Subcouncil resolution details
Subcouncil 16
Agenda item no
16SUB 11/9/2020
Subject
PROPOSED CLOSURE AND IN-PRINCIPAL APPROVAL FOR TRANSFER OF A PORTION OF ERF 652 HOUT BAY, BEING PUBLIC STREET, SITUATED AT MILNER AVENUE, HOUT BAY: RICHARD ANDREW HUMAN AND JANE ALISON HUMAN
Meeting date
Monday, September 21, 2020
Resolution
Approved
Date closed
Wednesday, September 30, 2020
Resolution detail
RESOLVED to RECOMMEND that:
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Council resolve that, in terms of section 14 of the Local Government: Municipal Finance Management Act, Act 56 of 2003, a portion of erf 652 Hout Bay being a portion of public street, situated at Milner Avenue Hout Bay in extent approximately 2 m² as shown lettered ABCD on Plan LT 1582v0 (Annexure “A”) attached to the report, not be required 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 approve the granting of in-principle approval in terms of regulation 5(1)(b)(ii) of the Municpal Asset Transfer Regulations for the transfer of a portion of Erf 652 Hout Bay being a portion of a public street, situated at Milner Avenue, Hout Bay, in extent approximately 2 m², as shown lettered ABCD on Plan LT 1582v0 (Annexure “A”) attached to the report;
(c) Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a portion of Erf 652 Hout Bay, being a portion of public street, situated at Milner Avenue, Hout Bay, in extent approximately 2 m² as shown hatched lettered ABCD on plan LT 1582v0, attached as annexure A attached to the report;
(d) That the transfer of a portion of Erf 652 Hout Bay being a portion of a public street, situated at Milner Avenue, Hout Bay, in extent approximately 2 m², as shown lettered ABCD on Plan LT 1582v0 (Annexure “A”) attached to the report, to Richard Andrew Human and Jane Alison Human or their successor(s) in title, BE APPROVED subject inter alia to the following conditions, that:
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The property be sold for the sum of R7 000, exclusive of Vat at 15% being R1 050 (in total R8 050) plus costs;
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The sales price shall escalate at 8% per annum compounded annually on a pro rata basis commencing 6 months from date of valuation (i.e. as from 2019-08-01) until 2020-03-31. The escalated sale’s price will thereafter escalate at 5% per annum until date of registration;
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The market value is to be reassessed if the transaction is not approved by the relevant decision making authority of Council within 18 months from date of valuation ( i.e by 2021-02-01);
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Subject to such further conditions to be imposed by the Director: Property Management in the exercise of her delegated authority;
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Subject to compliance with any other statutory requirements;
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All costs related to the transaction be borne by the applicants;
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The City of Cape Town’s water by-law be adhered to;