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HomeMy WebLinkAboutAffidavit Site Name:Harvey Location No.101237 DATA FURNISHED IN THIS DOCUMENT IS PROPRIETARY AND CONFIDENTIAL AND SHALL NOT BE DUPLICATED,USED, OR DISPLAYED IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN TO EVALUATE THE DOCUMENT AFFIDAVIT COUNTY OF HARRIS § STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day personally appeared Nash Higgins, known to me to be the person whose name appears below, who upon being duly sworn, deposes and states the following: 1. "My name is Nash Higgins. I am over the age of 18, I have never been convicted of a felony, and I am fully competent to make this affidavit. I am the Executive Director, Houston/Gulf Coast Region, South Area, of Verizon Wireless ("Verizon Wireless"), and I have personal knowledge of the facts stated herein, which facts are true and correct. 2. "In the due course of business, Verizon Wireless will conduct its operations in compliance with all applicable FAA, FCC, and other applicable federal regulations." Further, Affiant sayeth not. ! ,A /7727, Dash Higgins SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned notary public, by the aforesaid Nash Higgins on this the ,7,1'4 day of /—•eI,ez. •�.� , 2006, to certify which witness my hand and seal of office. No Public in and for the State of Texas • 1�"''pU' + JO ANNE GIRTON vb.. 'c t;E Notary Public,State of Texas � 1rfoF ?" MyC,ommissionExpires 06-26-06 HOUSTON11930466.2 Site Name:Harvey Location No. 101237 • DATA FURNISHED IN THIS DOCUMENT IS PROPRIETARY AND CONFIDENTIAL AND SHALL NOT BE DUPLICATED, USED, OR DISPLAYED IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN TO EVALUATE THE DOCUMENT. AFFIDAVIT COUNTY OF HARRIS STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Anthony Befera, known to me to be the person whose name appears below, who upon being duly sworn, deposes and states the following: 1. "My name is Anthony Befera. I am over the age of 18, I have never been convicted of a felony, and I am fully competent to make this affidavit. I have personal knowledge of the facts and statements contained herein and they are all true and correct. I am employed by Verizon Wireless ("VZW") as a Real Estate Implementation Manager, and I have personal knowledge of the facts stated herein, which facts are true and correct. 2. I am authorized to supervise independent site acquisition contractors (the "Contractors") hired by VZW to research and locate acceptable telecommunications sites to service certain geographic areas. 3. VZW's radio engineers have identified the area near the intersection of Hwy 6 and Harvey Road, College Station, Texas, as an area where the existing radio frequency coverage is less than minimum acceptable quality. Standard business practice by VZW, and my instructions from VZW's radio frequency engineers, were to find a location within or as near as possible to this area that either(i) had an existing structure suitable for the location of VZW's telecommunications equipment or (ii) would allow for the construction of a structure upon which VZW could attach its telecommunications equipment. VZW engineers have conducted radio frequency studies of this area and have determined that the facility proposed at the entrance to Post Oak Mall from Harvey Road, (the "Proposed Site") would meet VZW's radio frequency coverage and capacity objectives in the area. A one mile radius from the Proposed Site is noted on Exhibit "A" attached hereto and incorporated herein(the "Search Ring"). 4. Prior to making this determination, in accordance with the City's (as defined herein) requirements and at VZW's request, the Contractors conducted an exhaustive research of the geographic area in and around the Search Ring in an effort to locate a suitable existing site for the installation or collocation onto a tower or antenna support structure for VZW's telecommunications equipment. 5. In the course of their work, the Contractors typically begin their research by investigating the zoning of the applicable municipality. They conduct a thorough search for existing structures with landowners who are willing to enter in to a HOUSTON\1930469.2 Site Name:Harvey Location No. 101237 lease with VZW pursuant to terms acceptable to both the landowners and VZW. If they are unable to find a workable solution utilizing existing communication towers or structures, only then do they begin searching for a building on which to install telecommunications equipment. The Contractors followed these procedures with respect to the Search Ring for this site. 6. Based on exhaustive research in and around the Search Ring, I can say unequivocally that the Proposed Site is the only available site to VZW to meet its pressing radio frequency coverage needs in the vicinity of the Proposed Site. The Contractors have made diligent, but unsuccessful, efforts to obtain permission to install or collocate the new VZW facility on existing structures located within the Search Ring." Further, Affiant sayeth not. att6ayir(n Anthony Befer SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned notary public, by the aforesaid Anthony Befera on this the 07 y' day of relipa,s2.�( ,2006, to certify which witness my hand and seal of office. // Notary blic in and for the State of Texas ,G• JO ANNE GIRTON le A� e�9 !o i ,� j•! NotaryPubic,State of Texas it-.... My Commission Expires 08-26-06 • HOUSTON\1930469.2