An opinion submitted by Jennifer Harrison
May 19, 2014 1:00 a.m.
In 1997 a manager from the Jefferson Smurfit mill asked permission from the City Of Fernandina to erect a temporary gate across a city street in Old Fernandina (now Old Town) while a new well was being drilled. The City of Fernandina’s Community Director allowed the mill to place the temporary gate across the street with certain stipulations. “This allowance, by no means, gives up any rights by the City to this public right of way…” and …”the City reserves the right to request JSC (Jefferson Smurfit) to move the fence should the need arise, as determined by the City.”
In 2014 the same manager at the mill (now RockTenn) now maintains that this area, 186.5 feet by 46.5 feet belongs to the mill. However, the mill cannot offer any evidence to support that claim. Indeed, that is no surprise as the city’s original deed of sale for the erection of the Kraft mill deliberately and specifically excludes this small area, and while the lots on the east of Estrada Street, abutting the disputed area, were sold to the mill over the years, the street and right of way never was. A city street can only be vacated by a city ordinance and public records reveal that has never occurred. Since 1997 residents of Old Town have asked that the gate across Estrada Street be removed.
Now, with new evidence coming to light, residents of Old Town are again pressing the City to ask RockTenn to remove the gate across Estrada Street in Old Town. Such action will not only restore City property, it will also help in two other ways. It will contribute to the restoration of Old Town’s historic grid, the basis for its listing on the National Register of Historic Places and an action item in the Old Town Guidelines, and it will also allow for the creation of a useful and attractive area which could be used for a pocket park with historical informational signs, a possible trailhead for walking/bicycling trails, and support a possible canoe/kayak launching point at the Amelia River at Garden Street.
As can be seen in the diagrams, the gate across the city street and right of way is of no use to the mill. The gate has a stub end and secures nothing as it ends in unfenced land. The cost of removing the gate and placing a short distance of new fencing to mark RockTenn’s legal boundary is negligible. The City Commission, City Manager and City Attorney agree that this is city property. The City Manager has requested RockTenn to remove the gate; however at this point in time the gate remains.
Editor’s Note: Dr. Jennifer Harrison is a resident of Old Town involved with the Amelia Island Museum of History and a board member of the Fernandina Beach Friends of the Library.