Subcouncil 20

Resolution detail

RESOLVED TO RECOMMEND Subcouncil 20 supports the recommendation that the lease of portion of public street, being a portion of Erf 2621 Constantia situated at Off Mount Prospect Drive, shown hatched and lettered ABCDE on the attached sketch WT 25447”A” marked annexure A, in extent approximately 650m², to Joan Clyde Newton, Peter Alan Cowen and Ashdon Ltd Incorporated in Isle of Man, owners of Erven 2638, 2639, and 13022, or their successors in title, be approved subject to inter alia the following Conditions that: a) A tariff rental of R2 506.09 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 ten years; c) The rental will be adjusted annually in terms of the rental tariff structure as approved by Council; d) The property be used for security purposes only and no structures other than the existing will be permitted within the lease; e) Subject to such further Conditions to be imposed by the Director: Property Management in terms of her delegated authority; f) Subject to compliance with any other statutory requirements; g) Electricity services exist within the lease area and the City of Cape Town has the right to construct and/or erect and lay such poles, stays cables, wires or appurtenances relating thereto as may be necessary, together with the right to use, inspect, maintain, repair, alter relay and/or remove all such poles, stays cables, wires or appurtenances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations; h) The City of Cape Town has the right for any employee or contractor of the City of Cape Town to enter and be upon the property at any time in the exercise of the aforesaid rights; i) No building, containers or structure shall be erected within 3m of the services; j) No excavation or filling shall be carried out within the leased area without the prior written consent of the Director: Electricity Services via way-leave approval process. All excavations within 3m of the electrical services must be carried out under the direction of a representative of the Electricity Department. In this regard, please contact the Electricity Directorate two weeks before the commencement of work; k) No stakes, pegs or pins shall be driven into the ground within 1m of any part of the electricity services; l) No plant or material shall be stored within 1m of any part of the electricity services; m) No mechanical plant may be used within 3m of medium voltage cable or 5m of high voltage cable. n) The public street may be closed at point “AE” and the existing gate must conform to the Electricity Department’s requirements and specifications, allowing 24 hour unrestricted access. This work must be carried out under the direct supervision of the Electricity Department’s staff; o) The lessee shall be responsible at all times for the maintenance and good order of the land; p) Telkom services are known to exist within the vicinity of the lease area and it is the responsibility of the applicant to notify Telkom immediately should the applicant locate any Telkom plant which might not be indicated on the plan; q) It must be made known to the applicant that Telkom requires access to carry out maintenance or upgrade existing plant at all times; r) The settlement of all outstanding accounts, if any, with the City of Cape Town. s) No compensation will be payable for any improvement made to the property. t) No land use application is required for the subject lease but no person shall construct a private crossing, bridge or culvert onto, under or across a public street; u) No person shall construct or lay a sidewalk on a public street; v) No person shall construct a veranda, stoep, wall, steps or other projection in or over a public street; w) No person shall deposit or leave any goods, articles, building materials or waste in a public street or road reserve other than for a reasonable period during the course of loading, off-loading or removing thereof, except in accordance with and after Council has given its approval. Action: Shivonn-Lee Peck