Subcouncil resolution details
Subcouncil 20
Agenda item no
20SUB 19/5/2017
Subject
PROPOSED LEASE OF PUBLIC STREET, BEING PORTION OF ERVEN 555, 865 AND 4774 CONSTANTIA, ABUTTING ERF 4616, KLAASENBOSCH DRIVE, CONSTANTIA: PENBAS FAMILY TRUST
Meeting date
Wednesday, May 17, 2017
Resolution
,Recommend
Date closed
Wednesday, June 07, 2017
Resolution detail
RESOLVED TO RECOMMEND
Subcouncil 20 recommends that the lease of public street, being portions of erven 555, 865 and 4774 Constantia situated at Klaasenbosch Drive, Constantia, shown hatched and lettered ABCD on the attached LT 1098v1 marked annexure A, in extent approximately 100 m², to Penbas Family Trust, owners of erf 4816 or their successors in title, be approved subject to inter alia the following conditions, that:
a) A tariff rental of R371,93 per annum excluding VAT of 14% where applicable, being R52.07 (in total R424) be payable.
b) The lease will endure for a period of ten years with an option to renew for a further 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 to regularise the existing encroachment only;
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) No compensation will be payable for any improvement made to the property;
h) No fencing other than the existing fencing will be permitted in the leased area;
i) Any boundary fencing must be of a non-permanent, visually permeable type, and will be subject to:
The submission and approval of any necessary building plans in terms of the National Building Regulations if applicable.
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.
j) Any structures require Council’s consent for air and underground rights;
k) Any alteration or deviation to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost;
l) Electrical infrastructure may exist in the property of in its vicinity. A wayleave must be obtained from Electricity Services Department before any excavation work may commence;
m) Adherence is required of the City of Cape Town’s Water By-law with references to Clauses 9, 10, 11, 13, 19, 24, 25, 28. Metering of water supplied. Chapter 3 and schedule 1;
n) Unrestricted access is required to lease area where water services exist.
ACTION: Wilson Baartman (Lindsay Joy Aron)