Subcouncil 7

Resolution detail

RESOLVED TO RECOMMEND It is recommended that: a) Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being a portion of Remainder Erf 2396 Durbanville, situated off Franschhoek Road, Durbanville Hills, in extent approximately 236 m² as shown cross-hatched and lettered ABCDE on Plan TA 702v0 (Annexure “A” reflected on agenda page 457), 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 a portion of Remainder Erf 2396 Durbanville, in extent approximately 236 m² as shown cross-hatched and lettered ABCDE on Plan TA 702v0 (Annexure “A” ” reflected on agenda page 457); 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 a portion of a Public Place, being a Portion of Remainder Erf 2396 Durbanville, in extent approximately 236 m² as shown cross-hatched and lettered ABCDE on Plan TA 702v0 (Annexure “A” ” reflected on agenda page 457); d) The transfer of a Portion of Remainder Erf 2396 Durbanville, in extent approximately 236 m² as shown cross-hatched and lettered ABCDE on Plan TA 702v0 (Annexure “A” ” reflected on agenda page 457) to Richard John Moorhouse, or his successor(s) in title, be approved, subject to the following conditions, that: i) A purchase price of R150 000, excluding VAT, be payable; ii) The purchase price is to be escalated by 8% per annum compounded annually on a pro-rata basis, commencing 6 months from date of valuation, i.e. from 1 December 2018, until date of registration; iii) The valuation is to be reviewed if not implemented within 18 months from date of valuation, i.e. by 1 December 2019; iv) Rates and municipal charges, if applicable, be levied; and v) 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 portion of Erf 2396 Durbanville be consolidated with the purchaser’s Erf 1940 Durbanville; cc) that a service servitude be registered over the underground municipal services traversing a portion of the subject property; and dd) that all costs related and incidental to the transaction be borne by the purchaser. ACTION: PIETER STRüMPHER