Purpose

To consider the appropriation of land adjacent
to the A4123 New Birmingham Road from The Ormiston
Academy

Content

Resolved:-

 
(1)         
that the £1.56m grant from the West Midlands Combined
Authority is accepted for the purposes of the early design and
delivery of the section of the A4123 Bus, Walk, and Cycle scheme on
the A4123 from Burnt Tree junction to Lower City Road;
 
(2)         
that authorisation is given for the appropriation of land at A4123
New Birmingham Road (as shown in Appendix A) as highway to allow
for highway improvements on the A4123 New Birmingham Road subject
to the relevant completion certificates being issued to Highway
Services under Section 36 (2) (a) of the Highways Act 1980, so that
they are adopted as public highway and maintainable at public
expense;
 
(3)         
that authorisation is given for an application to the Secretary of
State for Education for the appropriation of land at Ormiston
Sandwell Community Academy, Lower City Road, Oldbury to Highways
Services:
 
(a)         
subject to the application being approved by the Secretary of State
for Education, the Director of Children and Education be authorised
to complete appropriation of the land to Highways Services;
and,

 
(b)         
subject to (3a) above, the Director of Regeneration and Growth be
authorised to complete the appropriation from Children and
Education to Highways Services and agree to any compensation
required.
 
(4)         
that approval is granted to Council to cover the cost of the
appointment of legal advisors (up to a maximum of £5,000) to
act on the behalf of the Ormiston Academies Trust to enable the
legal drafting of documents such as a Deed of Surrender and the Re-
Grant of new lease with amended extent of demise for the purpose of
the Academy lease, to enable the disposal of part of the nonplaying
field land leased by them under Part 3 of Schedule 1 to the
Academies Act 2010;

 
 
(5)         
that authorisation is given to the Assistant Director for Legal and
Assurance to surrender the original lease dated 17 July 2013
granted to the Ormiston Academies Trust for the Ormiston Sandwell
Community Academy and to re-grant the lease with amended extent of
demise, which would exclude part of the land required for the
purpose of the A4123 Highways Improvements and to vary the lease
between Council and the Ormiston Academies Trust to take into
account the disposal of part of the non-playing field land leased
by them under Part 3 of Schedule 1 to the Academies Act 2010;
 
(6)         
that authorisation is given to the Assistant Director for Legal and
Assurance to apply to the Land Registry Applications to:
 
(a)         
update the current Freehold Title (Title Number:
WM881722);
 
(b)         
update the Leasehold Title (Title Number MM8928) owned by the
Council;
 
(c)         
update the Leasehold Title owned by the Ormiston Academies Trust
(Title Number MM134250); and,
 
(d)         
subject to (a), (b) and (c) above, close any title/s no longer
remaining and update title registers by arranging for the removal
of any reference to non-applicable title/s.
 
(7)         
that authorisation is given to the Assistant Director for Legal and
Assurance to arrange for a Deed of Release of Big Lottery Fund
administered land.