Homewood committee authorizes indemnification agreement to allow trees at 214 Edgewood Boulevard to remain

HOMEWOOD, Ala. — The Homewood Public Works Committee on June 2 authorized staff to finalize an indemnification agreement that would allow trees planted in the public right of way at 214 Edgewood Boulevard to remain, and sent the item to the full City Council after a 4-0 vote.

The agreement, as discussed at the committee meeting, would record a covenant running with the land obligating the property owners to indemnify the city for loss or damage arising from the improvements and to repair sidewalk damage caused by roots. Committee members and the applicants discussed details including a proposed 60-day removal-notice window, a precise exhibit showing the location of the trees in the right of way, and recording the agreement in real property records.

Homeowner Rachel Mobley told the committee she and her neighbors intend to maintain the planted area and apologized for not attending the prior meeting. “Of course we would be able to address any sidewalk concerns … we’d be happy to repair the sidewalks,” Mobley said. David Kinman, representing the Mobley family, said the parties prefer using the city’s standard form with some redlines and described recording the obligation in the property records. “We are committing to indemnify the city for any loss or damage arising out of these improvements,” Kinman said, adding that “the most likely thing would be damage to the sidewalks, due to roots growing.”

Committee members pressed for clarity about which trees and which portion of the property the agreement would cover. Kinman and city staff agreed an exhibit (referred to as Exhibit 1) or a limited legal description should show the precise area within the right of way that is covered by the covenant. City staff indicated they will work with the applicants to produce a clear depiction or survey update limited to the right-of-way area affected.

The applicants asked for a 60-day notice period for removal if the city requires the trees taken out, rather than the city’s typical 10-day window. City staff indicated the draft will be revised to be more consistent with the city’s other agreements while reflecting that longer removal window where appropriate. Committee members also noted the covenant will remain on the title and could be visible to future buyers.

A motion “to authorize the execution of a document that the mayor, the city manager, and the attorney approve associated with this” passed on a 4-0 voice vote; the committee did not record individual member votes. The committee chair reported the item will be placed on the full City Council agenda next Monday at 6 p.m.

Less-critical details discussed included that three adjacent residents had told committee members they support leaving the green perimeter as it is, and that the applicants estimate roughly 15 to 20 new trees are concentrated along Roseland in the right of way. City staff and the applicants will collaborate on the final exhibit and legal description for the agreement.