2023-09-25 | DOF 5702769Added · Updated
The federal property known as Substation Juchitepec, covering 11,491.55 square meters in Ayapango, State of Mexico, is deincorporated from the Federation's public domain regime and its contribution to the assets of CFE Distribution is authorized. The property must continue to be used for electricity service purposes, otherwise it will revert to the Federation, and CFE Distribution is responsible for all associated taxes and expenses. The agreement requires the formalization of the contribution contract within one year of its entry into force, failing which the agreement will become void.
Official Gazette of the Federation: 25/09/2023
AGREEMENT whereby the federal property with an area of 11,491.55 square meters, designated "Substation Juchitepec", located at Tenango del Aire-Ayapango Highway Kilometer 8, Town of Tlamapa, Postal Code 56767, Municipality of Ayapango, State of Mexico, with Federal Real Estate Registry number 15-14061-6, is deincorporated from the Federation's public domain regime and its contribution to the assets of the Productive Subsidiary Company of the Federal Electricity Commission CFE Distribution is authorized.
In the margin a seal with the National Shield, reading: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.
AD-014-2023
AGREEMENT whereby the federal property with an area of 11,491.55 square meters, designated "Substation Juchitepec", located at Tenango del Aire-Ayapango Highway Kilometer 8, Town of Tlamapa, Postal Code 56767, Municipality of Ayapango, State of Mexico, with Federal Real Estate Registry number 15-14061-6, is deincorporated from the Federation's public domain regime and its contribution to the assets of the Productive Subsidiary Company of the Federal Electricity Commission CFE Distribution is authorized.
VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Secretariat of Finance and Public Credit, based on the provisions of articles 1 and 2 section I, 17, 26, 31 sections XXIX and XXX of the Organic Law of the Federal Public Administration; 2 sections II, IV and VII, 3 section III, 4 paragraphs first and second, 6 section XXI, 11 section I, 13, 28 section I, 29 sections I, II and VI, 84 section VI, 95, 99 section III and 101 section VI of the General Law on National Assets; 4 section G, section V, 48 and 49 of the Internal Regulations of the Secretariat of Finance and Public Credit; and 1, 3 sections IX and X, 4 section I, subsection a) and 6 sections XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets;
C O N S I D E R A T I O N S
FIRST.- That within the assets subject to the Federation's public domain regime, is the federal property designated "Substation Juchitepec", located at Tenango del Aire-Ayapango Highway, Kilometer 8, Town of Tlamapa, Postal Code 56767, Municipality of Ayapango, State of Mexico, with an area of 11,491.55 square meters, with Federal Real Estate Registry number 15-14061-6, segregated from a federal property of greater extension with a total area of 14,405.29 square meters.
SECOND.- That the ownership of the property subject of this Agreement is accredited through the Declaratory with folio number 010/2019, published in the Official Gazette of the Federation on April 29, 2019, whereby it was declared that the federal property designated "Substation Juchitepec", with a total area of 14,405.29 square meters, where the property of interest is immersed, is part of the Federation's patrimony, registered in the Federal Public Property Registry under Real Folio number 146699/1 dated April 30, 2019,
THIRD.- That on October 7, 2015, the Record was celebrated in which was recorded the legal delivery of the assets subject of the contract referred to in the previous Consideration, carried out by the Federal Electricity Commission to the Secretariat of the Civil Service, through its then Decentralized Body, Institute of Administration and Appraisal of National Assets, who in turn, in the same legal act made the legal delivery to the Federal Electricity Commission of the real estate properties, lines for the conduction, distribution and supply of electrical energy and of the assets that for purposes of said Record are considered comprised in article 750 of the Federal Civil Code, specifically the property subject of this Agreement, identified with consecutive number 390, of its Annex 4 designated "436 REAL ESTATE PROPERTIES".
FOURTH.- That through official letter CFE-DIS-651 dated October 15, 2018 the then General Director of CFE Distribution, requested from the Institute of Administration and Appraisal of National Assets the contribution to its assets of the properties listed in the relationship designated "Properties coming from the liquidation of Light and Power of the Center requested in contribution by CFE Distribution and that it occupies in a shared manner", annexed to the official letter in question, to allocate them to the fulfillment of the purpose for which it was created, being said property in consecutive number 31.
FIFTH.- That on October 16, 2018 the Directorate of Management of Use of Properties attached to the General Directorate of Administration of Federal Real Estate Patrimony, ruled not to carry out the diffusion provided for in article 49 section II of the General Law on National Assets and in numeral 118 of the Agreement whereby provisions are established in Matter of Material Resources and General Services, because the property described in Consideration first of this Agreement will be subject of the disposition act provided for in article 84 section VI of the General Law on National Assets, therefore, it does not appear nor has it appeared as available in the Federal and Parastatal Real Estate Information System, in addition to not being suitable to be allocated to the service of any other Public Institution distinct from the one that has been using it.
SIXTH.- That in its 9th/18 Ordinary Session of the year 2018, celebrated on October 24, 2018, the Real Estate Utilization Committee through Agreement 102/18 CAI, approved by unanimity of votes the positive opinion for the deincorporation of 329 properties from the regime of the public domain of the Federation for their contribution to the assets of the Federal Electricity Commission and its Productive Subsidiary Companies, among them, the property subject of this Agreement; with the purpose that they continue using them in the fulfillment of the purpose for which they were created in the provision of electrical energy service; and the emission of the Opinion for Administration and/or Disposition Acts.
SEVENTH.- That on October 30, 2018, the General Directorate of Policy and Real Estate Management, attached to this Institute of Administration and Appraisal of National Assets, issued the Opinion of Non-Utility for Public Service number DAAD/2018/048, whereby it determined that the 329 properties subject of the opinion (including the property in question), are not of utility for public service, so they are subject to the administration and/or disposition acts contained in the Fifth Section of Chapter II of the General Law on National Assets.
EIGHTH.- That by official letter number 0879-C/0681 dated August 19, 2020, the National Institute of Fine Arts and Literature (INBAL), through the Directorate of Architecture and Conservation of Immovable Artistic Patrimony, informed that diverse properties, among them the property subject of this Agreement, identified in the relationship annexed to said official letter in consecutive number 75, are not included in the INBAL Relationship, of Properties with Artistic Value.
NINTH.- That through official letter number 401.4S.15-2020/1983 dated October 12, 2020, the National Institute of Anthropology and History, through the National Coordination of Historical Monuments, informed on the monumental quality that diverse properties hold, among them, the property subject of this Agreement, identified in consecutive number 74, in the relationship designated "Monumental Quality that the properties in the State of Mexico hold", annexed to said official letter, from which it is evident that it is not considered a historical monument, nor contiguous with any of these and is located outside the limits of a zone of historical monuments.
TENTH.- That the measures and boundaries of the property subject of this Agreement are recorded in the topographic plan elaborated at scale 1:500 by the Federal Electricity Commission, approved and registered by the Directorate of Public Registry and Real Estate Control, of the General Directorate of Policy and Real Estate Management of the Institute of Administration and Appraisal of National Assets, with number DRPCI/6993/15-14061-6/2021/T on October 14, 2021 and certified on October 15, 2021.
The topographic plan records a total area of 14,405.29 square meters, of which CFE Distribution has 11,491.55 square meters, composed of a real occupation area of 10,981.06 square meters and a shared access road area of 510.49 square meters, which will be contributed to its assets through this instrument, conserving the Federation a remaining fraction of 2,913.74 square meters.
ELEVENTH.- That the legal documentation was duly integrated and checked with that existing in the Federal and Parastatal Real Estate Information System.
TWELFTH.- That the General Directorate of Administration of Federal Real Estate Patrimony of this Institute, in accordance with that provided for by article 11, section V of its Regulations, knew and reviewed from the technical-legal point of view, the deincorporation from the regime of public domain of the Federation and the authorization of the contribution of the federal property subject of this Agreement. The legal and technical documentation that supports the legal and administrative situation of the property, as well as of this Agreement, exists in the procedural file integrated by said General Directorate.
That based on article 9 section XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit reviewed and issued a favorable opinion regarding this Agreement; so that based on the referred considerations and being purpose of the Federal Executive to give to the federal real estate patrimony the optimal use, I have seen fit to issue the following:
A G R E E M E N T
FIRST.- The federal property with an area of 11,491.55 square meters, designated "Substation Juchitepec", located at Tenango del Aire-Ayapango Highway, Kilometer 8, Town of Tlamapa, Postal Code 56767, Municipality of Ayapango, State of Mexico, with Federal Real Estate Registry number 15-14061-6 is deincorporated from the regime of public domain of the Federation and its contribution to the assets of CFE Distribution, productive subsidiary company of the Federal Electricity Commission, is authorized, so that it continues using it in the fulfillment of its purpose.
SECOND.- The Institute of Administration and Appraisal of National Assets will carry out in the name and representation of the Federation the corresponding acts to carry out the real estate operation that is authorized.
THIRD.- If CFE Distribution ceases to use the property whose contribution to its assets is authorized, gives it a use distinct from that established in this Agreement without the prior authorization of this Institute, or well, ceases to need it, said property with all its improvements and accessions will revert to the patrimony of the Federation. This condition must be inserted in the property title that is issued for this effect.
FOURTH.- The taxes, rights, fees and expenses that may arise with motive of the operation that is authorized will be covered by CFE Distribution.
FIFTH.- The Institute of Administration and Appraisal of National Assets in the scope of its attributes through the General Directorate of Administration of Federal Real Estate Patrimony, will watch the strict compliance of this Agreement.
SIXTH.- In order to formalize the contribution contract that is authorized, CFE Distribution commits to carry out the subdivision of the property at the opportune moment, always and when it does not contravene the local regulations applicable in the Federative Entity where the Federal Property is found; the above, since it is indispensable to maintain updated the information of the Inventory System of Federal and Parastatal Real Estate Patrimony, as well as the legal situation of the Federal Properties.
SEVENTH.- If within the following year to the entry into force of this Agreement, the corresponding contract to the real estate operation that is authorized has not been celebrated for causes attributable to CFE Distribution, determined by the Institute of Administration and Appraisal of National Assets, this Agreement will remain without effects, having to this Institute publish in the Official Gazette of the Federation an Agreement whereby this circumstance is made known, as well as notify it to the cited productive subsidiary company.
This Agreement will enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, on September 4, 2023.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Signature.
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