GENERAL41988 - Laserfiche WebLink

Home Browse Search

San Miguel County was in line for collecting back taxes on the RGSRR property as it crossed San Miguel County. In the court case states that San Miguel County said it would take RGSRR abandoned real property in payment for the back taxes. The Receiver of the R.G.S.R.R. Co., ordered an appraisal of all the real property that the RGSRR knew it held in fee simple title. The Receiver of the R.G.S.R.R. Co, then prepazed the necessary court documents and the deed to convey to San Miguel County all the right, title and interest that RGSRR had in fee simple real property it held in San Miguel County. All that portion of the abandoned Rio Grande Southern Railroad Right of Way conveyed to San Miguel County by Deed recorded March 27, 1953, in Book 220 at Page 33 is the deed that conveys the fee simple land owned by the RGSRR to San Miguel County. This is the deed cited in subject Quit Claim Deed from SMC to PDI. The Receiver's Deed to San Miguel County clearly lists the fee simple land that the RGSRR knew it owned. This list is very easy to locate even without double checking with the official RGSRR railroad right of wavy map from 1919 signed by Arthur Ridgeway of the RGSRR. This said deed lists the real property easements and rights of way conveyed by township, range and section or mining claim. It also has a column that lists the location of the right of way and easement acquisition that corresponds with the official map. This Receiver's Deed does not describe the abandoned right of way that is conveyed in the subject Quit Claim Deed from San Miguel County to PDL The corresponding 1919 Official Right of Way Map does not show any easements or rights of way acquired by a private land owner for the lands described in the subject Quit Claim Deed from SMC to PDI. In this area the map states that it is land owned by the US Government. Therefore, the rights of way and easements for the lands described in the subject Quit Claim Deed from SMC to RGSRR for the RGSRR railroad right of way were acquired by a permit from the US Government. The RGSRR never owned this land in fee simple, so they never conveyed it to the county in the 1953 Receiver's Deed. The mining claims listed in the subject Quit Claim Deed took their title subject to RGSRR's prior right established by the: permit issued by the US Government subsequent to the granting of the patents to the mining claims listed above. The mining claims and real property described in the subject Quit Claim deed aze located in Section 32 of Township 42 ]North, Range 9 West in San Miguel County. The closest real property conveyed in the 1953 Receiver's Deed to San Miguel County to Section 32 of Township 42 North, Range 9 West is a strip of land 100 feet in width located in Section 18 of Township 42 North, Range !3 West. The Receiver's Deed to San Miguel County never conveyed any interest in Section 32, Township 42 North, Range 9 West even though it is described in the subject Quit Claim Deed from SMC to PDI, also it never conveys real property lying in Section 5, Township 41 North, Range 9 West, N.M.P.M. In the said 1953 Receiver's Deed to San Miguel County the only lands conveyed in Township 41 North, Range 9 West aze in section 8. There is nothing in Section 5.