HomeMy Public PortalAboutCCI_000003UTILITY 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.
12. Around the time the subdivision was developed, a first set of FPL cables were buried
in the Easement.
13. 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").
14. 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.
15. To underground FPL cables, three plastic conduits two inches in diameter were
installed at a depth of approximately 5.5 feet ("Conduits")
16. The Conduits were located approximately three feet south of northern boundary line
of the Property and within the Easement.
17. 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.
18. The FPL cables would be then be installed within the Conduits.