Subcouncil resolution details

Subcouncil 24

Agenda item no

24SUB 14/6/2020 SM

Subject

GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER OF PORTIONS OF ERF 1892 SOMERSET WEST TO OWNERS OF ADJACENT PROPERTIES: WIKUS VALENTE AND KARL JANSON PROPOSED CLOSURE OF PORTIONS OF PUBLIC PLACE, BEING PORTIONS OF ERF 1892 SOMERSET WEST

Meeting date

Wednesday, June 17, 2020

Resolution

Approved

Date closed

Friday, June 26, 2020

Resolution detail

RESOLVED

Subcouncil 24 supports the recommendation and has no objections.

It is recommended that:

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 Erf 1892 Somerset West, situated at Prospect Avenue, Somerset West, in extent approximately 260 m² as shown cross-hatched and lettered ABCDE on Plan ET 655 and Plan ET 719 (Annexures A and B), 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;

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 Erf 1892 Somerset West, situated at Prospect Avenue, Somerset West, in extent approximately 260 m² and 265 m² as shown cross-hatched and lettered ABCDE on Plan ET 655 and Plan ET 719 (Annexures A and B);

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 Erf 1892 Somerset West, situated at Prospect Avenue, Somerset West, in extent approximately 260 m2 and 265 m2 as shown cross-hatched and lettered ABCDE on Plan ET 655 and Plan ET 719 (Annexures A and B);
That the transfer of portions of Erf 1892 Somerset West, in extent approximately 260 m2 and 265 m2 as shown cross-hatched and lettered ABCDE on Plan ET 655 and Plan ET 719 (Annexures A and B) to Wikus Valente as owner of abutting erf 13818 and Karl Janson as owner of abutting erf 13817, or their successors(s) in title, be APPROVED, subject to the following conditions, that:

A purchase price of R220 000,00 per portion excluding VAT, be payable;
The purchase prices are 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 August 2018, until date of registration;
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;
Occupation rental in the amount of R1 100 per month, escalating at 8% per annum effective from 1 August 2018 be charged from Mr. Valente and Mr. Janson respectively in lieu of rental until the date of registration;
Rates and municipal charges, if applicable, be levied;
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 Erf 1892 Somerset West be consolidated with the
.        purchases Erf 13818 and 13817 Somerset West;

cc)     that service servitudes be registered over the underground municipal services
          traversing the subject property;

dd)     that all costs related and incidental to the transaction be borne by the purchaser.

ACTION: JEFFREY T STAMPU