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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 20/4/2023

Subject

PROPOSED TRANSFER OF CAPE FARM NO 54 KLIPHEUWEL TO OWNER OF ADJACENT REMAINDER CAPE FARM NO 52 AND CAPE FARM NO 53: JH BLANCKENBERG (PTY) LTD

Meeting date

Wednesday, April 19, 2023

Resolution

Recommend

Date closed

Monday, April 24, 2023

Resolution detail

RESOLVED TO RECOMMEND
a)That Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being Cape Farm 54 Klipheuwel situated off Klipheuwel Road, in extent 63.6 ha, and as shown cross-hatched and lettered ABCDEFGH on plan 130009199 (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 a portion of Cape Farm 54 Klipheuwel situated off Klipheuwel Road, in extent 63.6 ha, and as shown cross-hatched and lettered ABCDEFGH on plan 130009199 (Annexure “A”);
 
c)The transfer of Cape Farm 54 Klipheuwel, in extent 63.6 ha, and as shown cross-hatched and lettered ABCDEFGH on plan 130009199 (Annexure “A”) to JH Blanckenberg (Pty) Ltd or its successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A purchase price of R640 000, excluding VAT, be payable;
 
  1. The purchase price is to be escalated by 5% per annum compounded annually on a pro-rata basis, commencing 6 months from date of valuation, i.e. from 1 May 2023, until date of registration;
 
  1. The valuation is to be reviewed if not approved by the delegated authority of Council within 36 months from date of valuation, i.e. by 31 October 2025;
 
  1. Rates and municipal charges, if applicable, be levied;
 
  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 Cape Farm No 54 (CA 54-0) retain its current zoning of Agricultural Use, and that such use be enforced by means of a restrictive title condition;
 
bb)    that the subject CA 54-0 be notarial tied with the purchaser’s Remainder CA 52-0 and/or CA 53-0 Klipheuwel;
 
cc)    that the protection of the biodiversity area, as depicted in the memo from the City’s Environmental Management Department, Annexure B, be complied with;
 
dd)    that all costs related and incidental to the transaction be borne by the purchaser.
                    .
Action:          PIETER STRUMPHER
 

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