Subcouncil resolution details

Subcouncil 21

Agenda item no

21SUB 20/6/2022

Subject

PROPOSED TRANSFER OF PORTIONS OF PUBLIC PLACES, PORTIONS OF ERVEN 720 FIRGROVE AND 1063 MACASSAR: ANNENPROP 5 (PTY) LTD PROPOSED CLOSURE OF PORTIONS OF PUBLIC PLACES, PORTIONS OF ERVEN 720 FIRGROVE AND 1063 MACASSAR

Meeting date

Wednesday, June 22, 2022

Resolution

Recommend

Date closed

Wednesday, June 29, 2022

Resolution detail

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 portions of erven 720 Firgrove and 1063 Macassar, situated off Macassar Road, Firgrove/Macassar, in extent approximately 1 586 m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130008661 (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 portions of erven 720 Firgrove and 1063 Macassar, situated off Macassar Road, Firgrove/Macassar, in extent approximately 1 586 m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130008661 (Annexure A); PTMS076 SC report_v18 ANNENPROP 5 (PTY) LTD Page 4 of 20

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 portions of erven 720 Firgrove and 1063 Macassar, situated off Macassar Road, Firgrove/Macassar, in extent approximately 1 586 m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130008661 (Annexure A);

d)     The transfer of portions of erven 720 Firgrove and 1063 Macassar, situated off Macassar Road, Firgrove/Macassar, in extent approximately 1 586 m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130008661 (Annexure A) to Annenprop 5 (Pty)Ltd or its successor(s) in title, be approved, subject to the following conditions, that:

A purchase price of R400 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 from date of valuation, i.e. from 1 October 2022, until date of registration;

iii)       The valuation is to be reviewed if not implemented by the relevant decision making authority of the Council within 36 months from date of valuation, i.e. by 31 March 2025;

iv)       The necessary servitude(s) are to be registered against the title deed to protect the stream crossing the subject property;

v)       Rates and municipal charges, if applicable, be levied;

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

Action: Anneke Klue / Donavon Geysman