Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 19/9/2021

Subject

PROPOSED LEASE OF PORTIONS OF CITY OWNED PROPERTY (PUBLIC STREET AND PUBLIC PLACE), BEING PORTIONS OF ERVEN 17571 AND 18126 KRAAIFONTEIN, SITUATED AT SAN MARINO CLOSE, UITZICHT, KRAAIFONTEIN: CORNELIUS JOHANNES BRITS AND HELENA SUSANNA BRITS

Meeting date

Monday, September 20, 2021

Resolution

Recommend

Date closed

Thursday, September 23, 2021

Resolution detail

RESOLVED TO RECOMMEND

That the lease of portions of Public Street and Public Place, being portions of Remainder of Erf 17571 and Erf 18126 Kraaifontein, situated at San Marino Close, Uitzicht, Kraaifontein, as shown hatched and lettered ABCD on plan TA 1227v1 marked annexure A, in extent approximately 390 m², to Cornelius Johannes Brits and Helena Susanna Brits, owners of the adjacent Erf 17273 Kraaifontein, or their successors-in-title, BE APPROVED subject, to inter alia the following conditions, that:

A tariff rental of R2 261,74 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;

The lease will endure for a period of 10 years;

The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;

The property be used for garden and security purposes only;

Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority;

Subject to compliance with any other statutory requirements;

g)   No compensation will be payable for any improvement made to the property;

h)   The City of Cape Town has the right to construct and/or erect and lay such poles, stays, cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter, relay and/or remove all such poles, stays, cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations;

    i)    The City of Cape Town has the right for any employee or servant or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights;

          j)    No building, containers or structure shall be erected within 3 m of the electrical services;

          k)   No excavation or filling shall be carried out within the leased area without    the prior written consent of the Director: Electricity Services via the     wayleave approval\process. All excavations within 3 m of the electrical    services must be carried out under the direction of a representative of this Department;

l) No stakes, pegs or pins shall be driven into the ground within 1 m of any part of the electricity services;

        m) No plant or material shall be stored within 1 m of any part of the electricity  services;

        n)   No mechanical plant may be used within 3 m of medium voltage cable or 5 m of high voltage cable;

        o)   The lessee shall be responsible at all times for the maintenance and good  order of the land;

        p)   On termination of the lease, the entire leased area must be reinstated at   the Lessee’s expense to a condition acceptable to the City of Cape Town;

        q)   The applicant continues to provide access across the subject property to   the green belt situated on Erf 18126 Kraaifontein.

2. That the objection received from D Jennings, attached hereto as Annexure B, not   be upheld.

Action: GERDA DU PLESSIS