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(~~~,~Z) Title Opinion for Quit Claim Deed from San Miguel County to Pathfinder Development dated September 9,1993. On September 9, 1993, San Miguel County, State of Colorado, a body corporate and politic (SMC) executed and recorded a Quit Claim Deed to Pathfinder Development, Inc., a Colorado corporation (PDI). The said Quit Claim Deed was filed for record in the office of the San Miguel County Clerk & Recorder in Book 517 at Page 137. Note that the said Quit Claim Deed had been double recorded in Book 517 at Page 139. In the second pazagraph of the said Quit Claim Deed it states, "....That the grantor (SMC), for and in consideration of clem•ing title, and other good and valuable consideration...quitelaim unto Grantee (PDI) ...forever, all the right, title and interest... to the real property... described as follows: All that portion of the abandoned Rio Grande Southem Railroad Right of Way conveyed to San Miguel County by Deed recorded Mazch 27, 1953, in Book 220 at Page 33, only as it crosses and affecting the following real property: Robert Peary, Mineral Survey No. 20027 Medore, Mineral Survey No. 20027 Robert N. Steele, Mineral Survey No. 20027 Ida No. 2, Mineral Survey No. 12342 Buckeye, Mineral Srnvey No. 6019 Balm of Gilead, Mineral Survey No. 12416 ~~~iVQ~. FFB 2 3 ZOOS Un atented Minin ('laim, Mineral Surve No. 20374 P g ~ Y D~°~Duot~neteltl pace Atl in Iron Springs Mining District, ~tsBGeotogY And Tracts 1 and 2 described in Book 472 in Page 199 Lying in Section 5, Township 41 North, Range 9 West, N.M.P.M. Section 32 Township 32, Township 42 North, Range 9 West N.M.P.M. In San Miguel County, Colorado." The line in the second paragraph that states: "That the grantor (SMC), for and in consideration of clearing title, and other good and valuable consideration... quit claim unto Grantee (PDI) ", is unusual because it is not common for the grantor to state that it is "clearing title". This title opinion will follow the chain of title for this certain portion of the abandoned Rio Grande Southern Railroad Right of Way to determine whether SMC cleared the title or clouded the title to the real property described in the said Quit Claim Deed, The right of way of the Rio Grande Southem Railroad (RGSRR) was acquired from both private land owners in the form of actual deeds, both Quit Claim Deeds and Warranty Deeds; and on Public land i.e., US Government land in the form of a permit. Some of the deeds that transferred the right of way to the RGSRR had language in the deed that stated that the granting of the right of way was only for railroad purposes. Some of the deeds specifically stated that it is an easement that is being conveyed in the deed for the easement not fee simple title. Many of the deeds that the RGSRR acquired the right of way conveyed a fee simple title to the railroad.