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Public works committee authorizes mayor, manager and attorney to finalize trees-in-right-of-way indemnification for 214 Edgewood Blvd.
Summary
After neighbors and the property owner described the history and community support for the green perimeter, the public works committee authorized city staff to finalize an indemnification agreement for trees already planted in the right of way at 214 Edgewood Boulevard and forward it to full council.
Homewood’s public works committee authorized the mayor, city manager and city attorney to finalize an indemnification agreement that would allow the existing trees planted in the right of way at 214 Edgewood Boulevard to remain under conditions set by the city.
Homeowners said the green perimeter is historic and that they would repair any sidewalk damage caused by the new trees. Counsel and the applicants worked with city staff to align the proposed agreement with the city’s standard indemnification form, which will include a covenant recorded against the property and an exhibit that describes the specific improvements in the right of way.
The applicants asked for a 60-day removal-notice window rather than the city’s typical 10-day window; staff and the applicants agreed to revert to the city’s standard agreement language but with a 60-day notice period to allow adequate time for removal if required. The attorney and staff said exhibit 1 should precisely depict the improvements in the right of way and that the recorded covenant will run with the land so future owners are on notice.
The committee approved a motion authorizing execution of the document once finalized by the mayor, city manager and city attorney; the motion passed 4–0 and will go to full council.
