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HomeMy Public PortalAboutRevised Affidavit of Brannon draft2 Feb 26-2019IN 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. From 1973 through 1998, I was an engineer and construction manager for Florida Power & Light (“FPL”). 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 lines. (“Undergrounding Project”). While the Town utilized its own contractors to complete the Undergrounding Project, all plans had to be reviewed and approved by the relevant utility company such as FPL. As to new underground power lines, FPL provided all of the materials for installation of its underground conduits and cables in the Town. The Town provided the installation labor to reduce it’s cash contribution requirement. 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 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. A Declaration and Establishment of Conditions, Restrictions, Limitations, Reservations and Easements Upon Hidden Harbour Estates, A Subdivision (“Declaration”) was filed in 1979 in conjunction with the development of the Hidden Harbour Estates subdivision, which confirmed the existence of the Easement. A true and accurate copy of the Declaration is attached hereto as Exhibit B. The Declaration provides as follows: UTILITY EASEMENTS. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the plat of Hidden Harbour Estates. Within these easements, no structure, planting or other material shall be placed or permitted to remain that may damage or interfere with the installation and maintenance of such utilities, change the direction of flow of drainage channels in the easements or obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Building Site and all improvements in it shall be maintained continuously by the owner of the Building Site, except for those improvements for which a public authority or utility company is responsible. Exhibit B at ¶ 12. Around the time the subdivision was developed, a first set of FPL cables were buried in the Easement. 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 another set of underground FPL cables within the Easement running along the northern property line of the Property and following North Hidden Harbour Drive as indicated on the Plat. 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. The installation of two different sets of FPL cables in the same area allows for the loop service which was the current FPL standard design requirement In March 2014 after the conduits were installed, 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 during the Undergrounding Project. 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 undergrounding projects, and for that reason alone, I recommended that the route of the FPL cables be relocated to the easement outside of the Plaintiff’s property. It is my professional opinion that the Town had every right to install the FPL facilities within the easement provided in the Hidden Harbour Estates plat. I never told 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: