Subcouncil 15

Resolution detail

Not Delegated: For Decision: The Director: Property Management
It was RESOLVED to RECOMMEND that in respect of the transfer of portions of erven 10073 and 10074 Milnerton that:

1. Council resolve in terms of Regulation 20(1)(f)(i) of the Municipal Asset Transfer Regulations that portions of erven 10073 and 10074 Milnerton, shown lettered JKLMNP on plan TA 261v1 marked annexure A, attached to the report, are not required for the provision of any minimum level of basic municipal services and is surplus to the requirements of the Municipality.
2. In terms of the provisions of section 4 of the Immovable Property By-Law promulgated 11 December 2015, that portions of public streets, being portions of erven 10073 and 10074 shown lettered JKLMNP on plan TA 261v1 marked annexure A, attached to the report, be officially closed.
3. The transfer of portions of erven 10073 and 10074 Milnerton shown lettered JKLMNP on plan TA 261v1 marked annexure A, attached to the report, in extent approximately 761 m², to the Government Employees Pension Fund, or their successor(s) in title, be approved, subject inter alia to the following conditions, that:

1. A market-related purchase price of R3 425 000, excluding VAT, be payable;
2. The purchase price is to be adjusted by 8% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. from 1 November 2018, until date of registration;
3. The valuation is to be reviewed if not approved by the delegated authority within 18 months from date of valuation, i.e. by 1 April 2020;
4. Rates and municipal charges, if applicable, be levied;
5. Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following:

1. that all further statutory and land use       requirements be complied with;
2. that the newly created erf, being   portions          of         erven 10073 and           10074             Milnerton, be             notarial           tied with         the purchaser’s erf 14428           Milnerton;
3. that all costs related and incidental to      the      transaction be borne by the      purchaser.

4. In terms of Regulation 41(2)(e) of the Municipal Asset Transfer Regulations, the lease of portions of public street, being portions of remainder erf 3 and remainder erf 18004 Milnerton shown hatched and lettered ABCD and EFGH on the sketch TA 261v1 marked annexure A, attached to report, in the extent approximately 122 m² and 24 m² respectively, to the Government Employees Pension Fund, owner of erf 14428 Milnerton, or their successor(s) in title, be approved subject to inter alia the following conditions, that:

1. A market rental of R1 840 per month, excluding VAT, be payable;
2. The rental will escalate at 8% per annum compounded annually on a pro rata basis, commencing 2 months from the date of valuation, i.e. from 1 January 2019;
3. The lease will endure for a period of ten years;
4. The subject portions of property be used for access purposes only;
5. Subject to further conditions to be imposed by the Director: Property Management in terms of her delegated authority;
6. Subject to compliance with any other statutory requirements;
7. No compensation will be payable for any improvement made to the property.