HomeMy WebLinkAbout910084.tiff RESOLUTION
RE: RATIFYING LEE MORRISON'S SIGNATURE ON AGREEMENT BETWEEN WELD COUNTY AND HAMAKO
MIYOSHI
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant
to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement between Weld County and
Hamako Miyoshi for property located at 2120 Cherry Avenue, Greeley, Colorado, having
the following legal description:
Lot 4 of the NW/4 of the NW/4 of Section 15, Township
5 North, Range 65 West of the 6th P.M. in Weld County,
Colorado,
with the further terms and conditions being as stated in said Contract, and
WHEREAS, due to time constraints, the Board instructed Lee Morrison, Assistant
County Attorney, to act as Agent for the Board of County Commissioners in this
matter, and
WHEREAS, the Board deems it advisable to ratify the signature of Lee Morrison
on said Agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement between Weld County and Hamako Miyoshi be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the signature of Lee Morrison on said
Agreement be, and hereby is, ratified.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 4th day of February, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Lift4Old% WELD COU LORADO
Weld County Clerk to the Board
"/ Gor a yhairman
By: i
Deputy Clerk to the Board 1
Geo/r Kenn dy, Pro-Tem ��—
APPROVED S TO FORM:
onstance L. Harbert
(74,O1— 2���7
County Attorney C. W. Kir y
if!21/4ki le)Sat 7
W. H. Webster
910084
AGREEMENT
THIS AGREEMENT is entered into this / day
of , .,// 1991 , between WELD COUNTY, COLORADO
(hereinaf.Cer referred to as "THE COUNTY") and HAMAKO MIYOSHI
(hereinafter referred to as "THE OWNER"
THIS AGREEMENT concerns the property located at 2120
Cherry Avenue, Greeley , Colorado , having the following legal
description .
Lot 4 of the Northwest Quarter (NW1/4)
of the Northwest Quarter (NW1/4) of Section
Fifteen ( 15) Township Five (5) North,
Range Sixty-five (65) West of the 6th P. M.
in Weld County, Colorado.
The property described above is currently zoned commercial by
The County .
The owner of the property is elderly and currently
resides on the property alone . The purpose of placing a
mobile home on the property is to serve as a residence for
another individual who will provide security and act as a
caretaker for The Owner .
The Owner understands and acknowledges that she would
not be allowed to establish an ancillary residence on her
property as it is currently zoned. However, The County, by
entering into this agreement , hereby agrees not to pursue
zoning violations against The Owner for establishing an
ancillary residence on her property so long as that ancillary
residence is used for the purpose of providing security for
The Owner or as the residence of a caretaker of The Owner .
The parties both agree that this agreement is valid for
five (5) years from the date of the agreement . At the
expiration of the five (5) years , this agreement shall expire
unless expressly extended by the parties in writing . This
agreement shall not constitute a permanent waiver of The
County ' s rights to enforce its zoning ordinances and The
Owner understands and agrees that this agreement applies only
to the property described above under the specific
circumstances described above.
The County shall have the right to rescind this
agreement if The Owner transfers the property or if the
ancillary residence ceases to be used for caretaker or
securitypurposes.
/
Hamako Miyoshi/ L e Morrison, Legal
Representative and Agent
for The Weld County Board
of Commissioners .
LAW OFFICES
HOUTCHENS, HOUTCHENS AND DANIEL
1007 NINTH AVENUE
S.ROBERT HOUTCHENS
BARNARD HOUTCHENS GREELEY,COLORADO 80631-4094 191 z 1989
JOHN B.HOUTCHENS
JERRY C.DANIEL RODGER 1.HOUTCHENS
KIM ROBERT OUTCHENS 192 I-19B9 H
THOMAS A.HOUTCHENS January 30, 1991
TELEPHONE (AREA CODE 3031
DALLAS D.GREENFIELp GREELEY 3539195
RICHARD K.BAINTER METRO DENVER 57 10032
FAX. 3530151
HAND DELIVERED
Lee Morrison
County Attorney ' s Office
Centennial Building
Greeley , Colorado 80631
RE: Miyoshi/Weld County Agreement
Dear Lee :
Enclosed is the document that I drafted regarding the
Miyoshi property . Please look it over and make any changes
that you think are appropriate . The gentleman who plans to
move onto Mrs . Miyoshi ' s property has to be out of his
current home at the end of the month. So , I am under some
time pressure on this and I 'd appreciate your suggested
changes as soon as possible .
Thank you for your help.
Sincerely ,
HOUTCHENSf—HOUTCHENSvAND DANIEL
Ric Bainter
RB: ih
Enc .
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