Chapter 4.140
SALE OF COUNTY LANDS
Sections:
4.140.010 Generally.
The county treasurer shall include in the treasurer’s deeds and contracts for sale of county lands the following wording:
The grantor hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, its successors and assigns forever, all oils, gases, coal, ores, minerals and fossils of every name, kind or description, and which may be in or upon said lands above described, or any part thereof, and the right to explore the same for such oil, gases, coal, ores, minerals and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself, its successors and assigns forever the right to enter by itself, its agents, attorneys and servants upon said lands or any part or parts thereof, at any and all times, for the purpose of opening, developing and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, its successors and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain and use all such buildings, machinery, roads and railroads, sink such shafts, remove such soil, and to remain on said lands or any part thereof for the business of mining and to occupy as much of said land as may be necessary or convenient for the successful prosecution of such mining business hereby expressly reserving to itself, its successors and assigns, as aforesaid, generally all rights and powers in, to and over said lands, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and rights hereby expressly reserved. Provided, that no rights shall be exercised under this reservation by the grantor, its successors or assigns, until provision has been made by the grantor, its successors or assigns to pay to the owner of the land upon which the rights herein reserved to the grantor, its successors or assigns are sought to be exercised, full payment of all damages sustained to said owner, by reason of entering upon said land.
The above wording shall be inserted on those contracts and deeds issued on sales subsequent to March 23, 1948.
(Res. Vol. 6, p. 597, 1948)