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Order Fom/947/2013, Of 30 April, Which Approves The Valuation Of Land And Water In The Service Area Of The Port Of Carboneras, Dependent Of The Autoridad Portuaria De Almería.

Original Language Title: Orden FOM/947/2013, de 30 de abril, por la que se aprueba la valoración de terrenos y lámina de agua de la zona de servicio del puerto de Carboneras, dependiente de la Autoridad Portuaria de Almería.

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TEXT

The public body Ports of the State has submitted to the Ministry of Public Works, for its approval, the proposal for the valuation of the land and water sheet of the service area of the Port of Carboneras managed by the Authority Port of Almería, which has the status 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 Royal Decree of Law 2/2011, of 5 September, approving the recast of the Law of Ports of the State and the Merchant Navy, in relationship to Article 149.1.20. 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 State Ports and the Merchant Navy, the tax base of the charge is the value of the good of the domain public busy.

The proposal to evaluate the land and water sheet has been formulated by the Port Authority of Almeria, including, among the necessary background and studies, an economic-financial memory. This proposal, which was drawn up and processed in accordance with the then current Law 48/2003 of 26 November, has been submitted to the public and informed by the Ministry of Finance and Public Administrations and by the public Ports of the State.

As provided for in Article 19 (3) (a) of Law 48/2003 (which coincides with the regulation contained in the current Article 175 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September 2011, the value of the land will be determined 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 the municipal terms nearby, with similar uses to each the area, in particular those qualified as commercial, industrial or logistic use and for the same or similar activity, taking into consideration the appropriate use. In addition, in the case of functional areas destined for terminals and other facilities for handling goods, the value of port areas which could be alternatives for the traffic of such a port may also be taken into consideration. In addition to this reference value, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the connection with the different transport modes and transport infrastructure, its maritime accessibility. and land and its location and proximity to port infrastructures, in particular, to docking facilities and sheltered areas.

Regarding the assessment of water, point (b) of the same precept stated that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided determine 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. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The land in the service area of the Port of Carboneras has been divided into functional areas as follows:

-Functional Area I.

Occupies the land located further south of the service area, that is to say those who settle precisely on the darsena presented first, in the description of the grounds of the service area; that is, dike of coat which closes the darsena, esplanade, Muelle Norte, Muelle East and end of the dam.

Both the North Pier, and the East Pier, are settled on a dam that supports all the construction, which, in turn, is the transport exchanger of the materials, minerals or elaborate that are the object of the adjacent industrial complex, outside the service area of the port. The main pier is located on the East Pier, with a draught of fourteen meters and a length of one hundred and twenty meters, enough for the freighters serving the industrial complex.

The esplanade is logically protected by the corresponding escort; however, its soil does not enjoy more urbanization than the corresponding compaction.

It borders on the south by a fence of protection, which continues in the west, with the fence of protection that exists between the service area and the road of circulation. In the north, this same fence is located in the dam on its northern section, until access to the water sheet.

-Functional area II.

They make up the land of a riverbank esplanade, of a surface of a hundred and four thousand meters, without any use at the moment of processing the valuation, which is supported on the back of the dam described above, in a length of two hundred and forty three metres, measured on the road outside the port, extending towards the north, in a length of five hundred and fifty-five metres, in parallel to the road, which serves as linde, by the fence of protection of the service area. At that point, that there is also a discontinuity, it turns to the sea, and continues to mark a broken line, that leaves within this area, a series of small buildings, until reaching the sea, precisely in the most narrow space of the area service.

Linda, by the north, with this broken line; by the south, with the line of the dam of the previous darsena, that is, functional area I; by the east, with the water line, and by the west, with the fence of protection, and, therefore, with the outer road.

-Functional Area III.

It occupies a coastal strip that is part of the end of the Functional Area II and reaches a distance of thirty-three meters from the hypotenuse of the triangle rectangle that forms the functional area IV, which will be described later.

From that point, forming right angle with the previous line, and in the sense of the water, part a line of a length of seventy-five meters, from whose end, it rotates again at right angle to the north, until access to the hypotenuse of the triangle, which follows in the direction of water in a length of three hundred and twenty-five meters, from which point it accesses the darsena, in the future Muelle Ribera II.

It is a space of land of a length of seven hundred and fifty two meters in length, with two springs of ribera in its most northern part, one called the Ribera I, really supported in ribera, and therefore parallel to the coast, with two hundred and forty-six meters in length, and one second with the name of Muelle de Ribera II, with a shorter length reaching the hundred and forty-six meters, and with a northeast direction northeast. It backs a small esplanade, and enough ground space to access the larger esplanade.

Linda in the north with a small area in the form of trapeze, and the Functional Area IV. In the south, with the broken line described above as the northern boundary of the previous Functional Area. By the east, with water sheet. And finally, in the west, with the fence of protection that separates it from the outer road.

-Functional area IV.

It covers some land that forms a triangle sensibly rectangle, where there is some urbanization, more a coat of shelter, that from vertical to earth, it is projected in sense this, and subsequently forms a wide arc, that It ends in the south, with the aim of protecting the infrastructure described below.

From the vertex east of the triangle rectangle, and with a sense southeast, part the loading dock of this functional area, which is in turn, from the thermal power plant located at the back of this area, outside the service area. It is a dock for the exclusive use of this concession, with a draught of seventeen meters, sufficient for the coal vessels that supply the thermal power plant.

Linda to the north with the greater taster of the triangle, followed by the dam described above, in its boot section, that is, the one that makes sense this. In the south, with the Functional Area III, in the hypotenuse of the triangle rectangle, marked by a fence of protection. In the east, it is the water sheet that marks the linde. In the west, it is not a straight line itself, but a smooth brittle that part of the route of service, to get away from it covering the grounds of the deviation of the road that accesses the thermal power plant, coming down again to the road service at an angle of forty-five degrees, to be followed by the aforementioned route of service.

-V functional area

To the north of the shelter dam of the previous Functional Area IV, and protected by this from the winds of the south, there is a beach area, on which, with the necessary infrastructure, a series of small concessions. It is a redoubt that takes advantage of this protection, which would otherwise be open to the sea. Its industrial vocation has been booming in recent years.

Also part of this area is the land that is located south of the Functional Area I, corresponding to the Playa del Corral, to the Punta del Corral precisely; it is a clean space that is assimilated to the beach of the Martinicas without greater qualities than those of a naked beach.

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

1. Zone I. -sheltered waters.

The areas of sheltered waters have been delimited according to their situation, from south to north, that is:

-Area I-A. -Darsena for the Functional Area I, that is, protected by the shelter dam and the closure dam of this dock.

Linda to three winds, north, east and west, with land of the darsena; to the south, with these and with the mouth.

-Area I-B-Darsena covered by the Functional Areas II, III, IV and support of the Idike of the Functional Area I.

Linda to the north and west with land of the darsena; to the south, with the dam of the previous darsena; and to the east, with the end of the dock of closure of the darsena and the mouth.

2. Zone II.-Unsheltered waters.

They cover the rest of the service area, being delimited in the plane attached to the valuation document, where the transcript is given that corresponds to the Order of the Ministry of Public Works and Urbanism of October 30, 1989, amending the limits of the waters of the ports of Almeria and Carboneras, and which is expressed in the following terms, referring to the Port of Carboneras: They are the waters confined by the meridian of the Tower of the Rayo (Punta del Lightning), the parallel of the northern end of the island of San Andrés, the stretch of coast that extends to the south from this parallel, to the tip of the Dead, and the parallel of this tip. The waters corresponding to Zone I and the inland waters of the fishing port of Carboneras are excluded.

The valuation proposal has been drawn up and processed in accordance with the provisions of Article 19 of Law 48/2003 of 26 November 2003 on the economic and service provision of ports of general interest, in At the moment of its approval by the Board of Directors of the Harbour Authority, not opposing to the previewed in the current article 177 of the Recast Text of the Law of Ports of the State and the Merchant Marine, approved by Royal Decree Legislative 2/2011 of 5 September, having been submitted to the public and to the reports from the Ministry of Finance and Public Administrations and the public body Ports of the State.

The valuation is duly substantiated in the proposal. The values approved in this Order correspond to the proposed valuation, carried out in July 2010, updated in January 2013 through the implementation of 75% of the overall consumer price index for the total national set (CPI). Article 178 of the said Royal Decree-Law 2/2011 of 5 September 2011 to take account of the depreciation of the same during the period of processing of the file.

In its virtue, on the proposal of the Harbour Authority of Almería, 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 "Land and Water Assessment of the Service Zone of the Port of Carboneras" is approved. A copy of the original document duly endorsed by the Ministry of Public Works, another in the public body Ports of the State and a third in the Port Authority of Almeria 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:

AG II

Functional Area

Value €/m2

Soil

I

69.47

II

23.35

III

70.28

IV

70.30

V

29.51

Water

AG I-A

17.74

AG I-B

AG II

3.55

Third. Publication.

This Order will take effect the day after its publication in the "Official State Gazette".

Madrid, April 30, 2013. -Minister of Development, Ana Maria Pastor Julian.