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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 33/2/2019

Subject

GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER OF PORTIONS OF ERVEN 3858 AND 3859 EVERSDALE PROPOSED CLOSURE OF PORTIONS OF PUBLIC PLACES, BEING PORTIONS OF ERVEN 3858 AND 3859 EVERSDALE

Meeting date

Monday, February 18, 2019

Resolution

Recommend

Date closed

Monday, February 25, 2019

Resolution details

RECOMMENDED THATa) Council resolves 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 3858 and 3859 Eversdale, situated off Richelieu Street, Eversdale, in extent approximately 451 m² as shown cross-hatched and lettered ABCDEF on Plan TA 795v1 (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 grant in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portions of Erven 3858 and 3859 Eversdale, situated off Richelieu Street, Eversdale, in extent approximately 451 m² as shown cross-hatched and lettered ABCDEF on Plan TA 795v1 (Annexure “A”);c) Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of portions of the subject public places, being portions of Erven 3858 and 3859 Eversdale, situated off Richelieu Street, Eversdale, in extent approximately 451 m² as shown cross-hatched and lettered ABCDEF on Plan TA 795v1 (Annexure “A”)d) That the transfer of portions of Erven 3858 and 3859 Eversdale, in extent approximately 451 m² as shown cross-hatched and lettered ABCDEF on Plan TA 795v1 (Annexure “A”) to Nxanxaru Trust, or its successor(s) in title, be approved, subject to the following conditions, that:i) A purchase price of R300 000, excluding VAT, be payable;ii) The purchase price is to be escalated by 8% per annum compounded annually on a pro-rata basis, commencing 6 months from date of valuation, i.e. from 1 February 2019, until date of registration;iii) The valuation is to be reviewed if approved by the delegated authority within 18 months from date of valuation, i.e. by 1 February 2020;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 portions of Erven 3858 and 3859 Eversdale be consolidated with the purchaser’s Erf 4234 Eversdale;cc) that service servitudes be registered over the underground municipal services traversing the subject property; dd) that the current lease agreement be terminated on the date of registration; andee) that all costs related and incidental to the transaction be borne by the purchaser.ACTION: PIETER STRUMPHER

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