Council approves right-of-way improvements behind 306 Devon Drive with indemnification condition

Homewood City Council on June 16 approved a developer request to improve the city right-of-way in the alley behind 306 Devon Drive to provide construction access and a rear garage driveway, with a condition that the property owner indemnify the city and maintain the improvement.

Construction staff said they meet with neighbors and the adjacent property owners to explain the plan; the proposal would extend existing paved alleywork and create a construction laydown area so that trucks and materials could stage from the main road rather than through the alley. Staff described the dark-gray area on the plan as the proposed new driveway area located inside the city right-of-way, and said the alley narrows from 25 feet to roughly 12 feet in places and is overgrown in sections.

Council members asked who would maintain the improved driveway. The motion approved by the committee required that the property owner maintain the improvement and included indemnification language. A staff member noted that if the owner later fails to maintain the improvement the city could require proper maintenance as a condition. The council formally moved to approve the use of the right-of-way with pending indemnification; the motion was made by Councilor Hardin, seconded by Councilor Nelms and carried 5-0.

Presenters said the rear access would be for the owner’s garage after construction and that a front parking pad and construction staging area on the main road would be used to reduce alley traffic. The work will require permitting and standard indemnification paperwork; staff indicated the city could attach a condition that the property owner is responsible for long-term maintenance of the new pavement.