HomeMy WebLinkAbout20150718.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MICHAEL AND DAISY
BOULTER
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 Concerning the Purchase
of Public Road Right-of-Way, Permanent Easement and Temporary Construction Easement for
Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Michael and Daisy Boulter, 22019 CR 54, Greeley, CO 80631, with terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Concerning the Purchase of Public Road Right-of-Way,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and
Michael and Daisy Boulter be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
l L:R (pe1/Lc514130 2015-0718
EG0072
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - MICHAEL AND DAISY BOULTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,/COLORADO
ATTEST: cA. ,4 C.Z i I A 7
mid/ l/ a,. •k,(1v(2 arbara Kirkmeyei, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
ty Clerk t• the Boa -r' i ♦ C
��:` �-a Sean P. Conw y
APPROVE AS TO FOR �, sue a C ,,z( Oa A
it ° ' uCozad
li
County Attorney ♦`/Ii,r;, / ^U�
�/ ��woe Steve Moreno
Date of signature: ` 6
2015-0718
EG0072
: 6 = MEMORANDUM
L12_
�J(I TO: Clerk to the Board DATE: May 8, 2015
FROM: Tiffane Johnson. Public Works Department
SUBJECT: Consent Agenda Item
RE: WCR 49
Acceptance of Warranty Deed for Public Road Right-of-Way for Certain Improvements to WCR49
with Michael Boulter and Daisy Boulter. (RW-39, Doc#2015-0713)
RECEIVED
MAY 1 1 2015
WELD COUNTY
COMMISSIONERS
Cow a$ aik
1‘% .5-- /?- 7b 4DXS--- 01/411S
9c100'72..
m\E con 49 corridor ACR 50-52VBoulter daisy michac'AAgenda Memo.doc
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN MICHAEL BOULTER AND DAISY BOULTER AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this �o day of 2015, by and between
MICHAEL BOULTER AND DAISY BOULTER. whose address is 22019 County Road 54
Greeley, CO 80631, hereinafter collectively referred to as "Owner," and the COUNTY OF
WELD, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, whose address is 1 150 'O' Street. Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right-of-Way"). and
WHEREAS. Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easement"). and
WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement-). and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"). which will improve the alignment and construction of the roadway.
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS. County requires the parcel of the Public Road Right-of-Way for the benefit
of County in order to complete a portion of said Project. and
WHEREAS. County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement(s) in order to
construct the Project.and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project.
NOW. TI IEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and County agrees to purchase the Public Road
Right-of-Way shown and/or described on Exhibit "A" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Five
4100443 Pages: 1 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County. CO a oh` �9/ (/
VIIIM�r1Lf!�!t-.1 LIP!�;ITi+,l+i�1' lhil}li il'h7hi:IY4,i, 11111
Page 2 of 5
Hundred Dollars, ($500.00). The parties acknowledge and agree that said
purchase price represents full. fair and valuable consideration.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
"B" (a copy of which is attached hereto and made a part hereof by this reference),
for the sum of Five Hundred Dollars. ($500.00). The parties acknowledge and
agree that said purchase price represents full, fair and valuable consideration.
3. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Three Hundred
Dollars, ($300.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
4. If this agreement is executed and returned to our office on or before March 5.
2015 the County shall pay the amount described in Paragraph Three "3" of the
County's Rights and Responsibilities.
5. Owner warrants that they are the Owner of the Public Road Rights-of-Way,
Permanent Easement and the Temporary Construction Easement and will defend
title thereto against all claims.
6. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty
Deed. free and clear of all liens and encumbrances. except existing easements.
7. Owner agrees to grant the Permanent Easement- in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
8. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens. encumbrances or other possessory claims. except existing
easements.
-noa
A�.a
9. The 'I emporary Construction Easement shall commence on the day of closing and
-mot▪ mw shall expire and he of no further force or effect on January 1. 2018, or upon the
soy completion of the Intersection Improvement Project. whichever is earlier.
W nN
=mom 10. Owner shall not, during the term of the Temporary Construction Easement, erect
3m or construct, or allow to be erected or constructed. any building or other structures
a
mat
on the property described in Exhibit "C" which may interfere with County's full
enjoyment of the rights hereunder: the Temporary Construction Easement
includes all rights and privileges as are necessary or incidental to County's
▪ £ N reasonable and proper use of said easement.
N B
✓am
11. Owner shall retain the mineral estate under the Public Road Right-of-Way. the
Permanent Easement and the Temporary Construction Easement- and shall also
ar
n
▪n
P;AAVTIN:N I C40p1 MO(.1-1 FR, Dais) REV Compromise Agreement-Warrant) Decd- FIN AI 1-30-15.docs
Page 3 of 5
retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement and Temporary Construction Easement.
12. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-
of-Way to County and the Permanent Easement at the date of closing which shall
be no later than thirty (30) days following the County's execution of this
Agreement.
13. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties
thereon), on or before the date of closing when Owner delivers the Warranty Deed
to County and the Permanent Easement. Owner is solely responsible for the
payment of any amounts owed to a third party holding a security or other
ownership interest in the Public Road Right-of-Way, Permanent Easement and
Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall at closing pay for the cost of obtaining title insurance if County
desires to obtain title insurance for the Public Road Right-of-Way, Permanent
Easements and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement and
/or the Warranty Deed.
3. County shall pay One Thousand Six Hundred Ninety Dollars ($1,690.00) to the
Owner for the Public Road Right-of-Way, the Permanent Easement, and the
Temporary Construction Easement by County warrant(s) at the date of closing if
▪ y o� agreement is signed and returned on or before March 5, 2015. If the agreement is
not signed and returned on or before March 5, 2015, the County shall maintain its
e q mw current offer of Fair Market Value of One Thousand Three Hundred Dollars
u, ($1,300.00) for the Public Road Right-of-Way, the Permanent Easement, and the
or.) Temporary Construction Easement by County warrant(s) at the date of closing.
v 3 4. County, as a condition of the granting of Temporary Construction Easement
'4 a " covenants and agrees to restore the property described in Exhibit "C" to a level
comparable to its original condition.
gym +
74E-t- 5. Prior to construction commencing on the Project and right of way described
Mam herein, the County shall construct a temporary fence line along the outside
T o boundary of the temporary construction easement / permanent easement. At the
conclusion of construction, the County will install a new permanent right of way
fence along the boundary of the new right of way being acquired hereunder. The
Owner shall be responsible for the subsequent maintenance of said fence.
wr
Z:\WELDCNTY\C40#18\BOULTER, Daisy REV Compromise Agreement-Warranty Deed-FINAL 1-30-15.docx
Page 4 of 5
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and he enforceable by
the parties and their heirs- executors, administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of
County Commissioners of Weld County. Colorado or its designee.
3. No term or condition of this contract shall he construed or interpreted as a waiver.
express or implied, of any of the immunities, rights, benefits- protections or other
provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq.- as
applicable now or hereafter amended.
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation. promise. or consideration different from the
terms herein contained shall be binding on either party. or its agents or
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement. and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises. terms. conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
4100443 Pages: 4 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
�IIIM��11r;+R14r��I��:�W,II�ii '.I�hiiil CL' J �I�r� "III
P:'.WLI-DCN 11.,C'40fl 18'BOt 1 I Dais'i2EV Compromise Agreement-Warrant) Deed-FINAI. 1-30-I5.doev
Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: MICHAEL� BOULTER AND DAISY BOULTER
7
Michael Boulter Daisy Bo ter
Date: 3/7 /s,.
ATTEST: d � , r .� BOARD OF COUNTY COMMISSIONERS
Weld ' my Clerk to the oard WELD COUNTY. C LORADO
BY
Deputy erk to the Bo ut arbara Kirkmey fir. Chair AR 1 S 2015
APPROVED AS/ � CE/�(////j/�
TO FU. �.)) f PPROVED TO SUB 'TANCE::re Controller 11"" ._ El t cial or Department Head
APP' •R /. NM
Director of General Services
Cou : ttornev
P: WEI.DCN I V,C-10u 18 1O1 1.1 ER. Dais'RI-.V Compromise Agreement-Warranty Deed-tlN Al. I-30-15.doe
4100443 Pages: 5 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
lvvIMill, IN'IMJ.4,4:FMI+NI!M II III otai5-b7/f
LEGAL DESCRI?T_:"JS TO BE REVISED AT CLOS:NG TO INCLUDE EXISTING COUNTY ROW
EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT B, AMENDED RECORDED EXEMPTION NO. 0963-31-4 AMRE-4936, A
RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3799965 OF THE RECORDS OF WELD COUNTY,
COLORADO. LOCATED IN THE SW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED UNDER RECEPTION NO. 2619951 OF THE RECORDS OF WELD COUNTY, COLORADO AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31 FROM WHICH THE WEST 1/4 CORNER
OF SAID SECTION 31 BEARS NOO°38'11"W, 2631.15 FEET, THENCE N89°08'06"E, 40.00 FEET ALONG
THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1
OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°38'11"W, 500.29 FEET ALONG THE EAST
RIGHT-OF-WAY LINE EXTENDED SOUTHERLY AND ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD
COUNTY ROAD 49 TO THE SOUTH LINE OF SAID LOT B AND THE TRUE POINT OF BEGINNING'
THENCE NDO°38'11"W, 157.57 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY
ROAD 49 TO THE NORTH LINE OF SAID LOT B;
THENCE N89°11'53"E. 30.00 FEET ALONG THE NORTH LINE OF SAID LOT B;
THENCE SOO°38'11"E, 147.27 FEET TO THE SOUTH LINE OF SAID LOT B;
THENCE S70°15'36"W, 31.75 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 4,573 SQUARE FEET (0.105 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303—442—4338
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION RW-39 Drexel, Barrell & Co. • OF PUBLIC WORKS
1800 38th Street, Boulder. CO 60301 WCR 49 CORRIDOR PROJECT
MICHAEL BOULTER & 'emu°°"'/surveyors (303) 442-4338 BETWEEN WCR(s) 50&52
COLORADO avnn+G met reo-teen
DAISY BOULTER /\ (awn,ammo), I 1 257-M0 PR0JEC' No SRI'-26 SCALE. AGRIMM (V70)eeL-0040
1'v CR
W FI.D COI 'QTY,COLORADO DII T F DP.GAN BY I LT SHLC f I of 2
4100443 Pages: 6 of 12
04/21/2015 12'30 PM R Fee:$0.00
Carly Koppes Clerk and Recorder, Weld County. CO
liiI ��.rR'�fi�,�'14i����IJ'��r�r h'��N��JI�+t:Y��'h'�l�i����� •11
EXHIBIT-A
I EXISTING 40' ROW (ALL OF SEC. 31)
' 8K 1O461PG 1, RECP4819281
6-7-1939 THISTLE DOWN, INC.
N89°11'53"E 30.00'
I PROPERTY LINE
N89°11'53"E 2601 28'
I 30' RIGHT-OF-WAY ACQUIRED
I 4,573 SQ.FT.± OR 0.105 AC.±
55'
�n r� NERES CANAL
APPARENT PVREA EASEMENT
`i' REC. #3799965
z cv r: EASEMENT
J `' �' REC. #2788379
zw ...----
o /EXISTING
/ i / OPERTY LINE
w W
PO
s p --
z O / in
z 00 1`� 6E a
Wc° — _. -
\6� 61 --- / / ..---
MICHAEL BOULTER &
N- /
'
/ DAISY BOULTER
� LOT B. AMENDED
/ / / / RECORDED EXEMPTION
NO. 0963-31-4 AMRE-4936
S70°15'36"W 31.75' PARCEL #0963-31-3-00-008
T.P.°.B. RECEPTION #2619951
0)
N
O
O
SW 1/4
3 531-T5N-R64W
BANOWETZ-
Tx
n
°
O
z
P.O.C. NOTE: THIS EXHIBIT MAP DOES
SW CORNER NOT REPRESENT A MONUMENTED
S31-T5N-R64W LAND SURVEY OR LAND SURVEY
PLAT. R IS INTENDED TO
ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
N89°08'06"E 40.00'
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY OF PUBLIC WORKS
ACQUISITION RW-39 Drexel, Barrell & Co.
1800 38th Street Boulder. CO 80301 \VCR 49 CORRIDOR PROJECT
MICHAEL BOULTER & fl meets/Surveyors (303) 442-4338 BE I WEEN WCR(s) 50& 52
-e- C0141UDo Mmv;s (710)260-Me7
DAISY BOULTER 7\ cGliump'°"t-ID" t(°'7e))15671:135° PR0.'EC T NC' SRP-2e SC�LC 1" 5u'
WCR 49
WELD COL•NTV.COLORADO DA-F 12-1'K-I4 EPI.WN P.'s 1 LT S' EE r 2 of 2
4100443 Pages: 7 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes Clerk and Recorder, Weld County, CO
OM ii,llidEilli h'i.il1Ri1'i1t+:CIRIIit;INIIIIP;I` llo'id II III
EXHIBIT-B
PROPERTY DESCRIPTION
PVREA PERMANENT EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT B, AMENDED RECORDED EXEMPTION NO.
0963-31-4 AMRE-4936, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3799965 OF THE
RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE SW1/4 OF SECTION 31, T5N, R64W OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT
OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2619951 OF THE RECORDS OF
WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31 FROM WHICH THE WEST 1/4 CORNER
OF SAID SECTION 31 BEARS NOO°38'11"W, 2631.15 FEET, THENCE N89°08'06"E, 40.00 FEET ALONG
THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1
OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOO°38'11"W, 500.29 FEET ALONG THE EAST
RIGHT-OF-WAY LINE EXTENDED SOUTHERLY AND ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD
COUNTY ROAD 49 TO THE SOUTH LINE OF SAID LOT B; THENCE NOO°38'11"W, 157.57 FEET ALONG THE
EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF SAID LOT B;
THENCE N89°11'53"E, 30.00 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF
FIFINNING;
THENCE SOO°38'11"E, 147.27 FEET TO THE SOUTH LINE OF SAID LOT B;
THENCE N70°15'36"E, 21.17 FEET ALONG THE SOUTH LINE OF SAID LOT B;
THENCE NOO°38'11"W, 140.40 FEET TO THE NORTH LINE OF SAID LOT B;
THENCE 589°11'53"W, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF
BEGINNING,
SAID PARCEL CONTAINS 2,877 SQUARE FEET (0.066 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT PE_3� Drexel, Barrell & Co. OF PUBLIC WORKS
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
MICHAEL B0ULTER & Engineers/Surveyors (303) 442-4338 BL I WEEN WCR(s)50& 52
DAISY ROUTER
!W (no�-aee, PRfl.)
n nmc7+ar 19'70)257-13" E T NO SRP-?6
/'� awar SOLE: N A
c (970)951-0646
WCR 41
WELD CO1 NTY.C)LORAD(1 DATE I2-1IR-14 DRAWN B' TL r I-'EET I
4100443 Pages: 8 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes.. Clerk and Recorder, Weld County, CO
VIII !��Ry��i���'t �M�l�i>`4�6IiM/I II III
EXHIBIT-B
1 EXISTING 40' ROW (ALL OF SEC 31;
I BK 1046/PG 1, RECP#819291
6-7-1939 THISTLE DOWN, INC.
N89°11'53'E 30.00
T.P.O.B.
' /LS89°11'53"W 20 00'
PROPERTY LINE
N89°11'53"E 2601.28'
20' PVREA PERMANENT
' EASEMENT ACQUIRED
1111((!
2,877 SQ.FT.± OR 0.066 AC.± EXISTING 55'
n NERES CANAL
't APPARENT PVREA EASEMENT
z N in EASEMENT REC. #3799965
REC. #2788379 '
O w 00 ' / � � 0
w op CO aD o
PROPERTY LINE
in a Z i
O in O
z 0 VI I
z -5
in
/� �'" N
' N7O°'5 -
-
16T 6� MICHAEL BOULTER &
DAISY BOULTER
rN I _- ----- LOT B, AMENDED
N70°15'36"E 21.17' RECORDED EXEMPTION
kj I ....."- .."...- ......." NO. 0963-31-4 AMRE-4936
PARCEL #0963-31-3-00-008
RECEPTION #2619951
(N
O
0
an
SW 1/4
3 S31-T5N-R64W
BANOWETZ
0O
z
P.O.C.
SW CORNER NOTE: THIS EXHIBIT MAP DOES
S31-T5N-R64W NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY
PLAT. R IS INTENDED TO
ILLUSTRATE THE ATTACHED
N89°08'06"E 40.00' PROPERTY DESCRIPTION ONLY.
PVREA PERMANENT WELD COUNTY DEPARTMENT
EASEMENT PE-39 Drexel, Barrell Sc Co. OF PUBLIC WORKS
ACQUISITION 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
MICHAEL BOULTER & lneem/s,,,��re (303) 442-4338 BEIWEEN WCR(s)50& 52
$ COWwm moms (11.9)zeo-0.901 -
DAISY BOULTER ,,,,\ 'UR0" ro ;561_1W PROJE:.T NO SRP-_6 SCa,.E 1"= 511'
N'CR.l9
\1'Ei*I)(OA'\1l'.COI.OR A1)0 ;A'F I2-11K-11 DRAWN B" Ill SHEET 2 of 2
4100443 Pages: 9 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes Clerk and Recorder, Weld County. CO
■III W!r1Fillit ti tillAg f illiieL'WYWIELl iiii 11111
EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT:
A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT B, AMENDED RECORDED EXEMPTION NO.
0963-31-4 AMRE-4936, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 3799965 OF THE
RECORDS OF WELD COUNTY. COLORADO, LOCATED IN THE SW1/4 OF SECTION 31, T5N, R64W OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT
OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2619951 OF THE RECORDS OF
WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31 FROM WHICH THE WEST 1/4 CORNER
OF SAID SECTION 31 BEARS NOD°38'11"W, 2631.15 FEET, THENCE N89°08'06"E, 40.00 FEET ALONG
THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1
OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NOOe38'11"W, 500.29 FEET ALONG THE EAST
RIGHT—OF—WAY LINE EXTENDED SOUTHERLY AND ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD
COUNTY ROAD 49 TO THE SOUTH LINE OF SAID LOT B; THENCE NOD°38'11"W, 157.57 FEET ALONG THE
EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE NORTH LINE OF SAID LOT B;
THENCE N89°11'53"E, 30.00 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF
BEGINNING;
THENCE S00°38'11"E, 147.27 FEET TO THE SOUTH LINE OF SAID LOT B:
THENCE N70°15'36"E, 21.17 FEET ALONG THE SOUTH LINE OF SAID LOT B;
THENCE NOO°38'11"W, 140.40 FEET TO THE NORTH LINE OF SAID LOT B;
THENCE S89°11'53"W, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT B TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 2,877 SQUARE FEET (0.066 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
TE-39 1800 38th Street. Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
MICHAEL BOULTER & Engineers/Surceyore (303) 442-4338 BETWEEN WCR{s)50& 52
cowoeno SPaolc9 (710)zeo-oeev
DAISY BOULTER °""1D"1M"1°" e°° PROJECT NC. SRP-2h SCA, E. N,A
c1�tr taro):6572:1361
a1-
WCR 49
WELDC'Ol!NTY.COLORADO DATE. I2-OR-I4 DRAWN B . 'TI.T SHEET: I (,I
•
4100443 Pages: 10 of 12
04/21/2015 12:30 PM R Fee:$0.00
Carly Koppes: Clerk and Recorder. Weld County. CO
liii PAT PR IMPI, ;Lily), II Ili
EXHIBIT-C
I EXISTING 40' ROW (ALL OF SEC. 31)
' BK 1046/PG 1, RECP#819281
6-7-1939 THISTLE DOWN. INC.
rN89°11'53"E 30.00'
1-T.P.O.B.
5-
' 5899°11'53"w 20.00'
PROPERTY LINE
S) N89°11'53"E 2601.28'
' 4 20' TEMPORARY
' EASEMEQ
a 2,877 SQ.FT.±NT AC OR 0.0UIREDb6 AC.± EXISTING 55'
in o NERES CANAL
M i sr APPARENT PVREA EASEMENT
wz (0 r; EASEMENT /REC. #3799965
N L — 3 REC. #2788379 — --- — —
0 3
P - 3 w -co . ice / in
m "- o — r PROPERTY LINE
.) b z i
z o - i in
z � �/ NI0°1513� � — N !
16-1 61 i
MICHAEL BOULTER &
Nr DAISY BOULTER
- LOT B, AMENDED
N '
N7o°1s 36°E 21.17' RECORDED EXEMPTION
NO. 0963-31-4 AMRE-4936
PARCEL #0963-31-3-00-008
RECEPTION #2619951
N
0
0
U')
SW 1/4
3 531-T5N-R64W
BANOWETZ
°
0
z
P.O.C.
SW CORNER NOTE: THIS EXHIBfT MAP DOES
S31-T5N-R64W NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED
N89°08'06"E 40.00' PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell Sc Co. OF PUBLIC WORKS
TE-39 1800 38th Street, Boulder. CO 80301 WCR 49 CORRIDOR PROJECT
MICHAEL BOULTER & Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)50& 52
-e— cotowoo!PROMS (nw)zeo-oee,
DAISY BOULTER °�°I MOM (o) 'r-t° PROJECT NO SRP-2!, SCALE 1 550'otrmsr (Vol:ear-os.e
'.\CR49l
\k tiLl)COL. \TV.COI ORADO DATE. 1_2-0S-I4 DRAWN By TI.T SHEET 2 of 2
4100443 Pages: 11 of 12
04/21/2015 12:30 P11 R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III kilivinVilitl4f1ifilf MO061 r6I4l14.II ,iv), II III
EXHIBIT D
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
I ® Thistle Down, Inc. a Colorado Corporation
[PRINT FULL NAME(S)(SINGLE,JOINT,PARTNERSHIP,CORPORATION,INCORPORATED ASSOCIATION,OWNER)I
is (are) the Owner(s)of record and for a good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant
unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado corporation, whose post office address is Fort Collins,
Colorado, and to its successors and assigns, a perpetual right-of-way and easement upon these particularly described lands of the
undersigned:
A UTILITY EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER AND APPURTENANCES AS
CONSTRUCTED ON WORK ORDER#
0 Reception No._ County Weld, Township 5 N, Range 64 W, Section 31 Book J Page
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining,
and extending from time to time an overhead and/or underground electric line or system, including, but not limited to,poles,towers, fixtures,
conductors,guy wires,cables,conduits,vaults,transformers,pads,and enclosures,on,over or under the above-described lands;
A. And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time, trees, bushes and
shrubbery located within 18 feet of the centerline of said line or system and to cut down all dead, weak, leaning or dangerous
trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise endanger the lines or other
facilities of the Association.
B. The undersigned agrees to keep the area within 18 feet of the centerline of said underground or overhead electric line or system
clear of buildings, structures, piles of earth,rubbish,debris or other substances or materials,and to permit or otherwise agree to the
easement and joint use occupancy of other lines or systems.
C. And grants to the Association the right of access for ingress and egress over the lands above-described and the right to use the roads
or trails, whether public,private or dedicated, to install, maintain and use gates and fences presently installed or as may be installed
from time to time.
D. And further agrees that all facilities installed by or for the Association shall remain the property of the Association,removable at the
option of the Association.
E. And further grants to the Association the right to use the easement for communication purposes including wireless transmitters and
receivers and phone line carrier equipment.
F. And shall not grant any other easement right-of-way,permit or license upon, under or over said property without the written consent
of the Association.The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or
waiver by the Association of any of its hereby expressed rights.
O. The undersigned warrants that Owner is the owner in fee of the above described lands and will defend the title thereto against all
claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following:
MORTGAGE COMPANY NAME:
® IN WITNESS WHEREOF the undersigned has set his hand and seal this day of .20
(Owner) ®
(Signature)
(Owner) ®
(Signature)
(Owner) 0
STATE OF COLORADO ) (Signature)
) ss:
COUNTY OF ) SEAL
0 The foregoing instrument was acknowledged before me this day of 20
by,
[PRINT OWNER(S)OF RECORD NAME(S))
Notary Public: My Commission Expires:
(Sig loutiKL vans RLA
4100443 Pages: 12 of 12 rO BOX 272550
04/21/2015 12:30 P11 R Fee:$0.00 rnRT COLLINS CO !SrX
Documrntl Carly Koppes. Clerk and Recorder, Weld County. CO
■III 14!�1�'"Lh rL�l 'i�4��t+�dl���t''iV I iX fl} !"I , � F 1111
N. Ar MEMORANDUM
i ��♦�j �IJ;I �� TO: Clerk to the Board DATE: May 8, 2015
Co NT
FROM: Tiffane Johnson. Public Works Department
SUBJECT: Consent Agenda Item
RE: WCR 49
Acceptance of Warranty Deed for Public Road Right-of-Way for Certain Improvements to WCR 49
with Michael Boulter and Daisy Boulter. (RW-39, Doc# 2015-0713)
RECEIVED
MAY 1 1 2015
COMMISSIONERS
ao‘C (711S
EC-tO012._
M'VL eon AWCR 49 attrfdurACR 50-52ffioultec daisy michaclAAgenda Memo doc
WARRANTY DEED
THIS DEED made this /lit day of Alkcj , 20 47, between Michael
Boulter and Daisy Boulter of the County of Weld, State of Colorado, Grantor, and
County of Weld, a body corporate and politic of the State of Colorado whose legal
address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of
Colorado, Grantees:
WITNESS, that the grantor, for the sum of One Dollar, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, their heirs and assigns forever, all the real property
together with improvements, if any, situate, lying and being in the County of Weld and
State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A"
Also known as: vacant land
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and reversions,
reminder and remainders, rents, issues and profits thereof, and all estate, right, title,
interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,
with the appurtenances, unto the grantees, their heirs and assigns forever. And the
grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes
for the current year, easements, restrictions, covenants, conditions reservations and
rights-of-way of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
4109063 Pages: 1 of 5
05/21/2015 10:55 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
mill Pi'rjl T,hl �llf4'I+u};ii't�hr l�,���t LUM I•'y,1Y1a, uI III
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
MICHAEL BOULTER, Owner DAISY BOULTER, Owner
State of Celina° )
)ss.
County of' Wei d )
The foregoing instrument was acknowledged before me this / day of May ,
20 15, by Michael Boulter and Daisy Boulter, Owners.
TIFFAN V.JJOO�HNLICSON Witness my hand and official seal.
NOSTATE OF COLORADO
NOTARY ID 20154009170
MY COMMISSION EXPIRES MARCH 4,2019
l
Notary Public
My commission expires: 31 12019
4109063 Pages: 2 of 5
05/21/2015 10:55 AM R Fee:$0.00 D Fee:$0.00
Car ly Koopes Clerk and Recorder. Weld County. CO
VIII rr114'i*h'eI 'Al K.'=FR Mk;Oh 14 II III
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
fp
Dated this /0 I day of ) , 2015.
ATTEST: W. COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS OF STATE OF COLORADO
THE COUNTY OF WELD
s La
BY: �{ , .� r� �.!„ /fi` a�.11/42 Y ti.GutSk. /._
Deputy Cle tote Boar Barbara Kirktheyer, Chair
BOARD OF COUNTY
COMMISSIONER
MAY 1 8 2015
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD1117
in
The foregoing instrument was acknowledged before me this /1 day of
, 2015 by Barbara Kirkmeyer, BOARD OF COUNTY
COMMI TONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
KARLA FORD
NOTARY PUBLIC
STATE OF COLORADO Not y Public
t NOTARY ID 19984029774
r^,I-u.9SInrl EXPIRES DECEMBER 2,2018
My��commission�expires: 2 n
O
Ot- et mi/ h l A, A
4109063 Pages: 3 of 5 (�
05/21/2015 10:55 AM R Fee:$0.00 D Fee:$0.00 o2D�o - & //!f
Carly Koppes. Clerk and Recorder. Weld County. CO
VIII Prji'inri!IO NA'hlhA4'M "Ill
EXHIBIT-A SW 1/4 S31-T5N-R64W
PROPERTY DESCRIPTION
RIGHT OF WAY
ALL THAT PORTION OF LOT B, AMENDED RECORDED EXEMPTION NO. 0963-31-4 AMRE-4936,A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 3799965 OF THE RECORDS OF WELD COUNTY,COLORADO,
LOCATED IN THE SW1/4 OF SECTION 31, T5N, R64W OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED UNDER RECEPTION NO. 2619951 OF THE RECORDS OF WELD COUNTY, COLORADO AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31 FROM WHICH THE WEST 1/4 CORNER OF
SAID SECTION 31 BEARS N00°38'11"W, 2631.15 FEET, THENCE N89°08'06"E,40.00 FEET ALONG THE SOUTH LINE
OF THE SW1/4 OF SAID SECTION 31 TO THE EAST RIGHT-OF-WAY LINE EXTENDED SOUTHERLY OF WELD
COUNTY ROAD 49 AS DESCRIBED IN DEED RECORDED IN BOOK 1046 AT PAGE 1 OF THE RECORDS OF WELD
COUNTY, COLORADO; THENCE N00°38'11"W, 500.29 FEET ALONG THE EAST RIGHT-OF-WAY LINE EXTENDED
SOUTHERLY AND ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49 TO THE SOUTH
LINE OF SAID LOT B AND THE TRUE POINT OF BEGINNING:
THENCE N00°38'11"W, 157.57 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 49
TO THE NORTH LINE OF SAID LOT B;
THENCE N89°11'53"E, 30.00 FEET ALONG THE NORTH LINE OF SAID LOT B;
THENCE S00°38'11 "E, 147.27 FEET TO THE SOUTH LINE OF SAID LOT B;
THENCE S70°15'36"W,31.75 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 4,573 SQUARE FEET (0.105 ACRES), MORE OR LESS.
TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO.49, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 40.00 FEET OF THE NORTHERLY 171.31 FEET OF THE SOUTHERLY 657.90 FEET OF SAID SOUTHWEST
ONE-QUARTER;
SAID PARCEL CONTAINS 0.16 ac.MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY:
LEON W. SIEVERS, PLS 23520
RIGHT OF WAY AGENT AND SURVEYOR
IN AND FOR WELD COUNTY,COLORADO.
4109063 Pages: 4 of 5
05/21/2015 10:55 AM R Fee:$0.00 D Fee:$0.00
Carly�1 Koppues.��Clerk and Recorder. Weld County, CO
■ kirdlll'lYrlYi utcIRIf0:l'i'riI'.�WKi�y�1� f1�: F��'�Yih ■1111
•
RIGHT OF WAY WELD COUNTY DEPARTMENT
•
1861 OF PUBLIC WORKS
ACQUISITION RW-39
( `11 WCR 49 CORRIDOR PROJECT
Jd I BETWEEN WCR 50& 52
MICHAEL & DAISY [�n
)1'BOULTER J PROJECT NO: SRP-26 SCALE:
UNTY ,.-
WELD COUNTY,COLORADO - 11 DATE: 3-16-15 DRAWN BY:DRH SHEET: 1 of 2
EXHIBIT-A
1 EXISTING 40'ROW(ALL OF SEC.31)
BK 1046/PG 1,RECP#819281
6a-1939 THISTLE DOWN,INC.
[N89h153E 30.00'
PROPERTY LINE
^a N89°11'53"E 2601.28'
1 Y'
30'RIGHT-OF-WAY ACQUIRED
lird. 4,573 SQ.FT.± OR 0.105 AC.±
EXISTING 55'
',.;,-
• NERES CANAL
• APPARENT PVREA EASEMENT
'I{ 'a EASEMENT REC. #3799965
a REC. #2788379
w i
z 3 3 ^,u.� ,__ i 1/—
�` e°0 i / ROPERTY LINE
M OO O ,f , V1 //z 3# io
0,536E - _
F r' .,6,�� MICHAEL BOULTER&
4:-.',`4.-- --- DAISY BOULTER
' �' LOT B, AMENDED
r.NRECORDED EXEMPTION
N' ' NO.0963-31-4 AMRE-4936
570°15'36"w 31.75' PARCEL #0963-31-3-00-008
T.P.O.B. RECEPTION#2619951
N
d
0
SW 1/4
531-T5N-664W
BANOWETZ
00
M
O
Z
P.O.C. NOTE: THIS EXHIBIT MAP DOES
SW CORNER NOT REPRESENT A MONUMENTED
S31-T5N-R64W LAND SURVEY OR LAND SURVEY
PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
N89°08'06"E 40.00'
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ACQUISITION RW-39
WCR 49 CORRIDOR PROJECT
MICHAEL BOULTER& BETWEEN WCR(s)50&52
DAISY BOULTER PROJECT NO. SRP-26 SCALE: 1"=50'
WCR 49
WELD COUNIY.COLORADO DATE: DRAWN BY: SHEET:2 of 2
4109063 Pages: 5 of 5
05/21/2015 10:55 811 R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder Weld County, CO
Mill IIcrini ii.M.Irld 41',AWN 7,,IKLkIi:iliyi Ill III
Hello