Subcouncil resolution details

Subcouncil 21

Agenda item no

21SUB 30/8/2022

Subject

PROPOSED TRANSFER OF PUBLIC STREET ERF 711, PUBLIC PLACE ERF 755 AND A PORTION OF ERF 793 RUSTDAL: SCHWARTZ FAMILY TRUST PROPOSED CLOSURE OF PUBLIC STREET ERF 711 AND PUBLIC PLACE ERF 755 RUSTDAL

Meeting date

Wednesday, August 24, 2022

Resolution

Recommend

Date closed

Friday, September 02, 2022

Resolution detail

RESOLVED

Subcouncil 21 supports the recommendation:

It is recommended that:

Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being a public street erf 711, public place erf 755 and a portion of erf 793 Rustdal, situated off Hawthorne Way, Rustdal, in extent approximately 1 473 m² as shown cross-hatched and lettered ABCDEFG on plan 130008279 (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;

Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of a public street erf 711, public place erf 755 and a portion of erf 793 Rustdal, situated off Hawthorne Way, Rustdal, in extent approximately 1 473 m² as shown as shown cross-hatched and lettered ABCDEFG on plan 130008279 (Annexure A);

Council, in terms of section 4 of the City of Cape Town Immovable Property Bylaw, 2015, approve the closure of the public place and street, being erven 711 and 755 Rustdal, in extent approximately 951 m² as shown cross-hatched and lettered ABCD on plan 130008279 (Annexure A);

The transfer of a public street erf 711, public place erf 755 and portion of erf 793 Rustdal, situated off Hawthorne Way, Rustdal, in extent approximately 1 473 m² as shown cross-hatched and lettered ABCDEFG on plan 130008279 (Annexure A); to the Schwartz Family Trust or its successor(s) in title, be approved, subject to the following conditions, that:

A purchase price of R1 800 000 excluding VAT be payable;

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. as from 1 April 2022, until date of registration;

The market value is to be reassessed if the transaction is not approved by the relevant decision making authority of Council within 36 months from date of valuation, i.e. it must be approved by 30 September 2024;

The necessary servitude(s) are to be registered against the title deed to protect the services crossing a portion of erf 793 Rustdal;

Rates and municipal charges, if applicable, be levied;

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 properties be consolidated / notarial tied with the
          purchaser’s erf 703 Rustdal;

cc)      that all costs related and incidental to the transaction be borne by
           the purchaser.

Action: Anneke Klue / Janine Cornelius