Subcouncil 19

Resolution detail

 

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 portion of Erf 86420 Cape Town, situated at Gill Road, Muizenberg, in extent approximately 199 m² as shown hatched and lettered ABCDEF on Plan LT 1268v1 (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 for the asset;

b)Council grant in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of portion of Erf 86420 Cape Town, situated at Gill Road Muizenberg, in extent approximately 199 m² as shown hatched and lettered ABCDEF on Plan LT 1268v1 (Annexure “A”);

c)Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of portion of the subject public street, being portion of Erf 86420 Cape Town, situated at Gill Road, Muizenberg, in extent approximately 199 m² as shown hatched and lettered ABCDEF on Plan LT 1268v1 (Annexure “A”)

 
d)      That the transfer of portion of Erf 86420 Cape Town, in extent approximately 199 m² as shown hatched and lettered ABCDEF on Plan LT 1268v1 (Annexure “A”) to Glen Robin Wave Babb, or his successor(s) in title, be approved, subject to the following conditions, that:

1. A purchase price of R220 000, excluding VAT, be payable;
2. The transfer price shall escalate by 8% per annum compounded annually on a pro-rata basis, commencing 6 months from date of valuation, i.e. from 1 April 2019, until date of registration;
3. 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 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:

 
aa) That all further statutory and land use requirements be complied with;
 
bb) That the subject portion of Erf 86420 Cape Town be consolidated with the purchaser’s Erf 86383 Cape Town;
 
cc)        A sewer, water main and electrical services crosses the area in question and the subject area will have to be made subject to a services servitude in favour of the City to protect the underground and overhead municipal services traversing the length of the subject property and with no structures being allowed to be erected on this servitude area;
 
dd) Any alterations or deviations to the electricity services necessary as a consequence of the proposal, or requested by the applicant, will be carried out at the applicant’s cost and a minimum clearance of 3 meter to any overhead mains conductors shall be maintained at all times;
 
ee) Telkom services are known to exist on the subject property and it is the responsibility of the applicant to notify Telkom should any other Telkom plant be located which might not be indicated on the plan;
 
ff) The pedestrian thoroughfare between PMR106 and Penrose Road is to remain open to the general public;
 
gg) That all costs related and incidental to the transaction be borne by the purchaser.
 
ACTION: SECRATARIAT / SIMEON CARELSE