Agreement Authorizing the Contribution of Two Properties to the Isthmus of Tehuantepec Interoceanic Corridor Without Disincorporation from Federal Public Domain

DOF: 16/10/2024

ACUERDO by which, without disincorporating from the regime of public domain of the Federation, the contribution to the patrimony of the Isthmus of Tehuantepec Interoceanic Corridor of two real estate properties is authorized, the first with a land surface of 2,687,288.79 square meters and the second with a land surface of 1,497,185.68 square meters, with a total surface of 4,184,474.47 square meters.

Institute of Administration and Appraisal of National Assets.- AD-013-2024.

AGREEMENT

by which,

without

disincorporating from the

regime of

public domain

of the

Federation,

the contribution

to the patrimony

of the

Isthmus of Tehuantepec Interoceanic Corridor

of two real estate properties is authorized,

the first

with a land surface

of 2,687,288.79

square meters

denominated "Polygon A Puerto Chiapas CIIT-SEMAR",

located on

Federal Highway Tapachula - Puerto Madero,

left side kilometer 23.42 without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16336-7,

and the second

with a land surface

of 1,497,185.68

square meters

denominated "Polygon C Puerto Chiapas CIIT-SEMAR",

located on

Federal Highway Section Puerto Madero Deviation 4 Milpas to Playa Linda,

Left Side kilometer 2.3

without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16337-6,

with a total surface

of 4,184,474.47

square meters.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS,

President of the

Institute of Administration and Appraisal of National Assets,

Decentralized Administrative Body of the

Ministry of Finance and Public Credit,

based on

what is provided by

articles 1,

2 fraction I,

17,

26 and 31

fractions XXIX and XXX,

of the Organic Law of the Federal Public Administration;

2 fractions II, IV and VII,

3 fraction III,

4 first and second paragraphs,

6 fraction XXI,

11 fraction I,

28 fraction I,

29 fractions I and II,

84 fraction VI,

and 101 fraction X,

of the General Law of National Assets;

1, 4, section G,

fraction V,

48 and 49,

of the Internal Regulations of the Ministry of Finance and Public Credit and;

1, 3 fraction X,

4 fraction I,

subparagraph a)

and 6 fraction XXXIII,

of the Regulations of the

Institute of Administration and Appraisal of National Assets;

and

C O N S I D E R I N G

FIRST. -

That within the assets subject to the

regime of public domain of the

Federation, there are two real estate properties, the first

with a land surface of 2,687,288.79

square meters

denominated "Polygon A Puerto Chiapas CIIT-SEMAR",

located on

Federal Highway Tapachula - Puerto Madero,

left side kilometer 23.42 without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16336-7,

and the second

with a land surface of 1,497,185.68

square meters

denominated "Polygon C Puerto Chiapas CIIT-SEMAR",

located on

Federal Highway Section Puerto Madero Deviation 4 Milpas to Playa Linda,

Left Side kilometer 2.3

without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16337-6,

with a total surface of 4,184,474.47

square meters.

SECOND. -

That the ownership of the real estate properties referred to in the preceding

Consideration is accredited by

Public Deed number 2,

Volume number 1,

dated December 20, 2023,

granted before the

notary public,

Licentiate Josefina Elizabeth Montesinos Pérez,

Holder of Public Notary Office number 49 of the

State of Chiapas and of the

Federal Real Estate Patrimony,

through which the merger of

fifty-four rural plots is made

and the subdivision of 3

lots and/or rural plots,

instrument registered in the

Public Registry of Federal Property under

Real Folio numbers 156193,

156194 and 156196 dated February 23, 2024.

THIRD. -

That by letter number 1155-C/0853 dated July 21, 2023,

the Director of Architecture and Conservation of the

Artistic Immovable Heritage of the

National Institute of Fine Arts and Literature,

informed the General Directorate of Administration of the

Federal Immovable Heritage that the

real estate properties subject to the present

instrument are not considered as

Artistic Monuments or of artistic value.

FOURTH. -

That by letter number 401.4S.15-2023/1991 dated July 21, 2023,

the Subdirector of Catalog and Zones of the

National Coordination of Historical Monuments of the

National Institute of Anthropology and History,

made known that the real estate properties subject to the present

Agreement are not considered as

Historical Monuments, do not border on

Historical Monuments and are not

within a Zone of Historical Monuments.

FIFTH. -

That by letters numbers SEDURBE/DDU/CONURBA/0707/2024

and SEDURBE/DDU/ CONURBA/0705/2024,

both dated April 19, 2024,

the Ministry of Urban and Municipal Ecology Development of the

Municipality of Tapachula of the

State of Chiapas,

issued the Alignment and

Official Number Certificates,

in which it was stated that "Polygon A"

is located on

Federal Highway Tapachula - Puerto

Madero, Left side

kilometer 23.42 without number,

Municipality of Tapachula,

State of Chiapas and "Polygon C",

on Federal Highway

Section Puerto Madero Deviation 4

Milpas to Playa Linda,

Left Side kilometer 2.3

without number,

Municipality of Tapachula,

State of Chiapas.

SIXTH. -

That the surfaces, measurements and boundaries of the real estate properties

subject to the present

Agreement are recorded in the

topographic plans with

numbers SB-DGRM-PCH-005

and SB-DGRM-PCH-007 prepared at

scales 1:6000 and 1:5000

respectively, both approved and

registered on May 14, 2024,

under numbers DRPCI/7286/7-16336-7/2024/T

and DRPCI/7288/7-16337-6/2024/T and

certified on May 22, 2024 by the

Public Registry and Real Estate Control Directorate,

attached to the General Directorate of

Real Estate Policy and Management of this

Institute of Administration and Appraisal of National Assets.

SEVENTH. -

That by letter number CIIT/DG/141/2024 dated June 3, 2024,

the General Director of the

Isthmus of Tehuantepec Interoceanic Corridor,

requested the contribution of two real estate properties

denominated "Polygon A Puerto Chiapas CIIT-SEMAR"

with a land surface of 268-72-88.794

hectares and "Polygon C Puerto Chiapas CIIT-SEMAR"

with a land surface of 149-71-85.682

hectares, segregated from the larger real estate property

formerly known as "Special Economic Zone (ZEE)

Puerto Chiapas" for the

establishment of Development Poles for

Well-being.

EIGHTH. -

That by letters numbers SEDURBE/DDU/CONURBA/1214/2024

and SEDURBE/

DDU/ CONURBA/1215/2024

both dated July 19, 2024,

the Ministry of Urban and Municipal Ecology Development of the

Municipality of Tapachula of the

State of Chiapas,

granted the Land Use Certificates of the

real estate properties denominated "Polygon A"

and "Polygon C",

for "... Commercial and Industrial

Use".

NINTH. -

That by letter number DPI/1649/2024 dated September 17, 2024,

the Real Estate Planning Directorate attached to the

General Directorate of Real Estate Policy and Management of the

Institute of Administration and Appraisal of National Assets

informed the Incorporation and Disincorporation of Real Estate Directorate that, the real estate properties

subject to the Present

Agreement, "... were published on the

Institutional website, in the

Real Estate Availability section, "Federal Real Estate Portfolios available",

during the month of July of the

current year".

TENTH. -

That the Real Estate Utilization Committee of the

Institute of Administration and Appraisal of National Assets,

in its Third Ordinary Session 2024,

held on September 19, 2024,

approved agreements 17/2024 CAI

and 18/2024 CAI, agreeing in both

cases unanimously to determine the

actions for the best use and

utilization of the real estate properties

subject to the present

Agreement, for their

contribution without disincorporation to the

patrimony of the Isthmus of Tehuantepec Interoceanic Corridor,

in terms of article 84

fraction VI of the

General Law of National Assets.

ELEVENTH. -

That by letter number DGPGI/737/2024 dated September 26, 2024,

the General Director of Real Estate Policy and Management,

communicated to the General Director of Administration of the

Federal Immovable Heritage,

both attached to this

Institute, the

Opinion for Acts of Administration and/or

Disposition number DAAD/2024/011,

in which it was considered that, the real estate property subject to the present,

"... not being cataloged as a

common use asset, in accordance with

what is established by article 7 of the

General Law of National Assets and that, based on

the second and third considerations, it updates the

normative hypothesis provided for in

article 84 of the LGPN, therefore

the actions of

administration and disposition established in the

various fractions of the

article invoked could be

procedural."

In view of the content of the

letter cited in the present

consideration, in the

specific case, fraction

VI of article 84 of the

General Law of National Assets is applicable.

TWELFTH. -

That by letter number DGPGI/738/2024 dated September 26, 2024,

the General Director of Real Estate Policy and Management,

communicated to the General Director of Administration of the

Federal Immovable Heritage,

both attached to this

Institute, the

Opinion for Acts of Administration and/or

Disposition number DAAD/2024/012,

in which it was considered that, the real estate property subject to the present,

"... not being cataloged as a

common use asset, in accordance with

what is established by article 7 of the

General Law of National Assets and that, based on

the second and third considerations, it updates the

normative hypothesis provided for in

article 84 of the LGPN, therefore

the actions of

administration and disposition established in the

various fractions of the

article invoked could be

procedural."

In view of the content of the

letter cited in the present

consideration, in the

specific case, fraction

VI of article 84 of the

General Law of National Assets is applicable.

THIRTEENTH. -

That the General Directorate of Administration of the

Federal Immovable Heritage of this

Institute, in accordance with

what is provided by article 11,

fraction V,

of the Regulations of this

Institute, knew and reviewed from the

technical legal point of view, the

authorization for contribution to the

patrimony of the Isthmus of Tehuantepec Interoceanic Corridor,

without disincorporation from the

regime of public domain of the

Federation, of the federal real estate properties

denominated "Polygon A Puerto Chiapas CIIT-SEMAR"

and "Polygon C Puerto Chiapas CIIT-SEMAR".

The legal and technical documentation that supports the

legal and administrative situation of the

real estate properties, as well as of this

Agreement, is in the

processing file integrated by said

General Directorate, and was duly

cross-checked with that which is

found in the Federal and Paraestatal

Real Estate Information System.

Based on article 9 fraction XIV of the

Regulations of the

Institute of Administration and Appraisal of National Assets,

the Legal Unit issued an

opinion regarding the present

Agreement; therefore, based on the

considerations referred to and being the purpose of the

Federal Executive to give the

federal real estate patrimony the

optimal utilization, I have

deemed it appropriate to issue the following:

A G R E E M E N T

FIRST. -

Without disincorporating from the

regime of public domain of the

Federation, the contribution to the

patrimony of the Isthmus of Tehuantepec Interoceanic Corridor is authorized,

of two real estate properties, the first

with a land surface of 2,687,288.79

square meters,

denominated "Polygon A Puerto Chiapas CIIT-

SEMAR",

located on

Federal Highway Tapachula -

Puerto Madero,

left side kilometer 23.42

without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16336-7,

and the second

with a land surface of 1,497,185.68

square meters

denominated "Polygon C Puerto Chiapas CIIT-SEMAR"

located on

Federal Highway Section Puerto Madero

Deviation 4 Milpas to Playa Linda,

Left Side kilometer 2.3

without number,

Postal Code 30839,

Municipality of Tapachula,

State of Chiapas,

with Federal Real Estate Registry 7-16337-6,

with a total surface of 4,184,474.47

square meters;

to establish Development Poles for

Well-being.

SECOND. -

The Institute of Administration and Appraisal of National Assets will exercise on behalf of and in representation of the

Federation, the acts

corresponding to carry out the

operation that is authorized.

THIRD. -

Once the two real estate properties subject to the present

Agreement are contributed to the

patrimony of the Isthmus of Tehuantepec Interoceanic Corridor,

the provisions that regulate in a

specific manner the real estate properties of the

Paraestatal Public Administration of Title

Third, Chapter

Third of the

General Law of National Assets will be applicable to them,

without this meaning that they can alienate said real estate properties,

without the authorization of the

Ministry of Finance and Public Credit,

since in this case, due to

the legal nature of said entity, they can only be

disincorporated from the

regime of public domain of the

Federation for their alienation,

by administrative agreement of the

Ministry of Finance and Public Credit that so determines.

FOURTH. -

The taxes, fees, honoraria and expenses that

arise as a result of the

operation that is authorized, will be paid by the

Isthmus of Tehuantepec Interoceanic Corridor.

FIFTH. -

The Institute of Administration and Appraisal of National Assets in the

scope of its attributions through the

General Directorate of Administration of the

Federal Immovable Heritage, will monitor the strict

compliance of this

Agreement.

SIXTH. -

If within the year following the

entry into force of this

Agreement, the corresponding

contract for the

operation that is authorized has not been

celebrated, due to causes attributable to the

Isthmus of Tehuantepec Interoceanic Corridor,

determined by the

Institute of Administration and Appraisal of National Assets,

this Agreement will become void, this

Institute must publish in the

Official Gazette of the Federation a

notice in which this

circumstance is made known, as well as notify said

organization.

This Agreement will enter into force on the

day following its publication in the

Official Gazette of the Federation.

Mexico City, October 3, 2024.-

President of the Institute of Administration and Appraisal of National Assets,

Víctor Julián Martínez Bolaños.-

Rubric.

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