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Home My Public Portal AboutProposed Affidavit of Danny Brannon draftIN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2015CA001498 AI MARTIN O’BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. / AFFIDAVIT OF DANNY BRANNON STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared, DANNY BRANNON, who having taken an oath, deposes and states as follows: I, DANNY BRANNON, am over eighteen years of age and make the following statements based upon my personal knowledge. I am a registered professional engineer and a director at Brannon and Gillespie, LLC. In April 2011, the Town hired Brannon and Gillespie, LLC, as its engineering consultant to oversee its project to place all utilities lines within the Town underground, including all power, cable television, and telephone lines. (“Undergrounding Project”). A referendum was conducted and passed based on improvements being provided to all properties within the project area relative to improved Aesthetics, Safety and Reliability. Florida Power & Light Company (“FPL”) Electric Tarrifs filed with the Florida Public Service Commission provide that the applicant can provide the installation labor for part or all of the new FPL underground facilities. Florida Power & Light provided all the materials for the installation of their facilities. While the Town utilized its own contractors to complete the installation of the underground Florida Power & Light facilities, , all plans had to be reviewed and approved by Florida Power & Light (“FPL”). While the Town would pay for the contract labor to construct the infrastructure associated with the FPL portion of the Undergrounding Project, ownership, operation and maintenance of the new underground FPL facilities would be the responsibility of FPL upon completion of the installation. In early 2014, work on the Undergrounding Project was approaching the Hidden Harbour Estates subdivision. A true and accurate copy of the plat for Hidden Harbour Estates is attached hereto as Exhibit A (hereinafter, “Plat”). The Plat includes a “utility easement” which is “for the construction and maintenance of public utility and drainage systems, including the right to construct and maintain underground transmission lines in, under, and across said private road as long as it remains private property” (“Easement”). Ex. A. Existing FPL underground lines were previously installed along the within these easements when the property was originally developed. Additionally, a copy of the Declaration and Establishment of Conditions, Restrictions, Limitations, Reservations and Easements upon Hidden Harbour Estates, a Subdivision which in section 12 further describes the purposes and restrictions of the platted easements. Exhibit B. Additionally, a copy of the warranty deed to Lot 5, Hidden Harbour Estates recording the sale of said Lot 5 to Martin E. O’Boyle further communicating the restrictions and conditions of record. Exhibit C. I understand that the Plaintiff, MARTIN O’BOYLE, is the owner of a home in the Hidden Harbour Estates subdivision described as Lot 5 and located at 23 North Hidden Harbour Drive (“Property”). Per the plans, the Town intended to install underground FPL cables within the Easement running along the northern property line of the Property within North Hidden Harbour Drive as indicated on the Plat. These cables provided a specific benefit to the homes in Hidden Harbour Estates. To underground FPL cables, three plastic conduits two inches in diameter were installed at a depth of approximately 5.5 feet (“Conduits”). The Conduits were located approximately three feet south of northern boundary line of the Property and within the Easement. The Conduits were installed using directional boring, which is a minimal impact trenchless method of installing underground pipe, conduit, or cables along a prescribed underground bore path by using a surface-launched horizontal drilling rig. The FPL cables would be then be installed within the Conduits. Upon completion of the Undergrounding Project along North Hidden Harbour Drive, the FPL cables would have connected to a transformer located at the west-end of the street and would have provided loop service to the homes long North Hidden Harbour Drive including the Plaintiff’s home at the Property. Loop services provides for faster restoration of power in the event of a cable failure by providing for service restoration without having to repair or replace failed cables.. Another set of FPL cables are already buried within the Easement on the Property. Installation of two different sets of FPL cables in the same area allows for the loop service. In March 2014, I learned that the Plaintiff was objecting to the placement of the FPL cables on his Property. After the request and because another easement existed immediately to the north of the Property, it was decided that the FPL cables would be installed in an easement outside of the Plaintiff’s Property. No FPL cables were ultimately installed within the Easement on the Plaintiff’s Property. An attempt was made to remove the Conduits on the Property by pulling them back out along the bore path, but only a section of them were removed. In my experience, maintaining community harmony is very important on these undergrounding projects, and for that reason alone, we relocated the route outside the O’Boyle property. The alternate route was narrow and had fragile concrete asbestos water lines installed which we would have prefeerd to have avoided. It is my professional opinion that we had every right to install the FPL facilities within the easement provided in the Hidden Harbour Estates plat. Inever communicated to the Plaintiff or anyone else that I believed the Town did not have the right to install underground utility lines within the Easement. FURTHER AFFIANT SAYETH NAUGHT. DANNY BRANNON I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DANNY BRANNON, to me known to be the person described and who, after being duly sworn, deposed and made the foregoing statements under penalty of perjury. DANNY BRANNON executed the foregoing instrument and acknowledged before me that he executed the same. SWORN TO AND SUBSCRIBED before me this day of February, 2019, at , County, Florida. Affiant is personally known to me Produced I.D. Notary Public My Commission Expires: