Laserfiche WebLink
MCDANIEL, BATY, MILLER, AGRO, & BOBBINS, L.L.C. <br />Michael W. Bary <br />G.R. (Bob) Miller <br />Nancy Agro <br />Denise Segue Robbins^ <br />Christopher Z. Cantrell <br />L.W. McDaniel (1917-2005) <br />Attorneys a[ Law <br />1040 Main Avenue (970) 247-1113 phone <br />Durango, Colorado 81301 (970) 259-2690 fax <br />email: agro@mcdaniel-law.com <br />ALro k2enred in IVem Meazca* and Geaegia^ R6 V ~~ Y ~D <br />April 6, 2006 / <br />~~~~ <br />Larry Perino <br />Sunnyside Gold Corp y~, t)isisisnofMin~ralsandOeslogy <br />P.O. Box 177 ~ V <br />Silverton, CO 81433 <br />VRE: Reclamation activities on the Anglo Saxon and Harrison Mills Site <br />Dear Mr. Perino:._ __ -___ _ - _ - -- - - <br />I represent San Juan Corp, the owner of the property set forth on the attached documents. San <br />Juan Corp obtained title to this property through Public Trustee Foreclosure OS-OS as a redeeming junior <br />Iienor. <br />It has come to my attention that, prior to the completion of the afore-referenced foreclosure <br />action, Gold King Mines Corporation, the prior owner of the property, may have given Sunnyside a <br />license to perform reclamation activity on the property pursuant to Colorado Division of Minerals and <br />Geology Permit Number M-1977y378. No record of this permission was ever placed in the public record. <br />Any unrecorded right to enter the land to conduct reclamation activities was terminated upon the <br />expiration of the redemption period and the termination of Gold King Mines Corporation's ownership <br />interest pursuant to Colorado Revised Statutes § 38-38-501; see also, First Interstate Bank v. Tanktech, <br />inc., 864 P.2d 116 (Colo. 1993). Continued unauthorized use of the property is an unlawful detainer in <br />violation of Colorado Revised Statutes §13-40-104(1)(f}. <br />Notwithstanding these facts, San Juan Corp understands the need for reclamation of the property, <br />and is interested in having Sunnyside complete said reclamation in accordance with the permit subject to <br />the following modification. San Juan Corp does not want the office building, dry room and water <br />treatment building removed, but instead intends to utilize those structures for post-mining activities. <br />Please accept this letter as a demand to cease reclamation activities on the property until a right of <br />entry agreement is negotiated with San Juan Corp, the new owner of the property. San Juan Corp <br />welcomes the opportunity to negotiate terms of entry with Sunnyside at your earliest convenience. <br />Sincerely, <br />McDANIEL, /MILLER, AGRO, & BOBBINS, L.L.C. <br />N ncy Agro, .C. / <br />c :Col o Division of Minerals and Geology <br />