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<br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />AFFIDAVIT OF DANIEL C. KOGOVSEK, ESQ. <br />IN THE MATTER OF THE COLORADO CITY METROPOLITAN DISTRICT, <br />THE MOUNTAIN SHADOWS GRAVEL PIT, PERMIT NO. M-1979-158 <br />Daniel C. Kogovsek, Esq., being duly first sworn and while under oath, deposes <br />and states as follows: <br />1. I am an attorney duly licensed to practice law in the State of Colorado and <br />have been continuously so licensed since October 21, 1976. <br />2. I have continuously served as general counsel to the Colorado City <br />Metropolitan District since July 1, 1993. <br />3. On December 20, 1979, the Mined Land Reclamation Board granted <br />Permit No. M-1979-158 to the Colorado City Development Company ("CCDC"). <br />4. On February 7, 1984, CCDC filed a petition for relief under Chapter 7 of <br />the United States Bankruptcy Code in the United States Bankruptcy Code for the <br />Northern District of Texas, Dallas Division. <br />5. On April 12, 1985, the Chapter 7 Trustee, Molly Bartholow and the <br />Colorado City Metropolitan District entered into an agreement for the purchase by the <br />Metropolitan District of ~'ie-~l1'fi~P~ '4bf CCDC. A copy of <br />said Agreement, denominated as "Joint Motion to Authorize Sale" is attached hereto as <br />Exhibit A. The Metropolitan District purchased the remaining assets of CCDC for a <br />gross sales price of $325,000.00. While the bulk of CCDC's remaining assets, <br />consisted of approximately 4,621 residential lots and certain commercial and industrial <br />property, it is clear that the Metropolitan District purchased all of the remaining assets <br />including Permit No. M-1979-158. Page 5 of the Agreement (Exhibit A) states as <br />follows: <br />sir anewa® f <br />'iTiCluding atl <br />water Fights, minefal riglYts;'eduttat~"and legal titles." <br />(Emphasis added). <br />