Title
The Board of Water Commissioners for the City of Detroit, Water and Sewerage Department authorizes the Director to approve a Restrictive Covenant with Farnsworth Development Company, LLC, and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
Body
Agenda of August 16, 2023
Item No. 2023-188
Project Length: Indefinite
Amount: N/A
TO: The Honorable
Board of Water Commissioners
City of Detroit, Michigan
FROM: Jacob S. Bahri, Associate General Counsel
Detroit Water and Sewerage Department
RE: Approval of Declaration of Restrictive Covenant
MOTION
Upon recommendation of General Counsel of the Board of Water Commissioners for the City of Detroit (“the BOWC”), the BOWC authorizes the Director to approve a Restrictive Covenant Agreement with Farnsworth Development Company, LLC, a Michigan limited liability company, with offices located at 630 Woodward Avenue, Detroit, Michigan 48226 to ensure that any future modification of the site is consistent with the provisions of the approved Post Construction Stormwater Management Plan and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND
This restrictive covenant concerns 5140 Riopelle, Detroit, Michigan 48236 (parcel number 07001399-410). DWSD is requesting this restrictive covenant to ensure that the Owner will maintain the stormwater control measures on the property consistent with the provisions of the Post Construction Stormwater Management System Long-Term Maintenance Plan.
JUSTIFICATION
Restrictive Covenants are legal instruments recorded with the county register of deeds and are, for DWSD’s purposes, used to impose land use restrictions. Restrictive Covenants inform prospective owners or potential purchasers of the restricted conditions of the property and ensure long-term compliance with the use restrictions that are necessary to maintain stormwater infrastructure.