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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 3

Agenda item no

03SUB 26/10/2020

Subject

GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER OF PORTIONS OF ERVEN 9558 AND 9557 MILNERTON TO OWNER OF ADJACENT ERF 9559 MILNERTON PROPOSED CLOSURE OF A PORTION OF PUBLIC PLACE, BEING A PORTION OF ERF 9558 MILNERTON

Meeting date

Thursday, October 22, 2020

Resolution

Recommend

Date closed

Tuesday, November 03, 2020

Resolution detail

a)Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being portions of Erven 9557 and 9558 Milnerton, situated at Circle Road, in extent 1 320 m² and as shown hatched and lettered ABCDEFG on Plan TA 896v1 (Annexure “A”), is not needed to provide the minimum level of basic municipal services and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset;
b)Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portions of Erven 9557 and 9558 Milnerton, situated at Circle Road, in extent 1 320 m² and as shown hatched and lettered ABCDEFG on Plan TA 896v1 (Annexure “A”);
c)That the transfer of portions of Erven 9557 and 9558 Milnerton, in extent 1 320 m² and as shown hatched and lettered ABCDEFG on Plan TA 896v1 (Annexure “A”) to Sharp Move Trading 70 (Pty) Ltd, or their successor(s) in title, be approved subject to the following conditions:
 
  1. A purchase price of R2 115 000, excluding VAT, will be payable;
 
  1. The purchase price is to be escalated by 8% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. from 1 June 2019, until date of registration;
 
  1. The valuation is to be reviewed if not implemented within 18 months from date of valuation, i.e. by 1 December 2020;
 
  1. Occupational rent, an amount of R6 800 per month, escalating at 8% per anum with effect from 2019-06-01, be charged in lieu of rental until date of registration.
 
  1. Rates and municipal charges, if applicable, be levied; and
 
  1. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:
 
aa) That all further statutory and land use requirements be complied with;
 
bb) that all costs related and incidental to the transaction be borne by the purchaser; and
 
cc) The applicant will contribute towards the development of the remainder of Erf 9558 and a portion of Erf 9557 as a community park in accordance with the approved landscape plan attached as Annexure “B”, subject to the successful reservation of a portion of Erf 9557 for the City Parks Department, as well as the following conditions:
 
  1. The extent of upgrading by the purchaser shall be to the satisfaction of the Director: Recreation and Parks; and
 
  1. The existing ficus tree, affected by the proposed disposal, shall be protected during any construction activity and may not be removed.

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