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HomeMy WebLinkAboutAffidavitvw - 0 4 %011: S5 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. I 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 a City of College Station GIS map and labeled 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. 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. "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. DALLAS\218149.2 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) 41 on map: Existing City of College Station, Texas (the "City") owned 50' softball field light Central Park near Central Park Drive and Krenek Tap Road; (ii) #2 on map: Existing City owned 65' flagpole in Central Park (iii) #3 on map: Existing 72' power pole Highway 6 access road near Krenek Tap Road. After a meeting with Charlie Shear, who is /was the Communications & Information Services Manager (Office of Technology and Information Services), I 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) #4 on map: 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. (ii) #5 on map: Kapchinski Property - Krenek Tap Road After a conversation with Mr. Kapchinski, the owner of this property, I 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. (iii) #6 on map: 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 the current Pastor and the new Pastor was not interested in pursuing lease negotiations with Sprint. DALLAS \2181492 -2- (iv) #7 on map: 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. (v) #8 on map: 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. (vi) #9 on map: Shell convenience store /gas station at the intersection of Dartmouth and Southwest Parkway This location was looked at during the original search ring scrub in July 2003 because of its proximity within the search area and the 2 flagpoles that already adorned the property. (1) After a review of the size of the property from the Brazos CAD owner maps and the visible footprint of buildings and gas pumps this was determined to be a last resort location, if it would be considered at all. (2) We have been advised to steer clear of gas stations when there appear to be other available locations, as in this case; primarily because of possible LUST concerns and other environmental factors. (3) This location was directly across from Brentwood Phase 5 Single family homes. 7 R1 -zoned single family home lots are directly across from this property. (4) Photos taken during the SR scrub are attached hereto as Exhibit "B " photos (note the price of gas). (vii) #10 on map: Planters and Merchants State Bank located on Southwest Parkway just west of the Dartmouth intersection This location was looked at during the original search ring scrub in July 2003 because of its proximity within the search area. (1) After a review of the size of the property from the Brazos CAD owner maps and the visible footprint of buildings, this property was determined to have insufficient space and was unacceptable from a construction standpoint. DALLAS\218149.2 -3- (2) This location was directly across from Brentwood Phase 5 Single family homes. 7 Rl -zoned single family home lots are directly across from this property. (3) The lease acquisition on this property was determined to be, in theory, very difficult to obtain based on historical dealings with banks and relative to the other possible alternatives in the SR that were still being reviewed. (viii) #11 on map: Scarmardo Office Building at Southwest Parkway and Ashford Drive This location was not reviewed as it is outside of the search area. (1) This is in the location that we were advised to not get too near, if possible, as it would encroach on the signal from another Sprint site nearby. (ix) #12 on map: The apartment complex located on Dartmouth directly behind P &M State Bank & the Shell station owned by Heritage at Dartmouth This location was looked at during the original search ring scrub in July 2003. (1) The property is saturated with apartment buildings, parking and other related facilities and was determined to have insufficient space and as such was unacceptable from a construction standpoint. (2) This is in the location that we were advised to not get too near, if possible, as it would encroach on the signal from another Sprint site nearby. (x) #13 on map: The Haven apartment complex located on Dartmouth immediately across from Teal Street. This location was looked at during the original search ring scrub in July 2003. (1) After a review of the size of the property (2.02 acres) from the Brazos CAD owner maps and the visible footprint of buildings, this property was determined to have insufficient space and as such was unacceptable from a construction standpoint. (2) This is in the location that we were advised to not get too near, if possible, as it would encroach on the signal from another Sprint site nearby. DALLAS \218149.2 -4- (3) Photos taken during the SR scrub are attached hereto as Exhibit "C " photos. (xi) #14 on map: The duplex tract known as "Teal Street" located on Dartmouth iust east of the Southwest Parkway intersection This location was looked at during the original search ring scrub in July 2003. (1) The zoning on these individual tracts is R2. When given the choice we would choose, as we did, the less restrictive zoning of R5 / R4. (xii) #15 on map: Waterwood Townhomes owned by Jim Stewart currently under construction on Krenek Tap Road This location was looked at during the original search ring scrub in July 2003. (1) The zoning on this property at the time was R1. When given the choice we would choose, as we did, the less restrictive zoning of R5 / R4. (2) The zoning of the property has subsequently been changed to R4. (xiii) #16 on map: Windsor Pointe Apartments located on the south side of Southwest Parkway, west of Central Park Lane intersection This location was looked at during the original search ring scrub in July 2003 and a possible location was chosen and photographed. (l) The location chosen and depicted in the photographs seemed to be the only available space in the complex with sufficient space for Sprint's needs. (2) The space is surrounded by high - density residential apartment buildings and duplexes. (3) The location would essentially be right off of the patio of one apartment complex building and in the front yard of the nearest duplexes. (4) Though the zoning was similar in this area as the Wright Property (R3, R4 and R5) there is not any type of buffer; trees or otherwise to shield the proposed facility from the homes surrounding this location. DALLAS \218149.2 -5- (5) The Wright Property does have a rather large green -belt area separating the proposed facility from the adjacent Waterwood Townhome development. (6) Photos taken during the SR scrub are attached hereto as Exhibit "D " photos. (xiv) 417 on map: Eastmark Apartments located on the north side of Southwest Parkway, at the Central Park Lane intersection This location was looked at during the original search ring scrub in July 2003. (1) The rear 1 /4 of this 7.31 acre tract of land was in the search area. (2) After a review of the size of the property within the search area and the visible footprint of buildings, this property was determined to have insufficient space and as such was unacceptable from a construction standpoint. (3) Regardless of the lack of space at this property within the search area, any WTF that could theoretically be located at this property would be placed directly adjacent to the backyard of the duplex properties of Eastmark Phase 2, specifically those located off of Azalea Court or Camellia Court. (xv) #18 on map: The P. David Romei Arts Center located at Colgate and Dartmouth This location was looked at during the original search ring scrub in July 2003. (1) The property is only partially in the search area. (2) At the time of the search ring scrub the property was still under construction as seen (to some degree) in the exhibit photos. (3) Photos taken during the SR scrub are attached hereto as Exhibit "E " photos. DALLAS \218149.2 -6- (xvi) #19 on map: The Oak Forest Mobile home Park located on Krenek Tap Road This location was looked at during the original search ring scrub in July 2003. (1) Only the most northerly corner of this 24.78 acre property is in the search area (less than 5% of property). (2) This corner of property was occupied by a trailer home at the time of the review as noted in the exhibit picture. (3) Photos taken during the SR scrub are attached hereto as Exhibit "F" photos. All pictures included as exhibits were taken between June and August of 2003 as part of the search ring research done for this site. Original photographs include time and date stamps embedded within the file name showing date picture was taken. "There are no alternative sites available within the Search Ring that will satisfy Sprint's radio frequency needs." FURTHER, Affiant sayeth not. SWORN TO AND SUBSCRIBED BEFORE ME this � day of , 2004, by Michael Crain. Notary Public, iq and for the Stat9bf Texas My commission expires: 8-1(0-0-5 SUSAN J. STANLEY `• NOTARY PUBLIC STATE OF TEXAS * COMMISSION EXPIRES: NOVEMBER 16, 2005 DALLAS\218149.2 -7- 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 OF PATRICIA A.TOWERY COUNTY OF HARRIS STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day personally appeared Patricia A. Towery, 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 Patricia A.-Towery. I am over the age of 18, 1 have never been convicted of a felony, and I am fully competent to make this affidavit. I am a Senior Property Specialist for SprintCom,Inc.("Sprint"), and I have personal knowledge of the facts stated herein,which facts are true and correct. 2. "Attached hereto as Exhibit "A" is. a Propagation Map reflecting the approximate radio frequency coverage,in Sprint's licensed band width,for the PCS sites currently operating in the area immediately surrounding the Sprint's proposed telecomunnications site on Krenek Tap Road in College Station,Texas(the"Proposed Site"). 3. "Attached hereto as Exhibit "B" is a map which reflects the site number, site name, site address and coordinates, and structure type and height for all Sprint PCS sites currently operated within College Station and its ETJ. Also, Exhibit "B" details any currently proposed equipment upgrades for the sites listed thereon. These proposed upgrades are designed to maximize the existing Sprint PCS sites assuming approval, construction and activation of the Proposed Site. 4. "Currently,the Proposed Site is the only new coverage or capacity PCS site proposed by Sprint through the end of 2006 within the city limits or ETJ of College Station,Texas. ; Further Affiant sayeth not. / r Patricia A.Towery SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned n• • public, by the aforesaid Patricia A.Towery on this the day of January,2005,to certify which witness my hand and seal of office. Notary Public in and for the State of Texas [SEAL] OALLAS<237361.2