Subcouncil resolution details

Subcouncil 17

Agenda item no

17SUB 14/8/2021

Subject

PROPOSED CLOSURE AND TRANSFER OF PORTIONS OF ERVEN 43077 AND 43078 CAPE TOWN TO THE ABUTTING OWNERS OF ERF 43089 CAPE TOWN: MOGAMMAD RIDHAA HARTLY AND ZAKKIYYAH AMARDIEN

Meeting date

Thursday, August 26, 2021

Resolution

Approved

Date closed

Tuesday, September 07, 2021

Resolution detail

RESOLVED that:

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 43077 and 43078 Cape Town situated at Seventh
     Avenue Crawford, approximately 158 m² in extent, as shown cross-hatched
     and lettered ABCD on Plan 130006234 (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;

Council grants in-principle approval in terms of regulation 5(1)(b)(ii) of the

      Municipal Asset Transfer Regulations for the transfer of portions of Erven
      43077 and 43078 Cape Town, approximately 158 m² in extent, as shown
      cross-hatched and lettered ABCD on Plan 130006234 (Annexure “A”);

Council, in terms of section 4 of the City of Cape Town Immovable Property

      By-law, 2015, approve the closure of portions of Erven 43077 and 43078
      Cape Town situated at Seventh Avenue Crawford, approximately 158 m² in
      extent, as shown cross-hatched and lettered ABCD on Plan 130006234
      (Annexure “A”);

That the transfer of portions of Erven 43077 and 43078 Cape Town,

      approximately 158 m² in extent, as shown cross-hatched and lettered ABCD
      on Plan 130006234 (Annexure “A”) to Mogammad Ridhaa Hartly and
      Zakkiyah Armadien, or their successor(s) in title, be approved, subject to the
      following conditions, that:

A purchase price of R 225 000, excluding VAT, will be payable;
The purchase price is to be escalated by 5% per annum compounded

annually on a pro-rata basis, and commencing 6 months from date of
valuation, i.e. from 01 April 2020 until date of registration;

The market value is to be reassessed if the transaction is not approved

by the relevant decision making authority of Council within 36 months
from date of valuation being 30 June 2024;

Rates and municipal charges, if applicable, be levied; and
Subject to such further conditions 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 portions of Erven 43077 and 43078
      Cape Town be consolidated with the purchaser’s Erf 43089 Cape Town;
cc) that all costs related and incidental to the transaction be borne
                 by the purchaser;

.

Action: C Davids