Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 10/5/2023

Subject

PROPOSED TRANSFER OF PORTION OF ERF 5822 CONSTANTIA SITUATED AT LISMORE AVENUE, TOKAI: MOHR TRUST

Meeting date

Wednesday, May 17, 2023

Resolution

Confirmed

Date closed

Friday, May 26, 2023

Resolution detail

It is recommended that:

Council resolve that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being a portion of Erf 5822 Constantia, situated off Lismore Avenue, Tokai, in extent approximately 128m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130005947 (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 a portion of Erf 5822 Constantia, situated off Lismore Avenue, Tokai in extent approximately 128m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130005947 (Annexure “A”);

Council, in terms of section 4 of the City of Cape Town Immovable Property By-law, 2015, approve the closure of the subject property being a portion of a public (place/road), being a portion of Erf 5822 Constantia, in extent approximately 128m² as shown cross-hatched and lettered ABCDEFGHJ on plan 13005947 (Annexure “A”);

The transfer of a portion of Erf 5822 Constantia, in extent approximately 128m² as shown cross-hatched and lettered ABCDEFGHJ on plan 130005947 (Annexure “A”) to Mohr Trust or his/her/its/their successor(s) in title, be approved, subject to the following conditions, that:

A purchase price of R200 000 excluding VAT be payable;

The purchase price is to be escalated by 5% per annum compounded

annually on a pro-rata basis, commencing 6 months from date of valuation, i.e. from 1 March 2022, until date of registration;

The valuation is to be reviewed if not implemented within 36 months from

date of valuation, (i.e. by 2024-08-31);

Rates and municipal charges, if applicable, be levied;

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 5822 Constantia be consolidated with the
      purchaser’s Erf 13871 Constantia;

cc) that all costs related and incidental to the transaction be borne by the
      Purchaser.

dd) The Electricity Generation and Distribution Department has no
       objections to the proposal subject to the following conditions:

The existing electricity services are to be deviated clear of the land

    in question at the applicant’s expense. The cost of deviation will be
    determined upon formal application.

ee) Adherence to the requirements of the City of Cape Town’s water by-law.

ff) The Disposals Department has no objection to the proposal subject to
     the following conditions:

No encroachment of the infrastructure into the road reserve

gg) The Roads Department has no objection but the following will apply:

No permanent structures to be erected in the road Reserve

.

Action: Yusuf Mohamed