RESOLVED unanimously by Subcouncil 2 that
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Council resolve in terms of regulation 20(1)(f)(i) of the Municipal Asset Transfer Regulations that a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², is not required for the provision of any minimum level of basic municipal services and is surplus to the requirements of the Municipality.
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In terms of the provisions of section 4 of the Immovable Property By-law promulgated on 11 December 2015, a portion of public place, being a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², be officially closed.
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That the transfer of a portion of Erf 9831 Kraaifontein, shown lettered ABCDEFGH on the attached plan 130007892v1, marked Annexure A, and in extent approximately 9 920 m², to the Western Cape Department of Transport and Public Works, or its successor(s) in title, be approved, subject inter alia to the following conditions, that:
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A discounted purchase price of R4 682 500, excluding VAT, be payable, which amount is 25% of the full market value of R18 730 000;
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The purchase price is to be adjusted by 5% per annum compounded annually on a pro rata basis, commencing 6 months after the date of valuation, i.e. from 1 April 2023, until the date of registration;
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The valuation is to be reassessed if not approved by the delegated decision making authority of Council within 36 months from date of valuation, i.e. by 30 September 2025;
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Rates and municipal charges, if applicable, be levied;
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Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:
aa) That the land only be utilized for health care and ancillary use purposes under jurisdiction of the Western Cape
Health Department, and the transfer of the land be subject to a suitable reversionary clause in order to enforce
compliance;
bb) That all further statutory and land use requirements be complied with; including the exclusion of the existing electrical
substation from the area to be transfer; and
cc) That all costs related and incidental to the transaction be borne by the purchaser.
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That prior occupation be granted to the Western Cape Department of Health, without payment of occupational rent, and subject to a prior occupation agreement being concluded with the City and;
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It be confirmed that, when considering the alienation of the land at less than market value, the contents of Reg 20(1) (f)(ii) of the MATR has been duly taken into consideration.
ACTION: PIETER STRUMPHER |
