Subcouncil resolution details
Subcouncil 21
Agenda item no
21SUB 37/2/2022 SM
Subject
PROPOSED TRANSFER OF A PORTION OF STELLENBOSCH FARM 419 PORTION 62: BUFFDAXCO 5 (PTY) LTD
PROPOSED CLOSURE OF PUBLIC PLACE, A PORTION OF STELLENBOSCH FARM 419 PORTION 62
Meeting date
Wednesday, February 16, 2022
Resolution
Recommend
Date closed
Wednesday, February 23, 2022
Resolution detail
RECOMMENDED that:
a) Council resolves that, in terms of section 14 of the Local Government Municipal Finance Management Act 56 of 2003, the subject property, being a portion of Stellenbosch Farms 419 portion 62, situated on Skilpaddam Road, Kuilsriver, in extent approximately 1918m2 as shown cross-hatched and lettered ABCDE on plan ET 782/1 (Annexure “A” to the report), 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 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 Stellenbosch Farms 419 portion 62, situated on Skilpaddam Road, Kuilsriver, in extent approximately 1918m2 as shown cross-hatched and lettered ABCDE on plan ET782/1 (Annexure “A” to the report);
c) Council, in terms of section 4 of the City of Cape Town Immovable Property By-Law, 2015, approve the closure of a portion of a public road, being a portion of Stellenbosch Farms 419 portion 62, situated on Skilpaddam Road, Kuilsriver, in extent approximately 1918m2 as shown cross-hatched and lettered ABCDE on plan ET782/1 (Annexure “A” to the report);
d) The transfer of a portion of Stellenbosch Farms 419 portion 62, situated on Skilpaddam Road, Kuilsriver, in extent approximately 1918m2 as shown cross-hatched and lettered ABCDE on plan ET782/1 (Annexure “A” to the report), to Messrs Buffdaxco 5 (Pty) Ltd or its successor(s) in title, be approved, subject to the following conditions, that:
i) A purchase price of R 1 370 000 excluding VAT be payable;
ii) 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 01 May 2021, until date of registration;
iii) The valuation is to be reviewed if not implemented within 24 months from date of valuation, i.e. by 31 October 2022;
iv) No development of any structures (other than road way) shall be allowed on the area bordered black on Annexure B to the report, as per the valuation synopsis i.e. this portion of land is to have zero bulk contribution on consolidation;
v) Rates and municipal charges, if applicable, be levied;
vi) Subject to such further conditions to be imposed by the Director: Property Management in terms of her delegated authority, including inter alia the following, that:
aa) all further statutory and land use requirements be complied with;
bb) the subject portion of Stellenbosch Farms 419 portion 62 be consolidated with the purchaser’s erf, being Stellenbosch Farm 419 portion 63;
cc) that all cost related and incidental to the transaction be borne by the purchaser.
ACTION: JANINE CORNELIUS
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