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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 18

Agenda item no

18SUB 12/5/2019

Subject

GRANTING OF IN-PRINCIPLE APPROVAL :PROPOSED TRANSFER OF PORTION OF REMAINDER ERF 3967,DOVE ROAD,PARKWOOD, TO MASJIEDUN NUR DOVE ROAD WAQAF TRUST, OWNER OF ADJACENT ERF 3920 PROPOSED CLOSURE OF A PORTION OF PUBLIC PLACE, BEING A PORTION OF REMAINDER ERF 3967, DOVE ROAD, PARKWOOD

Meeting date

Thursday, May 23, 2019

Resolution

Recommend

Date closed

Tuesday, June 04, 2019

Resolution detail

RESOLVED

 That Subcouncil 18 SUPPORTS  :

a) Council resolve that, in terms of section 14 of the Local Government   Municipal Finance Management Act 56 of 2003, that the subject property, being a portion of remainder Erf 3967 situated off Dove Road, Parkwood,    in extent approximately 2 220 m² as shown lettered ABCDEFGH on Plan LIS2104 (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 remainder Erf 3967 situated off Dove Road, Parkwood in extent approximately 2 220 m² as shown lettered ABCDEFGH on Plan LIS2104 (Annexure “A”);
 
c)    Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of the subject property, being a Portion of remainder Erf 3967, in extent approximately 2 220 m² as shown lettered ABCDEFG on Plan LIS2104 (Annexure “A”); 
 
       d)  That the transfer of a Portion of reminder Erf 3967 in extent approximately 2 220 m² as shown lettered ABCDEFGH on Plan LIS2104 (Annexure “A”) to Masjiedun Nur Dove Road Waqaf Trust, or his/her/their successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A discounted purchase price of R207 500 excluding VAT be payable.
 
  1. 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 1/10/2019, until date of registration;
 
  1. The valuation is to be reviewed if not implemented within 18 months from date of valuation, i.e. by 01/10/2020;
 
  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 all further statutory and land use requirements be complied with;
 
bb)   that the subject portion of remainder Erf 3967 be consolidated/ notarial tied with the purchaser’s Erf 3920;
 
cc)       a suitable reversionary clause being registered against the title deed of the property limiting its use to Community/ Social use;
 
dd)      The current lease agreement be terminated on date of registration; 
 
ee)      that all costs related and incidental to the transaction be borne by the purchaser.
 
e)    It be confirmed that, when considering the alienation of the land at less than market value, as provided for in terms of Clause 15.3 of Council’s Policy on the Management of Certain of the City of Cape Town’s Immovable Property, the contents of Regulation 13(2) of the MATR has been duly taken into consideration.
                       
ACTION : MS A ABRAHAMS : PROPERTY MANAGEMENT

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