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Home My WebLink AboutAffidavits AFFIDAVIT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, this day personally appeared Carolyn E. Schaff, who being by me first duly sworn, on oath says as follows: 1. "My name is Carolyn E. Schaff. I am over the age of 18 and have never been convicted of a felony or crime involving moral turpitude. I have a Bachelor of Science in Bioengineering and a Bachelor of Science in Electrical Engineering, both from Texas A &M University in College Station, Texas. I have been working as a radio frequency engineer for over nine (9) years. I have personal knowledge of the facts and statements contained herein and they are all true and correct. 2. "I have been a radio frequency engineer for SprintCom, Inc. ( "Sprint ") since July of 1998 and I am responsible for the design of its wireless network for the Houston and Bryan/College Station markets. Sprint has conducted radio frequency studies of the area surrounding the proposed wireless telecommunications facility site located at 903 Krenek Tap Road, College Station, Texas (the "Proposed Site "). This Proposed Site will provide optimal coverage for the residential areas surrounding the Proposed Site and will serve both coverage and capacity needs in the immediate vicinity of the Proposed Site. The Proposed Site will fill existing gaps in the ability of remote users of Sprint's wireless network to maintain access the national telephone network. 3. "During the last week of March 2004, Bruce Elliott conducted a drive test of the geographic area immediately surrounding the Proposed Site. During the drive test, Mr. Elliott collected data regarding signal strength and coverage on Sprint's wireless network. Attached hereto as Exhibit "A" is a true and correct original of the results of that drive test study. Exhibit "A" reflects actual signal strength at and around the Proposed Site. 4. "Mr. Elliott conducted his study between the hours of 10:00 a.m. and 3:00 p.m. during the last week of March 2004. This period of time represents non -peak hours for Sprint's wireless network. Based on my experience, background and education, it is my expert opinion that I would expect even poorer radio frequency coverage readings during peak drive time hours in the morning and in the evening than those reflected on Exhibit "A ". Mr. Elliott collected the data using the Grayson Invex data DALLAS\218218.3 collection tool. This tool was used to record radio frequency signal strength in Sprint's licensed bandwidth between 1871.25 and 1950 MHz. 5. "The color scale legend in the bottom right -hand corner of Exhibit "A" represents the following conditions: (i) Black dots represent areas where likely no wireless telephone calls could be made or received on Sprint's wireless network inside a building structure, in a vehicle, and outside; (ii) Orange dots represent areas where wireless telephone calls could most probably not be originated or received inside a building structure or in a vehicle but could possibly be generated or received outside; (iii) Blue dots represent areas where wireless telephone calls could most probably not be originated or received inside a building structure but could possibly be generated or received in a vehicle and outside; (iv) Red dots represent areas where wireless telephone calls could most probably be generated or received from inside a building structure, in a vehicle, and outside; (v) Yellow dots represent areas where wireless telephone calls could likely be generated and received both inside a building structure, in a vehicle, and outside; (vi) Green dots represent strong coverage where wireless telephone calls could be generated or received both inside a building structure, in a vehicle, and outside. 6. "Sprint proposes that its antennae be mounted at eighty (80) feet to meet its radio frequency needs in the area immediately surrounding the Proposed Site. The height of the proposed tower and the placement of the antennae therein in accordance with the construction drawings included in Sprint's application to the City of College Station, Texas are necessary to meet Sprint's minimum coverage and capacity objectives in the immediate vicinity of the Proposed Site. Sprint's Proposed Site, as designed, will substantially accomplish Sprint's radio frequency goals in the area while minimizing any aesthetic impact to the community." DALLAS\218218.3 -2- FURTHER, Affiant sayeth not. . d did ol chaff O " , SWORN TO AND SUBSCRIBED BEF ' ME this day of ib 2004, by Carolyn E. Schaff. ilL Notary Public, in and for the S • to of Te. r atruniAbn e rires: 41-1,-7,„. i PATRICIA A TOW�RY = 01 NOTARY PUBLIC � oF ''Comm. l Exp. 01 12 -2005 DALLAS\218218.3 -3- , . b 1. Frontage Road 4 4` , 4 0,4 iim s •••••( 41144RiEW ie. : iv . iv \-iw • _, ' 401:1 00;0 0. 000 0.0 0 ' ot a) m 110 41 e listo 4 ° N vc). 111J a / ,10 ir c \ ii it, 000 00 0 * sAsi • ' I • -t 6;,,,,, ..,..,, ci . . Ns' pF v 0' 14 496&9,11,,4 % ii, 1 6 - : , 0 ilk 4, 40, N ib. N ix) a? O) 0) c? c) ..,— ,- CD CD No 4 ,c9 ,=„ v v V V 1.1,- crj 0 0 ID ID 0 a s ) C? L$) 0) 0 ? cr? p CT() 07, -.. t(P, 4. C11 1 1 I 1 1 4.. CD 11 11 11 II II 41 COA A A A A ''' iPc it) 410 48 0 4110 0 X s • AFFIDAVIT STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME, the undersigned authority, this day personally appeared Michael Crain, who being by me first duly sworn, on oath says as follows: 1. "My name is Michael Crain. 1 am over the age of 18 and have never been convicted of a felony or crime involving moral turpitude. I have personal knowledge of the facts and statements contained herein. 2. "I am an independent contractor and site acquisition representative with Fossil Creek Land Company, which was hired by SprintCom, Inc. ( "Sprint ") to research and locate an acceptable telecommunication's site to service the geographic area immediately surrounding the "Search Ring" depicted on Exhibit "A" to this statement and incorporated herein by reference. Sprint has conducted radio frequency studies of the area surrounding the proposed wireless communications facility site located at 903 Krenek Tap Road, College Station, Texas (the "Proposed Site "). Sprint's radio frequency engineers have determined that a site at 903 Krenek Tap Road would meet Sprint's radio frequency coverage and capacity objectives in the area of the Proposed Site. 3. According to Sprint's radio frequency engineers, its radio frequency coverage in the area of the Proposed Site is less than optimum and in many instances suffers from significant gaps in coverage. 4. "In accordance with Sprint's request, I have conducted an exhaustive research of the geographic area in and around the Search Ring from June 2003 to the present in an effort to locate a site for the location of telecommunications equipment. 5. "As a site acquisition representative for Sprint tasked with locating a suitable site for the location of telecommunications equipment, I typically begin my research by researching the zoning of the applicable municipality. Next, I conduct a thorough search for existing structures with landowners who are willing to enter into a lease with Sprint. If I am unable to find a workable solution utilizing existing structures, only then do I begin searching for raw land on which to construct a new site. I followed these procedures with respect to the Search Ring. DALLAS1218149.2 6. "During the initial search of the geographic area in and around the Search Ring, I determined that there were no existing towers or structures available for collocation or near the Search Ring with the exception of the following: (i) Existing City of College Station, Texas (the "City ") owned 50' softball field light in Central Park near Central Park Drive and Krenek Tap Road; (ii) Existing City owned 65' flagpole in Central Park; and (iii) Existing 72' power pole along Highway 6 access road near Krenek Tap Road. After: a meeting with Charlie Shear, who is/was the Communications & Infonpnation Services Manager (Office of Technology and Information Services), 1 was persuaded that attempting to pursue a lease on the above - mentioned sites would pose significant problems. Specifically, the lease would have to be approved by public vote and if the City did issue a final approval of the site, Sprint would be required to dedicate its structure to the City. 7. "The :following are the other site candidates that were reviewed and the justifications and reasoning for their failure as viable candidates: (i) Power pole near Krenek Tap Road and Highway 6 access road: According to Sprint's radio frequency engineers, based on radio frequency propagation studies, this site was determined to be too far from the desired coverage area. (ii) College Station Public Service Center [310 Krenek Tap Road]: According to Sprint's radio frequency engineers, based on radio frequency propagation studies, this site was determined to be too far from the desired coverage area. (iii) Kapchinski Property [Krenek Tap Road]: After a conversation with Mr. Kapchinski, the owner of this property, 1 discovered that the City was in negotiations to purchase the property along Krenek Tap Road. According to Mr. Kapchinski, he inquired to the City as to the possibility of Sprint leasing a small portion of this property and he was told no. (iv) Beautiful Savior Lutheran Church [1007 Krenek Tap Road]: Discussions were underway with the current Pastor at this church. However, it was determined that a new Pastor would be replacing DALLAS\2I8149.2 -2- the current Pastor and the new Pastor was not interested in pursuing lease negotiations with Sprint. (v) Raw land South of Dartmouth and West of Krenek Tap Road: According to Sprint's radio frequency engineers, based on radio frequency propagation studies, this site was determined to be too far from the desired coverage area. (vi) Raw land North of Dartmouth and West of Krenek Tap Road: Numerous messages were left for David Bradley Dean, owner of this property, but those messages were not returned. 8. "There are no alternative sites available within the Search Ring that will satisfy Sprint's radio frequency needs." FURTHER, Affiant sayeth not. 7.�/ 0r • ichael Crain SWORN TO AND SUBSCRIBED BEFORE ME this G day of YI , 2004, by Michael Crain. � Q Notary Pub ic, in and for the State of Texas My commission expires: Al rve e✓ SPOU ■ c T ' E. PAMICK STAHL I N meoblo,NO i' Coma EON Nov. S,KO7 DALLAS\218149.2 -3- EXHIBIT "A" To A ffidavit of Michael Crain ( % ( .. l' 3 . , � ? � » r i� � >o ''' c;,' . y �> � ' \\L ' �,^ s � "tea � +, " � " r y� v ! � � ,a F° e r 7 a` u ` .. � 5111�0lM�lK flOIMI pf : P " : r , � �x k. v1/4,,,,N?‹ ,tit; j k �` � d � z� .._ �5 9' 1 y 'ro .A � � � � e � r -- ..;;;thRing. , ., ,-„, ' `- 2'44 7 1 - - ., , 1 ,43,4'. - 1 °r,,°,r,i-r ' . \ ,,, z • AL--------- -,4 .,...„„ ,„ , „ *,.‘,,,, . ' / 4i31\ __ : 4..tiel s ' . � � � r � "." �t al a 177,,1„.2-,,''' p" Y �+ � � 30161302 96i2984 ;•/ A \°"‘ . *' � �.� � �'�l "�a ��.: , �. a d a i � r _� _ �, ' k v� � Lt, ..,4- '! �%��' `�-.LTI � X 1 2 ® , g r - 1 r a " � � f / x :_ / 1 + a -,a \ . . ,, i..: ,,..s..i �' " �` � 500 � ff 4 " ,i ,, " t. re + /- ,' x �6�- "- a jS ' ,,,,,,:...,,,:.7,..0.:<:,,,_07,....,.,‘,..,.,:,,,,i.,/,:,,,„ .. ''. — -- ' `'' Affidavit of Michael Crain Exhibit "A ", page i