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Council approves ModWash lot split at Clear Lake Road with recorded easement and sale restriction
Summary
The City of Cocoa approved a lot split for ModWash LLC at 1540 Clear Lake Road on Oct. 28, conditioned on a recorded declaration of easements to secure shared access and a restriction requiring city consent before conveyances that would break unity of title.
The Cocoa City Council voted unanimously Oct. 28 to approve a lot split for property at 1540 Clear Lake Road (ModWash LLC), subject to two mandatory conditions: (1) the owner must provide a recorded declaration of easements, covenants and restrictions that grants vehicular and pedestrian access easements binding both resulting lots, and (2) the owner may not convey any interest that would cause loss of unity of title without first obtaining written consent of the city.
Planning staff presented the proposal, explaining the parent parcel (about 1.771 acres) would be divided into a new Lot 1 (approx. 1.201 acres) and Lot 2 (about 0.75 acres). Staff reported no zoning or future‑land‑use conflicts and no public objections. The resolution as presented requires the declaration of easements to be recorded simultaneously with the resolution.
Council discussion focused on the second condition — the requirement that owners notify and obtain written consent from the city before a conveyance that would break unity of title — and on the property’s history. Deputy Mayor Weeks and other council members asked whether the condition effectively requires city approval for future sales and whether that restriction originated in a Community Redevelopment Agency (CRA) conveyance. Planning staff and the city attorney explained the easement was an existing recorded condition tied to earlier CRA conveyance and that the declaration of easements will run with the land; they said the council’s condition aims to ensure continued shared access for both lots.
After the public hearing and brief public-comment period (no speakers objected), the council moved to approve the resolution with the two conditions described by staff; the motion passed unanimously.
What the council approved: Resolution 2025‑077 to divide one platted lot (ModWash LLC) into two resulting lots of record at 1540 Clear Lake Road, with the two mandatory conditions that the declaration of easements be recorded and that the owner secure city consent before any conveyance that would cause loss of unity of title.
Next steps: The owner must record the declaration of easements, covenants and restrictions simultaneously with the resolution before the split will be finalized in the county records. Any questions about future conveyances will be handled under the recorded instrument and the city’s condition of approval.
