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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 6

Agenda item no

06SUB 33/5/2019

Subject

PROPOSED LEASE OF CITY LAND, BEING A PORTION OF PUBLIC OPEN SPACE BEING ERF 25252 ABUTTING ERF 25249 BELLVILLE: UTILITAS BELLVILLE FOR GARDENING PURPOSES

Meeting date

Monday, May 20, 2019

Resolution

Noted

Date closed

Thursday, June 06, 2019

Resolution detail

Subcouncil 6 noted and recommended to the Director: Property Management the following:
 
That the proposed lease of a portion of public open space, being a portion of Remainder of Erf 25252 Bellville shown hatched and lettered ABCDEFGH on the attached plan TA 924v0, marked annexure A to the report, in extent approximately 972 m² to Utilitas Bellville the owner of remainder Erf 25249 Bellville or their successors in title be approved subject inter alia to the following conditions that; 
 
  1. A tariff of R2506.09 per annum exclusive of VAT be payable; Rates not applicable
 
  1. The lease will endure for a period of ten years;
 
  1. The rental will be adjusted annually in terms of the rental tariff structure as approved by Council;
 
  1. The property be used for gardening purposes only;
 
  1. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
 
  1. Subject to compliance with any other statutory requirements;
 
  1. All outstanding accounts with the City of Cape Town must be settled
 
  1. The said property is zoned TR2. In principle the proposed leasing of the subject property for gardening and parking purposes is supported. However, it seems that there is existing garages on the said property and there is no record of any approved plan on the subject property found. Should the garages erected without proper procedures (submission of the building plan), a building plan will be required to be approved prior the lease of the said land.
 
  1. Unrestricted 24 hour vehicular and personnel access to the area is to be maintained for the purpose of accessing and maintaining electricity services
 
  1. Any alterations to electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost.
 
  1. The thoroughfare may be enclosed on both sides and the erection of the gates must conform to the requirements and specifications and be carried out under the supervision of the Service Connection Planning Department
 
  • The applicant shall not remove any boundary wall or fence common to the leased area.
 
  1. No excavation is to take place on site without the possession of a wayleave and works permit
 
  • The lessee shall be responsible at all times for the maintenance and good order of the land
 
  • The lease may be suspended at any time should the applicant not comply with the conditions.
 
  1. On termination of the lease, the entire leased area must be reinstated at the lessee’s expense to a condition which is acceptable of the Service Connection Planning Department
 
  1. As a cable servitude exists over the property, care should be taken not to damage the cable and no building on top of servitude will be allowed.
 
  1. An existing highly sensitive cable runs over the property
 
  1. The City of Cape Town has the right to contruct 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 appurtencances aforesaid. This includes the right to bring machinery onto the property and to carry out excavations.
 
  1. No building, containers or structure shall be erected within 3m of the electrical services
 
  1. No excavation or filling shall be carried out with the leased area without the prior written consent of the Director: Electricity Services via the wayleave approval process.
 
  1.  No stakes, pegs, or pins shall be driven into the ground within 1m of any part of the electricity services.
 
  1. No plant material shall be stroed within 1m of any part of the electricity services
 
  1. No mechanical plant may be used within 3m of medium voltage cable or 5m of high voltage cable.
 
  1. Should any contraventions occur within the said radius and excavations need to be done the City of Cape Town will not be held liable for any damages to the said area.
 
  1. The applicant shall not remove any boundary wall or fence common to the lease area
 
  1. The lessee shall be responsible at all times for the maintenance and good order of the land
 
  1. The lease may be suspended at anytime should the applicant not comply with the conditions
 
                       .
FOR INFORMATION:         MELISSE VAN DER WESTHUIZEN

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