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Order Fom/1909/2014, On 3 October, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Port Of Cartagena.

Original Language Title: Orden FOM/1909/2014, de 3 de octubre, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio del puerto de Cartagena.

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TEXT

The Public Body Ports of the State has referred to the Ministry of Development, for its approval, the proposal of valuation of the land and water sheet of the service zone of the Port of Cartagena managed by the Authority Port of Cartagena, which has the condition of port of general interest and is of exclusive competence of the General Administration of the State in accordance with the provisions of article 4 and Annex I of the Text recast of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, in relation to the Article 149.1.20ª of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorization or concession, since, according to the provisions of article 175 of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September, the tax base of the rate is the value of the good of the public domain occupied.

The proposal to evaluate the land and water has been formulated by the Port Authority of Cartagena, including, among the necessary background and studies, an economic-financial memory.

According to the provisions of Article 175 of the Refused Text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September, the value of the land is determine on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or to the next municipal terms, with similar uses and conditions, in particular those qualified as logistic, commercial or industrial use, taking into consideration the appropriate use. In addition, in the case of areas intended for the handling of goods, it may also take into consideration the value of port areas which may be alternatives for the traffic of that port.

In the assessment of the land of each port area, it will also have to take into account the degree of general urbanization of the area, the characteristics of management established in the special plan of the port, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructures, in particular to the docking facilities and sheltered water areas.

As for the assessment of water, point (b) of the cited precept states that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided will be determined by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. The assessment shall take into account the conditions of shelter, depth and location of the waters, without exceeding the value of the reference grounds.

The land of the Port of Cartagena's service area has been divided into functional areas as follows:

Darsena de Cartagena:

-Functional Area I: Sports Port and Cruises.

Covers the land gained from the sea to the South by the Port Authority from the cantil of the dock Alfonso XII (cruise dock and dock of the two sports navies).

-Functional Area II: Alfonso XII, citizen use zone.

Area dedicated exclusively to citizen use, by the west starts from the pant of the old Royal Club of Regattas, Port Authority and Customs. In the north it borders on the Wall of the Sea, the Town Hall and the Plaza del Mar. Through the East it reaches the Museum of Underwater Archaeology. Including in front of the same a longitudinal strip along the cantil of 16 m wide, currently destined for zone of walk and connection between different areas of the Port, being limited by the Auditorium the Batel and Port of Sport Puerto Yacht Cartagena. To the South borders with Lamina of Water and functional area I.

-Functional Area III: Fish and workshops.

This functional area is located next to the roundabout connection of the port with the urban area of Cartagena, it is made up of two lands that currently have landscaped areas and parking areas, allowing the movement of vehicles and connection between different areas of the port. It also covers the fishing dock, workshops and warehouses of the Port Authority, as well as a small dock where the smaller boats dock.

-Functional Area IV: Saint Lucia Pier.

A purely commercial explanade, intended for container traffic and conventional general merchandise.

This esplanade is broken down into two subareas:

St. Lucia A (IV-A).

Esplanade which is limited by the cantil of the spring and the road of inland traffic and railway line substantially parallel to the dock. The North borders with the water and the South with the San Pedro pier.

Saint Lucia B (IV-B).

It covers the back land of the former, separated from them, by the aforementioned routes. For the North and South, it is delimited by the extension of the north and south lines of the IV-A. subarea.

-Functional Area v: San Pedro Pier.

Exposed for conventional general merchandise traffic that has been divided into two subareas:

San Pedro-A (V-A).

Occupies the land near the cantil of the pier, including the two ro-ro ramps, by the interior of the dock limits with the facade opposite to the dock of the buildings of the first line and with the main facade of the buildings of second line.

San Pedro-B (V-B).

Rest of the San Pedro dock that borders on the side of the dock with the area above and on the opposite side with the port closure.

-Functional Area VI: Curra Pier.

The grounds comprising the Curra Dique-Muelle not affected by the Ministry of Defence.

-Functional Area VII: Christmas Dam.

The entire area of public port domain in the Christmas Day area.

Escombreras Darsena.

-Functional Area VIII: Gate Zone.

Located at the beginning of Escombreras, it consists of a small strip, which extends between the Punta del Gate and the Fertilizer Muelle.

-Functional Area IX: Fertilizer Pier.

Land gained from the sea on which the pier of this name has been built, extends to the grubbing-up of the Morelle Prince Philip's esplanade. The rest of the land belonging to this functional area is located at the back of the X Functional Area up to the exterior of the Port.

-Functional Area X: Prince Philip Pier-Isaac Peral.

Consisting of the springs Prince Philip and Isaac Peral and their corresponding esplanades, including the area of the Fangal area attached to the previous docks by an underground passage and which is internal to the closure of the Port.

-Functional Area XI: The Fangal.

Rest of terrain known as the Fangal outside the Port.

-Functional Area XII: Maese-Bastarreche Liquefies.

Comprises the spigons for the traffic of liquid products, the Pantalan, the Maese dock and the Bastarreche dique-pier. It is divided into two sub-areas: the XII-A, which is the closest to the cantil and limited to the South with a service road, and the XII-B, which is the one located inland, starting from the previous one, being its limit coincident with that of the service area port in force.

-Functional Area XIII: Link road between the docks.

Road connecting the two docks, between the proximity of the start of the Curra dam and the communications knot giving access to the dock of Escombreras and the Fangal.

-XIV Functional Area: Granels terminals.

It covers the land between the Bastarreche Dique and the new Southwest Dam, limited by the South and Polivalent docks and the vial giving access to the new Dique.

-Functional Area XV: Industrial Activities Zone.

Esplanada, second line, located at the back of the XIV area, limited to the East by the foot of Punta Aguilarmas, to the North by the XIV and XII-B areas and to the South and to the West by the Diques de Abrigo.

The water spaces included in the proposed valuation are as follows:

Zone I: Interior of the port waters. Understand two areas:

a) Darsena de Cartagena.

Limited by the line linking the centres of the mores of the Curra and Christmas levees; the Military Arsenal limited by the line linking the west end of the Morelle of the Shipyards and the former Darsena of Botes is excluded.

b) Darsena of Escombreras.

Limited by the line linking the end of the South West dam morro to the Punta del Gate.

Zone II: Exterior of port waters.

It covers the areas of entry, maneuver and possible anchorage, subsidiary of the port and subject to tariff control and includes all the waters located to the North of the line that joins the Punta del Sofre with Cabo Tinoso. Of these, it is excepted a coastal strip 200 meters wide, as well as surfaces tangent to the coast and not suitable for anchorage, in which, either the Navy performs exercises or there are marine crops.

The valuation proposal has been elaborated and processed in accordance with the provisions of the current article 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, having submitted to the process of public information and to the reports of the Ministry of Finance and Public Administrations and the Public Body Ports of the State.

The valuation is duly substantiated in the proposal, noting that its approval will mean an increase of the revenues of the Port Authority corresponding to the occupancy rate of 5.36%, considering the revenues of this year 2011, updated to 2012 with the corresponding IPC.

In its virtue, on the proposal of the Port Authority of Cartagena, and in accordance with the provisions of article 177 of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, I have:

First. Approval of the assessment.

The "Valuation of the land and water sheet of the service zone of the Port of Cartagena" is approved. A copy of the original document duly endorsed by the Ministry of Public Works, another in the Public Ports of the State and a third in the Port Authority of Cartagena will be deposited.

Second. Land values and water sheet.

The values each of the functional areas of the land service area, as well as the waters, are as follows:

Functional Area

IV Santa Lucia-B

Value €/m2

Darsena Cartagena:

I marina and cruise ships

213.12

II Alfonso XII-City

209.79

III Fish and Workshops

73.20

IV Santa Lucia-A

79,30

59.48

V San Pedro-A

77.78

V San Pedro-B

59.48

Curra Pier

73.20

Dique Christmas

33.55

Darsena Escombreras:

41.18

41.18

41.18

Fertilizer-table_izq"> IX Fertilizer Muelle

102.94

X Prince Philip-Isaac Peral

68.63

Xl The Fangal

102.18

XII Populated Maese Bastard A

77.78

XII Licados Maese Bastarreche B

61.00

road link link

49.56

XIV Granels Terminals

108.28

Industrial Activities Zone

94.55

Sheet Functional Area

Value €/m2

Zone I. Cartagena's Darsena

21.26

Escombreras Zone I. Darsena

21.91

Zone II

8.63

Third. Publication.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 3 October 2014. -Minister for Development, Ana Maria Pastor Julian.