Subcouncil 3

Resolution detail

It is recommended 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 Remainder Erf 2972 Montague Gardens, situated at Corner of School Road and Regis Green Road, Summer Greens in extent approximately 146 m² as shown hatched and lettered ABCDEFGH on plan TA 1219v1 attached as Annexure A, 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 Remainder Erf 2972, situated at Corner of School Road and Regis Green Road, Summer Greens, in extent approximately 146 m² as shown hatched and lettered ABCDEFGH on plan TA 1219v1, attached as Annexure A;

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 a Public Road, being a portion of Remainder Erf 2972, in extent approximately 146 m² as shown hatched and lettered ABCDEFGH on plan TA 1219v1,attached as Annexure A; and

d)The transfer of a portion of Remainder Erf 2972 Montague Gardens, in extent approximately 146 m² as shown hatched and lettered ABCDEFGH on plan TA 1219v1, attached as Annexure A to Dumisani Livingstone Ximbi, or his successor(s) in title, be approved, subject to the following conditions, that:

 

1. A purchase price of R 125 000.00 excluding VAT be payable;

 

2. The purchase price is to be escalated by 5% per annum compounded annually on a pro-rata basis, commencing 6 months after date of valuation, i.e. from 1 December 2021, until date of registration;

 

3. The valuation is to be reviewed if not implemented within 36 months from date of valuation, i.e. by 31 May 2024;

 

4. Rates and municipal charges, if applicable, be levied;

 

5. 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, including the consolidation of the subject property with the applicant’s Erf 3075 Montague Gardens;
 
bb)    that no additional vehicular access from Regis Green Street onto the consolidated property be allowed; and
 
cc)      that all costs related or incidental to the transaction be borne by the purchaser.