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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 19

Agenda item no

19SUB 13/2/2019

Subject

PROPOSED IN PRINCIPLE TRANSFER OF CITY LAND,BEING A PORTION OF ERF 12835 FISHOEK, A PORTION OF ERF 11772 FISHOEK AND A PORTION OF ERF 7000 FISHOEK,OFF BANKS ROAD: HASPATEL INVESTMENTS(PTY)LTD PROPOSED CLOSURE OF PUBLC ROADS, BEING A PORTION OF ERF 11772 FISHOEK AND A PORTION OF ERF 7000 FISHOEK. PROPOSED ACQUISITION IN FAVOUR OF THE CITY FROM HASPATEL INVESTMENTS(PTY)LTD OF ERF 16989 FISHOEK,IN EXCHANGE FOR THE LAND IN AFOREMENTIONED TRANSFER.

Meeting date

Monday, February 18, 2019

Resolution

Recommend

Date closed

Monday, May 06, 2019

Resolution details

RECOMMENDED that,a) The objections not be upheld.b) Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management, Act 56 of 2003, that the subject properties, being a portion of erf 12835 Fish Hoek and a portion of erf 11772 Fish Hoek in combined extent 408 m² as shown cross-hatched and lettered CDEF on Plan LT1550v0 and a portion of erf 7000 Fish Hoek, in extent 732 m², as shown stippled and lettered DGHJ on Plan LT1550v0, off Banks Road (Annexure “A”), are not needed to provide the minimum level of basic municipal services and has considered the fair market value of the assets and the economic and community value to be received in exchange for the assets;c) Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of a portion of erf 12835 Fish Hoek and a portion of erf 11772 Fish Hoek in combined extent 408 m² as shown cross-hatched and lettered CDEF on Plan LT1550v0 and a portion of erf 7000 Fish Hoek, in extent 732 m², as shown stippled and lettered DGHJ on Plan LT1550v0, off Banks Road (Annexure “A”);d) Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a portion of erven 11772 and a portion of erf 7000 Fish Hoek, being portions of Public Roads; e)That the transfer of a portion of erf 12835 Fish Hoek and a portion of erf 11772 Fish Hoek in combined extent 408 m² as shown cross-hatched and lettered CDEF on Plan LT1550v0 and a portion of erf 7000 Fish Hoek, in extent 732 m², as shown stippled and lettered DGHJ on Plan LT1550v0, off Banks Road (Annexure “A”), to Haspatel Investments (Pty) Ltd or their successors in title, be approved, subject to the following conditions, that:i) A purchase price of R1 400 000 excluding VAT of 15%, being R210 000 (in total R1 610 000), be payable;ii)The sales/purchase price shall escalate by 8% per annum compounded annually on a pro-rata basis, commencing six months after date of valuation, (i.e. from 2018-11-01), until date of registration;iii)This valuation is to be reviewed if not implemented within 18 months from date of valuation (i.e. as from 2019-11-01);iv)Rates and municipal charges, if applicable, be levied;v)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 the subject properties are to be consolidated with the purchaser’s Erven 12834 and 12836 Fish Hoek;cc)that all costs related and incidental to the transaction be borne by the purchaser;dd) No electrical services are shown to exist within the vicinity and the following conditions are to apply:•Any alterations or deviations to the electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s costs;ee)No Telkom services are shown to exist within the vicinity but the following conditions will apply: • It is the responsibility of the Applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan;•Applicant shall be held responsible for any costs involved in the deviation or removal of any existing Telkom plant due to the development of the property; •It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plants at all times.f)Council approve the acquisition in favour of the City, from Haspatel Investments (Pty) Ltd or their successors in title, of erf 16989 Fish Hoek, in exchange for the land in aforementioned transfer for the sum of R55 000 plus 10% for solatium totaling R61 000, excluding VAT of 15% being R9 150 (in total R70 150), at the costs of the applicants, which property is shown hatched and lettered ABC on Plan LT 1550v0 (Annexure “A”), in exchange for the properties in the abovementioned transfer.

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