Subcouncil resolution details
Subcouncil 16
Agenda item no
16SUB 17/9/2021
Subject
PROPOSED CLOSURE AND TRANSFER OF A PORTION OF PUBLIC STREET, ERF 1658 ORANJEZICHT, TO OWNER OF ADJACENT ERF 3284 ORANJEZICHT: SUSANNAH B. CLARKE-VON WITT
Meeting date
Monday, September 20, 2021
Resolution
Approved
Date closed
Friday, October 15, 2021
Resolution detail
RESOLVED to RECOMMEND that:
a)Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being a portion of Public Street, Erf 1658 Oranjezicht, situated at the corner of Kloofnek and Derwent Roads, Oranjezicht, in extent approximately 13 m² as shown cross-hatched and lettered ABC on plan 13008570 (Annexure A) attached to the report, 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 Public Street, Erf 1658 Oranjezicht, situated at the corner of Kloofnek and Derwent Roads, Oranjezicht, in extent approximately 13 m² as shown cross-hatched and lettered ABC on plan 13008570 (Annexure A) attached to the report;
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 Public Street, Erf 1658 Oranjezicht, situated at the corner of Kloofnek and Derwent Roads, Oranjezicht, in extent approximately 13 m² as shown cross-hatched and lettered ABC on plan 13008570 (Annexure A) attached to the report;
d)The transfer of a portion of Erf 1658 Oranjezicht, in extent approximately 13 m² as shown cross-hatched and lettered ABC on plan 13008570 (Annexure A) attached to the report to Susannah B. Clarke-Von Witt or her successor(s) in title, BE APPROVED, subject to the following conditions, that:
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A purchase price of R65 000, excluding VAT, be payable;
ii) The purchase price shall escalate at 5% per annum compounded annually on a pro rata basis commencing 6 months from date of valuation, i.e. from 1 May 2021, until date of transfer;
iii) The valuation is to be reviewed if not approved by the delegated authority within 24 months from date of valuation, i.e. by 31 October 2022;
iv) Rates and municipal charges, if applicable, be levied;
v) 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 Erf 1658 Oranjezicht be consolidated with the purchaser’s Erf 3284 Oranjezicht;
cc) that a service servitude be registered over any underground municipal services traversing the subject property;
dd) that all costs related and incidental to the transaction be borne by the purchaser