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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 21/5/2022

Subject

PROPOSED LEASE OF PORTIONS OF CITY OWNED PROPERTIES (PUBLIC STREET, PUBLIC PLACE AND COMMUNITY) BEING PORTIONS OF THE REMAINDER OF ERF 455 AND ERVEN 1980, 1971 AND REMAINDER ERF 1970 DURBANVILLE, BOUNDED BY AANDBLOM WAY, CHURCH STREET AND DURBANVILLE AVENUE, DURBANVILLE: WESTERN CAPE EDUCATION DEPARTMENT (WCED) - DURBANVILLE PRIMARY SCHOOL

Meeting date

Wednesday, May 18, 2022

Resolution

Recommend

Date closed

Resolution detail

RESOLVED TO RECOMMEND
                       .
  1. That the lease of portion of City owned properties, being portion Erven 1980 and 1971 and Rem of Erf 1970 Durbanville, bounded by Aandblom Way, Church Street and Durbanville Avenue, Durbanville, as shown hatched and lettered ABCDEF and GHJKLMNPQR on Plan TA 1102v0 and marked Annexure A, in extent approximately 5 588m² and 1,4 ha respectively, to the Western Cape Education Department on behalf of Durbanville Primary School, owners of the adjacent Erven 4359, 1876 and 16782 Durbanville or its successor-in-title, be approved subject, to inter alia the following conditions, that:
 
a)  A tariff rental of R3 391,30 per annum excluding VAT calculated at the rate applicable at the time of transaction be payable. Rates not applicable;
 
b) The lease will endure for a period of 10 years, the rental to be reviewed after 5 years;
 
c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
 
d)  The property to be use for sport field and informal parking purposes only;
 
e)   Subject to such further conditions imposed by the Director: Property Management in terms of her delegated authority;
 
f)    Subject to compliance with any other statutory requirements;
 
g)  No compensation will be payable for any improvement made to the    property;
 
h)  No structures may be erected on the property;
 
  1. Access to the subject property by the general public, other than at times when it is being used by the school for sport purposes, shall not be restricted in any way.
 
  1. Access to the properties will have to be obtained through Erf 16782 (Durbanville Primary School) as no direct access to Church Street or Race Course Road will be allowed.
 
  1. The lease of portions of City owned properties, being portions of Remainder Erf 455 Durbanville, bounded by Aandblom Way, Church Street and Durbanville Avenue, Durbanville, as shown hatched and lettered ABCD and EFGHJK on the Sketch Plan and marked Annexure B, in extent approximately 1194 m² and 7884 m² respectively, to the Western Cape Education Department on behalf of Durbanville Primary School, owner of the adjacent Erven 4359, 1876 and 16782 Durbanville, or its successors-in-title, for the reasons set out in paragraph below, not be approved.
 
Reason for non-support (refer item 6.2 reflected on pages 279, 280 and 281 on the agenda)
 
The property is public land, zoned for public road and public parking and effectively utilized for public parking.
 
 
FURTHER RESOLVED
 
  1. That the Departments of Urban Mobility and Recreation & Parks BE REQUESTED to commence with the  process to convert the area
(remainder Erf 455)  into a formalized public parking area through the necessary planning and budget provision which would include the removal of damaged trees, hard surfacing, demarcation of bays, formalized access, etc.
                .
Action:         GERDA DU PLESSIS
                    WILLEM MYBURGH / SEAN GLASS ( 3)

Click on the section below to view the resolution details history.

Meeting date: 22/06/2022

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