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HomeMy WebLinkAboutFebruary 20, 2025 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM Thursday, February 6, 2025 13.2 D Report CAO-12/25 by Thomas Thayer, CAO re Acquisition / Stop-up, Close, and Convey – Part 1 – Plan 11R-11305 – Part of Fourth Street, Straffordville REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 20, 2025 REPORT: CAO-12/25 SUBJECT: ACQUISITION / STOP-UP, CLOSE, AND CONVEY – PART 1 – PLAN 11R-11305 – PART OF FOURTH STREET, STRAFFORDVILLE BACKGROUND The Municipality has an interest in an unopened portion of Fourth Street, Straffordville, identified as Part 1 on Plan 11R-11305, but does not formally own the lands. The lands are part of a block owned by Soreny Farms Ltd. Soreny Farms Ltd. has executed a sale of lands to the Straffordville Evangelical Mennonite Church (EMC) for expansion of their parking lot to the north of their current location. In 2024, staff was contacted by the solicitor for the purchaser to act as in intermediary in a transaction between Soreny Farms Ltd. and the Straffordville EMC whereby the Straffordville EMC wishes to acquire lands from Soreny Farms Ltd. to expand their parking lot. The unopened portion of Fourth Street is currently owned by Soreny Farms Ltd. despite Bayham’s interest in same. As the Municipality has an interest in the unopened road allowance, the interest must be relinquished to permit the transaction to take place. Acquisition of Part 1 on Plan 11R-11305 as an intermediary to stop-up and close, then convey to the Straffordville EMC was presented as the best option. This would provide the Straffordville EMC with one contiguous parcel of land on which to expand. At its November 21, 2024 meeting, Council received Confidential Report CAO-52/24 and provided direction at that time. DISCUSSION The Municipality is now in a position to acquire Part 1 on Plan 11R-11305 for nominal consideration, and then, in accordance with the Municipality’s Sale of Surplus Municipal Lands Policy, immediately surplus the lands and commence a public comment period to stop-up, close, and convey same to the Straffordville EMC for nominal consideration. There is no land value being recouped by Bayham as Bayham is acting as an intermediary only, so the Straffordville EMC can acquire additional lands from Soreny Farms Ltd. as one contiguous parcel. Straffordville EMC will be required to reimburse Bayham for applicable survey and legal fees associated with the transfer. In respect of drainage infrastructure, the Manager of Public Works|Drainage Superintendent has reviewed the R-plan and confirmed that the Straffordville Drain 8 is closest to this property but does not travel through it. Staff recommend Council authorize the acquisition and subsequent surplus of Part 1 on Plan 11R-11305, being a part of Fourth Street, Straffordville. Staff recommend direction to proceed with the public comment period to stop-up, close, and convey Part 1 on Plan 11R-11305 to the Straffordville EMC for nominal consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Plan 11R-11305 RECOMMENDATION 1. THAT Report CAO-12/25 re Acquisition / Stop-up, Close, and Convey of Part 1 – Plan 11R-11305 – Fourth Street, Straffordville, be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham authorize the acquisition of Part 1 on Plan 11R-11305, being part of Fourth Street, Straffordville, for nominal consideration to facilitate a transaction between Soreny Farms Ltd. and the Straffordville Evangelical Mennonite Church; 3. AND THAT the Mayor and Chief Administrative Officer be authorized to execute any documents necessary to complete the acquisition; 4. AND THAT the Council of The Corporation of the Municipality of Bayham declares Part 1 on Plan 11R-11305 surplus to the needs of the Municipality for purposes of conveyance to the Straffordville Evangelical Mennonite Church; 5. AND THAT staff commence the appropriate public comment period to stop-up, close, and convey Part 1 on Plan 11R-11305 to the Straffordville Evangelical Mennonite Church, with all of the Municipality’s legal and survey costs being paid by the Straffordville Evangelical Mennonite Church. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer