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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 11

Agenda item no

11SUB 15/10/2020

Subject

PROPOSED CLOSURE AND TRANSFER OF PORTION OF CITY LAND BEING A PORTION OF ERF 39934 CAPE TOWN SITUATED CORNER OF BAKKER AND CLARA ROAD, NEWFIELDS: R ARIEFDIEN

Meeting date

Wednesday, October 21, 2020

Resolution

Recommend

Date closed

Thursday, October 29, 2020

Resolution detail

PROPOSED CLOSURE AND TRANSFER OF PORTION OF CITY LAND BEING A PORTION OF ERF 39934 CAPE TOWN SITUATED CORNER OF BAKKER AND CLARA ROAD, NEWFIELDS: R ARIEFDIEN
 
The purpose of the report is to consider the proposed closure and transfer of a portion of public street being a portion of Erf 39934 Cape Town situated corner of Bakker and Clara Roads, Newfields to the owner of abutting Erf 40218 Cape Town
 
RESOLVED

The Subcouncil members SUPPORTED the recommendation 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 a portion of Erf 39934 Cape Town situated corner of Bakker and Clara roads, Newfields shown hatched and lettered ABCDEF, on the attached plan STC 1776v1 (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;
a)Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the Municipal Asset Transfer Regulations for the transfer of a portion of Erf 39934 Cape Town situated corner of Bakker and Clara roads, Newfields shown hatched and lettered ABCDEF, on the attached plan STC 1776v1   (Annexure “A”);
b)Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of a a portion of Erf 39934 Cape Town situated corner of Bakker and Clara roads, Newfields shown hatched and lettered ABCDEF, on the attached plan STC 1776v1  (Annexure “A”);
c)That the transfer of a portion of Erf 39934 Cape Town situated corner of Bakker and Clara roads, Newfields shown hatched and lettered ABCDEF, on the attached plan STC 1776v1  (Annexure “A”) to Ruwayda Ariefdien, or her successor(s) in title, be approved, subject to the following conditions, that:
 
  1. A purchase price of R210 000, 00 excluding VAT be payable;
 
  1. The purchase price is to be escalated by 8% per annum compounded annually on a pro-rata from 01 April 2019 until 31 March 2020. The escalated sale price will thereafter escalate at 5% p.a. until date of registration;
 
  1. 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 after closure the subject a portion of Erf 39934 Cape Town must be consolidated with the purchaser’s Erf 40218 Cape Town;
 
cc)      that all costs related and incidental to the transaction be borne by the purchaser.
 
dd)     the applicant will be liable for all costs in connection with this transaction i.e. survey, rezoning, transfer and Impact Assessment.
 
ee)     A 3m wide servitude to be registered over 100mm water main.
 
Action: R Schnackenberg

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