A deed restriction for the remainder parcel??

[VANCE]

Remainder Parcel Question.

We submitted a tentative parcel map with one parcel and a remainder parcel. It is no secret that the remainder parcel is going to be developed at a later date, and the local agency knows this. When the conditions of approval are received I get the following:
“A deed restriction for the remainder parcel shall be recorded with the County of _______ recorder in conjunction with the final parcel map. The deed restriction shall indicate that it is a designated remainder parcel and may not be sold, financed, or leased whether immediately or in the future without compliance with the California subdivision map act and the City of ___________ subdivision ordinances.â€￾

The Map act states: “6424.6. (a) When a subdivision, as defined in Section 66424, is of a portion of any unit or units of improved or unimproved land, the
subdivider may designate as a remainder that portion which is not
divided for the purpose of sale, lease, or financing.â€￾

And the local ordinance just refers to the Map act.

I wanted to see if anyone had an opinion on this (how can they impose this condition) and maybe help me see the light.

Thanks

Vance

[Lehmann]

Vance,
You stopped too short, read 66424.6 d). "A designated remainder or any omitted parcel may subsequently be sold without any further requirements of the filing of a parcel map or final map, but the local agency may require a certificate of compliance or conditional certificate of compliance."

I think they are confusing creation of the parcel with development of the parcel. The County or City attorney should have this section pointed out to them.