The agreement between the City and FSDB

400-FSDB-CITY-MOA“Come now the City of St Augustine, a Florida municipal corporation, and the Florida School for the Deaf and the Blind, who hereby agree as follows:” and so starts the Memorandum of Agreement that was negotiated to prohibit the exercise of eminent domain to take away the homes of city residents for 10 years — and, in two historic districts, forever.

City residents were the impetus for city commissioners, City Manager John Regan and his staff to call to a conclusion months of neighborhood rancor; between the sprawling campus of the state school and the National Register Historic Districts of Nelmar Terrace and Fullerwood Park.

The original signed agreement is part of this article.

The assurance residents received was found in Section 6:

6. Eminent Domain.

A. The parties agree that the FSDB, or any person or agency acting on behalf of the FSDB, shall exclude permanently from the exercise of eminent domain by the FSDB all lots located in the Fullerwood and Nelmar Terrace Historic Register Districts (described in the attached and incorporated by reference composite Exhibit “A”) and lots 6 and 7, Genoply Tract, Map Book 2, page 83 (the Sickles and Register lots).

B. The parties agree that the FSDB, with the consent of the affected real property owners, shall cause the preparation, execution and recordation on the public records of such covenants and restrictions as may be necessary to ensure the permanent exclusion of the exercise of eminent domain on the properties described above.

C. The parties agree that the FSDB, or any person or agency acting on behalf of the FSDB, shall exclude from the exercise of eminent domain for a period of not fewer than ten (10) years all other real property located within the municipal boundaries of the City.

The form of the covenants and restrictions that will be recorded by the school at the property owners request should be available within the next week, according to the administrative office.

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