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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 16

Agenda item no

16SUB 12/11/2020

Subject

PROPOSED CLOSURE AND TRANSFER OF A PORTION OF PUBLIC OPEN SPACE BEING A PORTION OF ERF 373 CLIFTON SITUATED AT SECOND BEACH CLIFTON, ABUTTING ERF 376 CLIFTON: HAYLEY HERRING

Meeting date

Monday, November 16, 2020

Resolution

Approved

Date closed

Thursday, December 03, 2020

Resolution detail

RESOLVED to RECOMMEND that:
 

  1. Council resolve that, in terms of section 14 of the Local Government: Municipal Finance Management Act, Act 56 of 2003, the subject property being a portion of City land, Erf 373 Clifton, situated at Second Beach, Clifton, in extent approximately 9 m2, shown by the hatched figure lettered ABCDEF, on the attached Plan STC 3231 (Annexure “A”) is not required 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;
 
  1. 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 City land, Erf 373 Clifton, situated at Second Beach, Clifton, in extent approximately 9 m2, shown by the hatched figure lettered ABCDEF, on the attached Plan STC 3231 (Annexure “A”);
 
 
  1. 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 City land, Erf 373 Clifton, situated at Second Beach, Clifton, in extent approximately 9 m2, shown by the hatched figure lettered ABCDEF, on the attached Plan STC 3231 (Annexure “A”);
 
  1. The transfer of a portion of City land, Erf 373 Clifton, situated at Second Beach, Clifton, in extent approximately 9 m2, shown by the hatched figure lettered ABCDEF, on the attached Plan STC 3231 (Annexure “A”); to Hayley Herring, or her successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A purchase price of R170 000.00 excluding VAT be payable;
 
  1. The purchase price is to be escalated by 8% per annum compounded
                     annually on a pro-rata basis commencing from 01 August 2019 until 31
                     March 2020. The escalated purchase price will thereafter escalate at
                     5% per annum until date of registration;
 
  1. Occupational rental of R570 per month (excluding VAT) shall be
      payable as from 01 August 2019, escalating at 6% per annum until
      date of registration.
 
  1. That the market value be reassessed if the transaction is not approved
      within 24 months from date of valuation, i.e. 2021-02-01.
 
  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, inter alia the
                     following: 
 
aa) that all further statutory and land use requirements be
                           complied with;
 
                     bb) that the subject portion of Erf 373 Clifton be consolidated with the
                           purchaser’s Erf 376 Clifton;
 
                     cc) that all costs related and incidental to the transaction be borne by
                          the purchaser.

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