1994-04-06_GENERAL DOCUMENTS - C1981017

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Oy APR 0 6 RECD HOLDEN & cJESSOP, P.C. ATTORNEYS AT LAW 303 EAST 17TH AVENUE, SUITE 930 DENVER COLOR^00 80203-1264 (303) 860-7700 FACSIMILE (303) 660-7233 April 6, 1994 VIA HAND DELIVERY Cheryl A. Linden Assistant Attorney General 1525 Sherman Street 5th Floor Denver, Colorado 80203 Re: Mid-Continent Resources, Inc. ( "Resources" ) ; sale of Rockdust Plant Dear Cheryl: We spoke yesterday about the payment of accrued taxes on the Rockdust Plant. As mentioned in my April 4 letter to DeAnn Owen, taxes on the Rockdust Plant accrue under Tax Schedule No. 111391, which includes the Train Loadout Facility and Resources' office as well as the Rockdust Plant. Out of $236,604.79 accrued under Schedule 111391, the county assessor allocates $63,679.04 to the Rockdust Plant. The County Treasurer told me that the County would require the entire Tax Schedule to be cleared, and would not accept a partial redemption. As I mentioned to you yesterday, this is contrary to C.R.S. S 39-12-113, which provides that any person who has a lien upon "any part of any undivided or divided estate. . . for which a tax lien was sold. . . may redeem such undivided or divided estate . . . by paying to the treasurer his proportionate part of the amount required to redeem the whole. " If the treasurer cannot ascertain the amount required for partial redemption, the assessor determines the valuation for assessment on the portion sought to be redeemed as of the original assessment date. This statute may be unavailable to Resources but it is certainly available to the State, as the lienholder on the Rockdust Plant. The method for apportionment of taxes under the statute is precisely what the Garfield County Assessor, Steve Rippy, did in the report which I have sent to you. It is in the State's interest to request such partial redemption, and Resources requests that the State do so.