Subcouncil resolution details
Subcouncil 2
Agenda item no
02SUB 24/7/2020
Subject
GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER OF PORTIONS OF ERVEN 19789 AND 19790 KRAAIFONTEIN
PROPOSED CLOSURE OF A PORTION OF PUBLIC PLACE, BEING A PORTION OF ERF 19789 KRAAIFONTEIN
Meeting date
Wednesday, July 22, 2020
Resolution
Recommend
Date closed
Thursday, September 03, 2020
Resolution detail
It is recommended that:
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Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, that the subject property, being portions of Erven 19789 and 19790 Kraaifontein, situated off Vundisa Crescent, Bloekombos, in extent approximately 687m2 as shown hatched and lettered ABCD on Plan TA 1004v0 (Annexure “A”), 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 of the asset;
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Council grants in-principle approval in terms of regulation 5(10(b)(ii) of the Municipal Asset Transfer Regulations of the transfer of portions of Erven 198789 and 19790 Kraaifontein, situated off Vundisa Crescent, Bloekombos, in extent approximately 678 m2 as shown hatched and lettered ABCD on Plan TA 1004v0 9Annexure “A”);
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Council in terms of section 4 of the City of Cape Town Immovable Property By-Law, 2015, approve the closure of a portion of a Public Place, being a Portion of Erf 19789 Kraaifontein;
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That the transfer of Portions of Erven 198789 and 19790 Kraaifontein, in extent approximately 678m2 as shown hatched in lettered ABCD on Plan TA 1004v0 (Annexure “A”) to Father Masango’s St Joh’s Apostolic Faith Mission, or their successor (s) in title, be approved, subject to the following conditions, that:
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A purchase price of R35 500 excluding VAT be payable;
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The purchase price is to be escalated by 8% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. from 2019-03-01 until date of registration;
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The valuation is to be reviewed if not implemented within 18 months from date of valuation, i.e. by 2020-08-01;
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Rates and municipal charges, if applicable, be levied;
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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) the sale of the consolidated property is to be subjected to a suitable revisionary clause limiting its use to a Community 1 Zoning and utilization, which restriction is to be registered against the title of the subject property;
cc) that all costs related and incidental to the transaction be borne
by the purchaser;
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It be confirmed that, when considering the alienation of the land at less than market value, as provided for in terms of Clause 15.3 of Council’s Policy on the Management of Certain of the City of Cape Town’s Immovable Property, the contents of Regulation 13(2) of the MATR has been duly taken into consideration.
Additional Comment:
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That application submitted by the church BE SUPPORTED as is, as it is against Recreation and Parks policy to work on smaller communities’ parks and rather develop a bigger district park on the available land.;
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That the Property Department motivates that the church in terms of its existing structures of women empowerment and other church activities overwrite the decision of the Recreation and Parks department and that the decision be made on the initially application.
ACTION: PIETER STRUMPHER
INFORMATION: AMELIA VAN RHYN