Subcouncil resolution details
Subcouncil 2
Agenda item no
02SUB 17/11/2020
Subject
PROPOSED TRANSFER OF A PORTION OF REMAINDER ERF 109 KRAAIFONTEIN, SITUATED BETWEEN BRIGHTON AND SHELLY ROADS, WINDSOR ESTATE: RJJ JONAS TRUST
Meeting date
Wednesday, November 18, 2020
Resolution
Recommend
Date closed
Thursday, November 26, 2020
Resolution detail
Pieter Strumpher: Property Management was present for the report.
RESOLVED unanimously by Subcouncil 2, for reasons provided in the report that it be 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 a portion of Remainder Erf 109 Kraaifontein situated between Brighton and Shelley Road, Windsor Estate, in extent approximately 315m2 and shown hatched an lettered ABCD on Plan TA 756v1, marked 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.
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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 Remainder Erf 109 Kraaifontein, in extent approximately 315m2 and shown hatched and lettered ABCD on Plan TA 756v1 marked Annexure A;
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That the transfer of a Portion of Remainder Erf 109 Kraaifontein, in extent approximately 315m2 and shown hatched and lettered ABCD on Plan TA756v1 marked Annexure A to RJJ Jonas Trust, or its successor (so in title, be approved, subject to the following conditions, that:
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A purchase price of R80 000, excluding VAT, be payable;
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The purchase price is to be escalated by 6% per annum compounded annually on a pro-rata basis, commencing from date of valuation, i.e. from 1 December 2017, until date of registration;
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Occupation rent of 9% per annum will be charged as from 1 December 2017 until date of registration;
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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 delegation authority including inter alia the following:
aa) that all further statutory and land use requirements be compiled with;
bb) that the subject portion of Remainder Erf 109 Kraaifontein be consolidated with the purchaser’s abutting properties; and
cc) that all costs related and incidental to the transaction be borne by the purchaser.
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Council confirm that when considering the alienation of the land at less than market value as provided for in terms of clause 15.2 of Council’s Policy on the Management of Certain pf the City of Cape Town’s Immovable Property, the contents of Regulation 13(2) of the MATR has been duly taken into consideration, and
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That the objection submitted by Councillor Rhynhardt against the refusal pf the transfer be upheld.
ACTION: PIETER STRUMPHER
INFORMATION: (i) SECRETARIAT (ii) AMELIA VAN RHYN