Marysville City Council held its return to in-person meetings Monday night. The meeting was held in Veterans Auditorium to allow for social distancing. (Journal-Tribune photo by Mac Cordell)
Land was donated to city, but Marysville never accepted it
There is a pool in Mill Valley. This is certain.
Who owns it is not. Nor is the reason no one can use it.
At Monday’s Public Safety/Public Service Committee meeting, City Law Director Tim Aslaner informed the group that in 2018, Pulte Homes deeded 1.97 acres of the Mill Valley North subdivision where the pool is located to the city.
“We don’t really know why or how this happened,” Aslaner said.
He added the transfer was done, “without city council or city administration’s knowledge.”
Aslaner explained that the city never accepted the land and without the acceptance, the property is not actually transferred.
City officials have prepared an affidavit of facts denying the transfer.
“To date, the city has not accepted the property and has no intention of accepting title to the property,” according to the affidavit. “The city cannot be compelled to take a conveyance against its consent.”
Aslaner said city council would need to approve the affidavit before it can be filed.
“The property will revert back to the grantor,” Aslaner said.
Councilman Aaron Carpenter, who represents Ward One where the property is located, said he will not support the affidavit.
Carpenter proposed the city hold onto the deed until a dispute between residents in the subdivision and the homeowners association is resolved. Carpenter read a letter from Matt Nageotte, one of his constituents. Nageotte explained that homeowners pay into a homeowners association. He said the association was to be turned over to the homeowners last year but that hasn’t happened.
He went on to say that homeowners pay a fee to operate a neighborhood pool. Nageotte said homeowners paid that fee this year. He said the pool was filled, but residents are not allowed to swim in it. He said residents have been frustrated because Borror, the company hired by Pulte to manage the association, has not answered questions and will not make financial reports available for review.
“Due to the extreme lack of customer service and events that have transpired over recent months, we have taken measures to pursue alternative options for HOA management in Mill Valley North and Woods of Mill Valley North,” Nageotte wrote. “During this process the residents request the City of Marysville does not turn over the land/deed/title of the pool to Borror.”
He asked the city to maintain ownership until a new HOA is elected and a new property management company is hired.
“Once the decision has been made and a new property management company has been assigned, we will then welcome the title transfer for the property which the pool resides on,” Nageotte wrote. “We have a plan in place and hope to execute the plan within the next couple of months.”
Aslaner said that while he understands the issues, “that’s really a moot point because we don’t really own it.”
Resident Jason Remich asked the board and Aslaner what option the residents have.
“Unfortunately, all I can say is it is a private dispute,” Aslaner said, recommending the residents hire an attorney.
Aslaner said that as he works with the Pulte attorney to have the matter resolved, he will, “let her know the sentiment that has been expressed here.”
County Auditor Andrea Weaver, who lives in the neighborhood, asked the city to do more than that.
“Why not, with the outcry of the citizenry, use the power of the city to exert some pressure?” she asked, urging the city to delay the return until the matter is resolved.