Subcouncil resolution details
Subcouncil 20
Agenda item no
20SUB 22/11/2020
Subject
PROPOSED LEASES OF PORTIONS OF PUBLIC PLACE, BEING PORTIONS OF ERF 112150, CAPE TOWN, ABUTTING ERF 112095, AND ABUTTING ERF 78491, YELLOWWOOD CRESCENT AND MYBURGH ROAD, DIEP RIVER: BRIAN GEOFFREY AND ERICA ELLA GALLOWAY, AND HAFSA DHANSAY
Meeting date
Wednesday, November 18, 2020
Resolution
,Recommend
Date closed
Friday, November 27, 2020
Resolution detail
RESOLVED TO RECOMMEND
Subcouncil 20 supports that the leases of portions of public place, being portions of Erf 112150, Cape Town, situated at Yellowwood Crescent and Myburgh Road, Diep River, shown hatched and lettered ABCDE on the attached plan LT 293v3, to Brian Geoffrey Galloway and Erica Ella Galloway, owners of Erf 112095, and Hafsa Dhansay, owner of Erf 78491, respectively, or their successors in title, in extent inter alia to the following Conditions:
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R1 096.52 per annum excluding VAT, and R548.70 per annum excluding VAT, respectively, calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
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The leases will endure for a period of ten years with an option to renew for a further ten years;
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The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
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The property be used for gardening and security purposes only;
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Subject to such further Conditions to be imposed by Director: Property Management in terms of her delegated authority;
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Subject to compliance with any other statutory requirements;
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No compensation will be payable for any improvement made to the property;
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No structures other than the existing structures will be permitted within the leased areas;
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Any alteration or deviation to electricity services necessary as a consequence of proposal, or requested by applicants will be carried out at the applicants’ cost;
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It is the responsibility of the applicants to notify Telkom immediately should the applicants locate any Telkom plant which may not be indicated on the plan;
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Telkom requires access to carry out maintenance or upgrade existing plants at all times;
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As important water services exist in the leased area, no excavation or filling must be carried out within the lease area without prior written consent of Council;
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No planting of trees is permitted over the sewer traversing the property;
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The Council has right of access at all times for the purpose of maintaining and repairing the 150 mm diameter sewer and 300 mm diameter stormwater main;
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The overland flow route of the stormwater from Yellowwood Crescent through to Myburgh Road must remain unobstructed at all times, i.e no structures, materials, filling storage etc must be placed in the leased area which will prevent the flow of stormwater in the event that the underground system becomes blocked. Any wall, including boundary walls, must be permeable for at least 300mm above the ground to allow for storm water overflow;
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For the reasons set out in the content of the report, the objection submitted by Water Services, not be upheld.