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Sharons
Atop a water tower nestled in Mt. Auburn is a water tower that serves multiple purposes including a 911 Dispatch Tower. The property that it is located is owned by George and Pam Sharon and up to this year, they have had an agreement with the East Pendleton County Water District and Pendleton County Fiscal Court for access to the water tower. A portion of the easement to the tower also serves the Sharons as their driveway.
The Sharons had received an annual fee for the county’s use of the same easement granted to East Pendleton Water District that began in February 17, 2010 and was renewable on June 30, 2010 each year. On June 28, 2019, the Sharons gave written notice to the county that they were terminating the agreement effective June 30, 2020.
Falmouth Outlook contacted the Sharons for the purposes of this story and explanation of why they were terminating the lease. George declined to comment and directed any questions to their lawyer Pete Whaley of Grant County. Despite numerous phone calls and messages, Whaley has not returned our phone calls to provide any answers on why the Sharons terminated the agreement.
As a result, Pendleton County Fiscal Court felt they had to move forward with an eminent domain case to have usage of the water tower for 911 broadcast.
“It is being sought because the county has its 911 equipment installed on the water tower and without access to that equipment it would have to be moved. To move it to a location that would serve the purpose would require actually building a tower since no predicting structures exist,” explained Pendleton County Attorney Stacey Sanning before adding, “The Sharons previously sold an easement to the water district but refused to sell an easement to the county.”
The county claims in their lawsuit, “it would cost the county in excess of $268,000” to have to re-locate its equipment to a new location.
The county also claims “The county is duly authorized....to exercise the right of eminent domain and to condemn property, or the use of property for public purposes, to promote health, safety and welfare of the citizens of Pendleton Count and in particular for the operation of a 911 system for the protection and benefit of the citizens of Pendleton County.
The deed of easement that the county filed with the petition for condemnation indicates they were willing to pay $6,000 and “other good and valuable considerations” to G. H. Sharon and Pamela Sharon. The document further states “The parties acknowledge the Grantee has previously used a road within the boundaries of this easement.”
It further states with Grantee being Pendleton County Fiscal Court, “The purpose of this easement being to acknowledge the Grantee’s right to use and continue to use said road to access county equipment located on the property owned by East Pendleton Water District and for any and all other purposes to access said property. The Grantee shall have the right to maintain and repair said road. The easement shall be permanent in nature and shall run with the land.”
As of last week, Whaley has yet to file their response to the lawsuit.