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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 22/11/2020

Subject

PROPOSED CLOSURE AND TRANSFER OF A PORTION OF ERF 17870 DURBANVILLE: ZINDRO PROPERTIES (PTY) LTD

Meeting date

Monday, November 16, 2020

Resolution

Recommend

Date closed

Wednesday, November 18, 2020

Resolution detail

RESOLVED TO RECOMMEND THAT:

a)Council resolve, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being a Portion of Erf 17870 Durbanville, situated at the corner of Jip de Jager and Tygerberg Roads, Durbanville, in extent approximately 1 149 m² and as shown hatched and lettered ABCD on Plan 951v1 (agenda page 247) (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 Erf 17870 Durbanville, in extent approximately 1 149 m² and as shown hatched and lettered ABCD on Plan 951v1 (agenda page 247) (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 portion of a Public Place, being Erf 17870 Durbanville, situated at the corner of Jip de Jager and Tygerberg Roads, Durbanville, in extent approximately 1 149 m² and as shown hatched and lettered ABCD on Plan 951v1 (Annexure “A”);
d)     That the transfer of a Portion of Erf 17870 Durbanville, in extent approximately 1 149 m² and as shown hatched and lettered ABCD on Plan 951v1 (agenda page 247) (Annexure “A”), to Zindpro Properties (Pty) Ltd, or its successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A purchase price of R350 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 October 2020, until date of registration;
 
  1. The valuation is to be reviewed if not implemented within 24 months from date of valuation, i.e. by 31 March 2022;
 
  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 statutory and land use requirements be complied with, including the closure, subdivition, rezoning of Erf 17870 Durbanville, and the consolidation of the subject portion with the applicant’s abutting property; and
 
bb)  that all costs related and incidental to the transaction be borne by the purchaser.
 
ACTION:      PIETER STRUMPHER
                        cc Gerda du Plessis

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