2024-04-25 | DOF 5724618

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Agreement Designating Federal Property C.E.R.E.S.O ESTATAL 3 to the Government of the State of Chihuahua

The Agreement of the Secretariat of Finance and Public Credit designates the federal property known as C.E.R.E.S.O ESTATAL 3, located in Juárez, Chihuahua, to the Government of the State of Chihuahua for continued use as the CERESO Tres facilities within the Bravos Judicial District. The State Government is obligated to maintain the property, cover associated costs, and obtain necessary permits for any construction or modification, while retaining only the right of use without acquiring ownership. If the property is used for a different purpose or abandoned without prior authorization from the Secretariat of Finance and Public Credit, it will be returned to the direct administration of the Institute of Administration and Appraisal of National Assets.

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DOF: 25/04/2024

AGREEMENT designating to the Government of the State of Chihuahua, the federal property known as C

At the margin, a seal with the National Emblem, which reads: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets .- DST-03/2024 .

AGREEMENT designating to the Government of the State of Chihuahua, the federal property described as " C.E.R.E.S.O ESTATAL 3 " with Federal Real Estate Registry 8-8923-7, with an area of 300,281.075 square meters, located at Calle Barranco Azul without number, Colonia Toribio Ortega, Postal Code 32675, Municipality of Juárez, State of Chihuahua.

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, with basis in what is established by articles 2 fraction I, 17, 26, 31 fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2 fractions II, IV, V, VI and VII, 3 fraction III, 4 paragraphs first and second, 6 fraction XXI, 11 fraction I, 13, 28 fractions I, III and VII, 29 fractions I and V, 61, 62, 66, 70 and 101 fraction V of the General Law of National Assets; 4, section G, fraction V, 48 and 49 of the Internal Regulation of the Secretariat of Finance and Public Credit; and 3 fractions VIII, IX and X, 4 fraction I, subsection a) and 6 fractions XXVI and XXXIII of the Regulation of the Institute of Administration and Appraisal of National Assets; I deem it appropriate to issue this agreement, taking into account the following:

CONSIDERING

FIRST. - That among the assets subject to the public domain regime of the Federation, the federal property known as " C.E.R.E.S.O ESTATAL 3 " with Federal Real Estate Registry 8- 8923-7, with an area of 300,281.075 square meters, located at Calle Barranco Azul without number, Colonia Toribio Ortega, Postal Code 32675, Municipality of Juárez, State of Chihuahua, is found.

SECOND. - That the ownership of the federal property described in the preceding Consideration forms part of a larger polygon with an area of 348-31-30-74 hectares within which the land fraction with an area of 300,281.075 square meters is located, situated south of Puente Alto, in Ciudad Juárez, State of Chihuahua, which was acquired by the then decentralized body Junta Federal de Mejoras Materiales de Ciudad Juárez Chihuahua, whose ownership is credited with Public Deed number 229 dated October 21, 1976, granted before Notary Public number 112 of the Federal District and Notary of the National Heritage, which is registered in the Public Registry of Federal Property under Folio Real 1214 dated August 31, 1979. Federal property that in accordance with what is established by article 3o. fraction IV of the General Law of National Assets then in force, was integrated into the private domain regime of the Federation, by virtue of the Decree published in the Official Gazette of the Federation on December 29, 1978, by which the liquidation of the Federal Boards of Material Improvements was ordered, and of the Declaration published in that same official dissemination organ on November 6, 1980, by which it was declared that various Federal Boards of Material Improvements had been dissolved having concluded their liquidation, among which is that of Ciudad Juárez, documents registered in the Public Registry of Federal Property under the real folios, 1214/2 and 1214/3, both dated January 16, 2006.

THIRD. - That Topographic Plan number F-1 prepared on a scale of 1:3,000, approved and registered by the Directorate of Public Registry and Real Estate Control, under number DRPCI/7241/8-8923-7/2024/T dated March 11, 2024 and certified on April 2, 2024, records the area, measurements and boundaries of the property subject of this Agreement.

FOURTH.- That by letter number 401.12C.6-2019/TSL/217 dated August 27, 2019, the Director of the INAH Center Chihuahua, stated that the property subject of this instrument, due to its architectural characteristics and time of construction, is not considered a Historical or Artistic Monument, nor is it adjacent to one.

FIFTH. - That by Land Use License with file number DGDU/DCP-3653/2019 dated November 22, 2019, the General Directorate of Urban Development of the Municipality of Juárez, State of Chihuahua, states that the property is considered with a Zoning of EP Public Equipment, and is feasible the land use license, by virtue of the request for the use in the development of the installations dedicated to: special installations-CERESO.

SIXTH. - That by letter number SSA/RPE-SH-0320/2022 dated March 04, 2022, the Government of the State of Chihuahua, requested that the Administrative Agreement of Destination of the federal property subject of this instrument be granted to it, to continue using it as the installations occupied by CERESO Tres of Ciudad Juárez, to form part of the Judicial Complex of the Bravos Judicial District.

SEVENTH. - That by letter number 0718-C/0587 dated May 20, 2022, the Director of Architecture and Conservation of Immovable Artistic Heritage of INBAL, informed that the property subject of this instrument does not have a Declaration of Artistic Monument, published through Decree published in the Official Gazette of the Federation.

EIGHTH. - That the General Directorate of Administration of Federal Real Estate Heritage of the Institute of Administration and Appraisal of National Assets, in accordance with what is provided by article 11 fraction V, of the Regulation of this Institute, knew and reviewed from a technical legal point of view, the act that is authorized. The legal and technical documentation supporting the legal and administrative situation of the property, as well as of this Agreement is in the procedural file integrated by said General Directorate and was duly integrated and collated with that which is in the Federal and Parastatal Real Estate Information System and Furthermore, and based on article 9 fraction XIV in relation to article 11, fraction V of the Regulation of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion procedent regarding this Agreement.

For the above and in accordance with the provisions established by articles 61, 62, 66 and 70 of the Law General of National Assets, and being the purpose of the Federal Executive the optimal use of the federal real estate heritage, prioritizing public institutions of the different levels of Government with federal properties for the provision of public services under their charge, I have deemed it appropriate to issue the following:

A G R E E M E N T

FIRST. - The federal property known as " C.E.R.E.S.O ESTATAL 3 " , located at street Barranco Azul without number, Colonia Toribio Ortega, Postal Code 32675, Municipality of Juárez, State of Chihuahua, and Federal Real Estate Registry 8-8923-7, is designated to the Government of the State of Chihuahua, to continue using it as the installations of CERESO Tres of Ciudad Juárez, to form part of the Judicial Complex of the Bravos Judicial District.

SECOND. - If the Government of the State of Chihuahua gives the federal property that is designated to it, a use different from that established by this Agreement, without the prior authorization of the Secretariat of Finance and Public Credit, through the Institute of Administration and Appraisal of National Assets; or if it ceases to use it or needs it, said asset with all its improvements and accessions will be withdrawn from its service to be administered directly by this Institute, in accordance with what is established in article 68 of the General Law of National Assets.

THIRD. - In case construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned in the designated property, prior to its realization, the Government of the State of Chihuahua, must manage before local and federal authorities, the obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH. - The Government of the State of Chihuahua, must guard and supervise the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that may arise in its case, as well as the corresponding insurance against damage to the property, in accordance with what is established in articles 32 fraction IV and 66 of the General Law of National Assets.

FIFTH. - The designation only confers on the Government of the State of Chihuahua, the right of use the designated property for the authorized use, but does not transmit ownership of it nor grants any real right over it, in accordance with what is established in article 70 of the General Law of National Assets.

SIXTH. - The Institute of Administration and Appraisal of National Assets, within the scope of its attributes, will supervise the strict compliance with this Agreement.

This Agreement will enter into force the day after its publication in the Official Gazette of the Federation.

Mexico City, on the 15th day of the month of April 2024 . - President of the Institute of Administration and Appraisal of National Assets , Víctor Julián Martínez Bolaños .- Rubric.

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