1994-10-25_GENERAL DOCUMENTS - C1981017

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OF•C0 7�01* * Ig TB GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING Attorney General 1525 Sherman Street - 5th Floor DEPARTMENT OF LAW Denver, Colorado 80203 STEPHEN K. ERKENBRACK Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 TIMOTHY M. TYMKOVICH Solicitor General October 25, 1994 James B. Holden 303 East 17th Avenue Suite 930 Denver, CO 80203-1264 RE: Mid-Continent Resources, Inc. Dear Jim: In recent weeks, I have called you regarding questions I have about the matter of Mid-Continent Resources, Inc. ; you have not returned my calls. I am therefore writing this letter requesting information about the following issues. Resources' final closing statement for the sale of the real estate portion of the rockdust plant provides that $3 , 045. 70 were taken out of the Division's proceeds for county taxes for the period of January 1, 1994 to August 24 , 1994 . However, the court-approved contract states that: . . . Seller shall execute and deliver a good and sufficient special warranty deed to Purchaser, on closing, conveying the property free and clear of all taxes except general taxes for 1994 payable in 1995 . . . (emphasis added) . There appears to be a conflict between payments made according to the closing statement and payments required to be made by the contract. The statement indicates that 1994 taxes were paid up to August 1994 . However, the contract provides that 1994 taxes were not to be paid out of the proceeds. I would like a clarification on this issue. If 1994 taxes were not to be paid as indicated in the contract, then the Division should be given this money. In addition to the county tax issue, the closing statement shows that the amount of $1, 148 . 05 was paid out of the Division's