RECOMMENDED that,
the lease of a portion of a public street, being a portion of Unregistered State Land situated at Squire Road and Hopkirk Way, Glencairn, shown hatched and lettered ABCD on the attached Plan LT 1629v1 marked annexure A, in extent approximately 168 m², to Ann Le Roux and Leonard Moir Le Roux, owner of Erf 5053 or their successor in title, be approved subject, to inter alia the following conditions, that:
a) A tariff rental of R1130.43 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, with an option to renew for a further 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 gardening and security purposes and no structures other boundary fencing will be permitted with the lease area.
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) Any boundary fencing is to be of a non-permanent, visually permeable type and will be subject to:
i. The submission and approval of any necessary building plans in terms of the National Building Regulations, if applicable.
ii. Any fencing that does not require the submission of plans in terms of the National Building Regulations will still require the approval of the Director: Property Management.
h) .No Electricity services exist within the vicinity of the footprint but the following conditions will apply:
i. 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 include machinery onto the property and to carry out excavations.
ii. 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.
iii. No building, containers or structure shall be erected within 3 meters of the electrical services.
iv. No excavation or filling shall be carried out within the lease area without the prior written of the Director: Electricity Services via the way-leave approval/process. All excavations within 3 meters of the electrical services must be carried out under the direction of a representative of this Department. In this regard contact the Electricity Department two weeks before the commencement of work.
v. No stakes, pegs or pins shall be driven into the ground within 1 meter of any part of the electricity services.
vi. No plant or material shall be stored within 1 meter of any part of the electricity.
vii. No mechanical plant may be used within 3 meters of medium voltage or 5 meters of high voltage cable.
i) No Telkom services are known to exist within the proposed lease area but the following conditions apply:
i. 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.
ii. Telkom requires access to carry out maintenance or upgrade existing plants at all times.
j) Adherence to the requirements of the City of Cape Town’s water by-law.
k) A storm water pipe and sewer main crosses the area in question (the approximate position is shown on the attached plan LT1629v1). In this regard the following conditions will apply:
i. No excavation or filling shall be carried out within the lease area without prior written consent of Council.
ii. The Council shall have the right of access at all times for the purposes of maintaining and repairing the storm pipe and sewer main.
l) No compensation will be payable for any improvement made to the property.
