California Surveyors Forums

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

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.