations hereinafter set forth;

Now, Therefore, Be It Enacted By The Council Of The City Of _________, _________[county]:

Section 1. That the action of the Manager of Public Works in vacating the following described area in the City of _________, County of _________ and State of _________, to wit: That part of _________[name of street] lying between the _________[compass direction] line of _________[name of street] and the _________[compass direction] line of _________[name of street], is hereby approved and the described portion of that certain street is hereby vacated and declared vacated; PROVIDED, HOWEVER, this vacation shall be subject to the following conditions and reservations:

Section 2. The City of _________, _________[state], (the "City") hereby reserves unto itself for the use of the City by its agencies and other utility owners (referred to collectively as "Utility Owners"), their successors and assigns, the permanent, nonexclusive right to enter, re-enter, occupy, and use the described property to construct, maintain, repair, replace, remove, enlarge, and operate their utilities and all service appurtenances thereto existing within the Easement Area (as such term is defined below) on the date of City Council approval of this Ordinance. By way of example and not by way of limitation, the City intends to include within the term "utilities" any of the following which are located within the Easement Area as of the date of City Council approval of this Ordinance: pipes, pipelines, mains, conduits, valves, vaults, poles, posts, manholes, ventilators, cables, wiring, and the like in, through, over, and across the following-described parcel(s) of land (hereinafter referred to as the "Easement Area") situate in the City of _________, _________[state], and, to-wit:

That part of the vacated street(s) lying within _________[fifteen (15)] feet of a single utility or within _________[ten (10)] feet if more than one utility as measured either side of a line that is extended vertically from the ground to the centerline of any active utility remaining within or above the vacated lands.

The owner of the Easement Area must provide and record a licensed survey drawing of the remaining utilities located in the Easement Area to the Utility Owner(s) and to the Clerk and Recorder within _________[60] calendar days after the published date of this Ordinance, or the Manager of Public Works may request City Council to declare this Ordinance to be null and void and the vacated lands will be returned to and for public use.

Section 3. The owner of the Easement Area shall not construct or place any structure or building, retaining wall, fence, streetlight, power pole, yard light, mailbox, or sign, temporary or permanent, or plant any shrub, tree, woody plant, or nursery stock (other than grass, flowers, or similar low-lying ground cover), on any part of the Easement Area, except as permitted below. Any such device or feature situated on the Easement Area as of the date of this reservation and not permitted herein may be removed by the Utility Owner(s) without liability for damages arising therefrom. Notwithstanding the foregoing, the owner of the Easement Area may place within the Easement Area sidewalks, curbs and gutters, a trash dumpster on wheels, a movable loading dock, a _________[fifteen (15)] foot swinging gate located above the water line and sanitary sewer line situated within the Easement Area, which is accessible _________[twenty-four (24)] hours per day to the _________[city] Water Department, a masonry fence which is at least _________[ten (10)] feet from any utility line, and a gate which meets the requirements of Section 8 below. In addition, trees and shrubs (and replacements thereof) located within the Easement Area on the date of City Council approval of this Ordinance may remain and additional trees and shrubs may be placed within _________[five (5)] feet of either side of the boundary line of the Easement Area after approval by the _________[city] Water department of a landscape plan showing the types and location of such new trees and shrubs.

Section 4. The Utility Owner(s) shall have and may exercise the right to subjacent and lateral support to whatever extent is necessary or desirable for the full, complete, and unmolested enjoyment of the rights hereinabove described. The owner of the Easement Area shall take no action which would impair the earth cover over, or the lateral or subjacent support for any utility or appurtenances within the Easement Area; provided, however, that upon obtaining the specific written permission of the Utility Owner(s), the utility may be modified, provided that the modification maintains a cover of at least _________[four (4)] feet, but not more than _________[ten (10)] feet measured vertically from the top of any utility to the finished surface of the ground. Any modification of utilities undertaken by the owner of the Easement Area shall be upon terms which will provide for reimbursement to the Utility Owner(s) of the cost of any alterations to any utility made necessary by the change.

Section 5. The owner of the Easement Area, at such owner's sole expense, shall maintain a paved roadway over the entire Easement Area, together with improvements permitted under Sections 3 and 8, or within an area that has been reviewed and approved in writing by the affected Utility Owner(s). Paved pedestrian or bicycle walks and paths, islands, and medians are permitted within the Easement Area.

Section 6. The owner of the Easement Area shall have the right to use the Easement Area for ingress and egress, including vehicular traffic, and truck loading and unloading, provided that such use and occupancy does not impair any grant herein contained. Parking (other than for loading and unloading purposes) within the Easement Area is prohibited.

Section 7. The City and the owner of the Easement Area agree that other public utilities such as sanitary sewer, storm sewer, water lines, telephone, gasoline, gas and electric lines, may be installed in the above-described Easement as long as piping itself is metallic or concrete, after the date of the reservation of this Easement within the Easement Area. All utilities installed subsequent to the date of this reservation and crossing the Easement Area should cross at approximately right angles and any and all subsequently installed utilities that are installed parallel to any other utility shall be at least _________[ten (10)] feet from said utility.

Section 8. In addition to the swinging gate described in Section 3 above, one horizontally sliding gate at least _________[twenty-five (25)] feet wide that is accessible to personnel of the Owner of the Easement Area _________[twenty-four (24)] hours per day, allowing the _________[city] Water Department crews access at all times, will be allowed at a location mutually agreed upon by the _________[city] Water Department and the Owner of the Easement Area.

Section 9. The City and the owner of the Easement Area acknowledge that there may be existing public utilities such as sanitary sewer, storm sewer, gas, electric, cable TV lines, and water lines within the Easement Area as of the date of the reservation of this Easement and that the owners of such public utilities have rights within the Easement Area with respect to their existing facilities.

Section 10. The owner of the Easement Area, at such owner's expense, shall be solely responsible for the maintenance of all improvements constructed by such owner within the said Easement Area, except as specified in this paragraph. When a utility owner deems it necessary to reconstruct, repair, relocate, remove, replace, enlarge, operate, or in any way maintain its utility, and appurtenances thereto, the respective Utility Owner(s) will backfill, compact, and restore the area of excavation to the grade and condition existing immediately prior to excavation, as nearly as may reasonably be. The Utility Owner(s) will exercise all reasonable means to prevent damage to the improvements which are situated within the Easement Area but outside of the immediate area of excavation. In the event said improvements are damaged due solely to a Utility Owner's negligence, the Utility Owner will repair and/or replace said improvements at its expense.

Section 11. The City further reserves the right, from lime to time, to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement Area which now or hereafter, in the opinion of the Utility Owner(s), may be a hazard to the said facilities, or appurtenances thereto, or may interfere with the exercise of the rights hereinabove; provided, however, that all trees which the Utility Owner(s) is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of the owner of the Easement Area, but all tops, lops, brush, and refuse wood shall be burned or removed by the Utility Owner(s).

Section 12. Each and every one of the benefits and burdens of this reserved Easement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors, and assigns of the City, the Utility Owner(s), and the Owner of the Easement Area.

Section 13. Construction of any type is not permitted on the vacated lands until all National Pollution Discharge Elimination System ("NPDES") requirements are submitted to and approved by the City, to the extent required.

The Manager of Public Works has made the findings and determinations as set forth in the above and foregoing draft or form of a proposed Bill for an Ordinance, and subject to approval by Ordinance, has vacated and does hereby vacate those certain portions of the described streets and alleys subject to certain reservations, and requests the Council of the City of _________, _________[state] to approve such vacation subject to certain reservations, by the enactment of an appropriate Ordinance, and approves such draft or form of a proposed Bill for an Ordinance and recommends that it be introduced and passed.