Fillable CLAIM OF EXEMPTION To claim an exemption from (Lincoln County)

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CLAIM OF EXEMPTION To claim an exemption from (Lincoln County)

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U.S.A. forms for Lincoln County

BROWSE LINCOLN COUNTY (NM) FORMS

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CLAIM OF EXEMPTION
To claim an exemption from the requirements of the Lincoln County, New Mexico,
Subdivision Ordinance, you must complete this form, sign it before a notary public and
submit it together with legible copies of all required documents to the Board of County
Commissioners of Lincoln County. Be sure to check all exemptions which apply and attach
legible copies of all supporting documents.
The Board of County Commissioners of Lincoln County will notify you in writing
within thirty (30) days as to whether your claim of exemption has been granted. If the
claim of exemption is granted, or if you do not hear from the Board of County
Commissioners of Lincoln County within thirty (30) days, you may proceed with the land
division you propose without needing to comply with the requirements of the Lincoln
County, New Mexico, Subdivision Regulations. If your claim of exemption is denied, you
may either seek approval of a subdivision or appeal the denial as provided in the Lincoln
County, New Mexico, Subdivision Regulations.
☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆
I, ______________________________ claim an exemption from the requirements of the
New Mexico Subdivision Act and the Lincoln County, New Mexico, Subdivision Regulations
for the following reason(s). I certify that this transaction involves:
1. ______ The sale, lease or other conveyance of any parcel that is thirty-five (35)
acres or larger in size within any twelve (12) month period, provided that the
land has been used primarily and continuously for agricultural purposes, in
accordance with §7-36-20 NMSA 1978, for the preceding three (3) years.
Attach Certified Survey showing size and location of parcel.
2. _____ The sale or lease of apartments, offices, stores or similar space within A
building. Attach copies of all proposed sale or lease documents.
3. _____ The division of land within the boundaries of a municipality. Attach
Certified survey showing location of proposed division.
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4. _____ The division of land in which only gas, oil, mineral or water rights are
severed from the surface ownership on the land. Attach copies of all
proposed conveyancing documents.
5. _____ The division of land created by court order where the order creates no
More than one parcel per part. Attach certified copy of court order.
Also attach certified survey showing size and location of parcel.
6. _____ The division of land for grazing or farming activities provided that the land
continues to be used for grazing or farming activities. Attach copy of
proposed conveyancing documents and documents restricting future use to
grazing or farming activities. Such documents must contain a covenant
running with the land and revocable only by mutual consent of the Board of
County Commissioners and the property owner that the divided land will be
used exclusively for grazing or farming activities. The covenant must be
signed by the property owner, the buyers or lessee, and the Board of County
Commissioners and must be filed and recorded with the County Clerk. Also
attach a certified survey showing size and location of parcel.
7. _____ The division of land resulting only in the alteration of parcel boundaries
where parcels are altered for the purpose of increasing or reducing the size
of contiguous parcels and where the number of parcels is not increased.
Attach certified surveys showing all parcels and parcel boundaries before
and after proposed alteration.
8. _____ The division of land to create burial plots in a cemetery. Attach certified
survey showing size and location of parcels, and a statement that ensures
the property does not lie within a flood zone, based upon the prevailing
Federal Emergency Management Agency flood maps.
9. _____ The division of land to create a parcel that is sold or donated as a gift to an
immediate family member; however, this exception shall be limited to allow
the seller or donor to sell or give no more than one parcel per tract of land
per immediate family member. As used herein the term “immediate family
member” means a husband, wife, father, stepfather, mother, stepmother,
brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter,
grandson, stepgrandson, granddaughter, stepgranddaughter, nephew and
niece, whether related by birth or adoption. Attach certified survey showing
size and location of original tract and parcel(s) proposed to be divided. Also
attach copy of proposed conveyancing document and birth certificate,
adoption certificate or other document demonstrating family relationship
claimed. Baptismal certificates are
not
acceptable documentation.
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10. _____ The division of land created to provide security for mortgages, liens or deeds
of trust; provided that the division is not the result of a seller-financed
transaction. Attach copies of all financing documents. Attach certified survey
showing size and location of the parcel that is being divided.
11. _____ The sale, lease or other conveyance of land that creates no parcel smaller
than one hundred forty (140) acres; Attach certified survey showing location
and size of parcel(s).
12. _____ The division of land to create a parcel that is donated to any trust or
nonprofit corporation granted an exemption from federal income tax, as
described in § 501(c)(3) of the United States Internal Revenue Code of 1986,
as amended; school, college or other institution with a defined curriculum
and a student body and faculty that conducts classes on a regular basis; or
to any church or group organized for the purpose of divine worship,
religious teaching or other specifically religious activity. Attach copies of
I.R.S. exemption letter, and/or documents demonstrating entitlement to
exemption and certified survey showing land proposed to be donated. Also
attach certified survey showing size and location of parcel.
13. _____ The sale, lease or other conveyance of a single parcel from a tract of land,
except from a tract within a previously approved subdivision, within any five
(5) year period; provided that a second or subsequent sale, lease or other
conveyance from the same tract of land within five (5) years of the first sale,
lease or other conveyance shall be subject to the provisions of the New
Mexico Subdivision Act and the Regulations; provided further that a survey
shall be filed with the county clerk indicating the five (5) year holding period
for both the original tract and the newly created tract. Attach certified
survey showing size and location of original tract, parcel proposed to be
divided, and parcels previously divided from the original parcel and dates of
all divisions.
FEE: One Hundred Dollars ($100.00) for each Claim of Exemption.
14._____ The purchase of donation of land by a governmental entity for the purpose
of construction or use of a public project. Attach a certified survey of the
project showing the location and size of both tracts.
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I further certify that the information provided by me in this Claim of Exemption is
true and correct and that all documents attached to or enclosed with this Claim of
Exemption are originals or true, complete and correct copies of the originals.
Signature: ____________________________________
Print your name here: ____________________________________
Address: ____________________________________
City, State and Zip Code: ____________________________________
Telephone number(s): ____________________________________
SUBSCRIBED AND SWORN to before me this ______day of _________, 20____.
___________________________________NOTARY PUBLIC
My Commission Expires:
____________________________
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☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆
FOR OFFICIAL USE ONLY
_______ The foregoing Claim of Exemption has been approved.
_______ The foregoing Claim of Exemption is incomplete. Please provide us with the
following information and/or documents so that we can process your claim:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_______ The foregoing Claim of Exemption is hereby denied for the following
reasons:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Date: ________________________________
______________________________________________________
Name and title
FEE PAID: $__________________
Attach copy of receipt to this application.
Filed in Lincoln County Clerk’s Office on 02/20/2008 in Book 4 Pg. 178-181
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CLAIM OF EXEMPTION To claim an exemption from (Lincoln County)

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Completed 18 July 2020

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