Agreement Designating Federal Property Polígono B Puerto Chiapas-SEDENA to the Secretariat of National Defense — SHCP — MX

DOF: 10/07/2024

AGREEMENT designating to the Secretariat of National Defense the federal property known as Polígono B Puerto Chiapas-SEDENA, with Federal Real Estate Registry number 7-16303-5, with an area of 1,049,799

A seal with the National Emblem is placed at the margin, which reads: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-08/2024.

AGREEMENT designating to the Secretariat of National Defense the federal property

denominated "Polígono B Puerto Chiapas-SEDENA", with Federal Real Estate Registry number

7-16303-5, with an area of 1,049,799.0840 square meters, located at Terraced Road

Kilometer 1.55 of the Federal Highway Puerto Madero Deviation 4 Milpas to Playa Linda, Postal Code

30839, Municipality of Tapachula, State of Chiapas.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS,

President of the Institute of Administration and Appraisal of National

Assets, Decentralized Administrative Organ of the Secretariat of Finance and Public Credit, with

basis in what is provided 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:

CONSIDERATIONS

FIRST. - That within the assets subject to the public domain regime of the Federation, the

federal property known as "Polígono B Puerto Chiapas-SEDENA" is found, with Federal Real Estate

Registry number 7-16303-5, with an area of 1,049,799.0840 square meters, located at Terraced Road

Kilometer 1.55 of the Federal Highway Puerto Madero Deviation 4 Milpas to Playa Linda,

Postal

Code 30839, Municipality of Tapachula, State of Chiapas.

SECOND. - That the ownership of the federal property described in the preceding Consideration is

accredited with Public Deed number two, volume one, dated December 20, 2023, granted before

the notary of Licentiate Josefina Elizabeth Montesinos Pérez, Holder of Public Notary Office number 49 (forty

nine) of the State of Chiapas and of the Federal Real Estate, through which it is made to appear

the

fusion of the rustic lands identified with numbers one to fifty-four, located on Highway to

Puerto Madero, deviation to Highway to the Naval Zone, Municipality of Tapachula, Chiapas.

Likewise, in the same act, the aforementioned rustic property is subdivided, relating to the fusion of properties with

general area of 5,234,273.56 square meters, resulting from said property the subdivision of three

land parcels, being the subject of this Agreement the Polygon "B", according to the area, measures

and boundaries as described below:

POLYGON "B": Rustic property identified as Polygon "B", located on Highway to Puerto Madero,

deviation to neighborhood road, Municipality of Tapachula, Chiapas, with an area of 1,049,799.084 m2 (one million

forty-nine thousand seven hundred ninety-nine meters point zero eighty-four millimeters square)

or its equivalent to 104-97-99.084 Has. (one hundred four hectares, ninety-seven ares, ninety-nine point

zero eighty-four centiares), which is registered in the Federal Property Public Registry under the

Real Folio number 156195 dated February 23, 2024.

THIRD. - That Topographic Plan number SB-DGRM-PCH-006, prepared at scale 1:5000,

approved, and registered on May 14, 2024, under number DRPCI/7287/7-16303-5/2024/T and certified on

May 30, 2024, by the Directorate of Public Registry and Real Estate Control, consigns the area,

measures and boundaries that resulted from the topographic survey, of the property in question, with an area of

1,049,799.0840 square meters.

FOURTH.

That through official letter number 401.4S.15-2023/1991 dated July 21, 2023, the

Subdirectorate of Catalog and Zones of the National Coordination of Historical Monuments of the Institute

National of Anthropology and History, made known that the property object of this Agreement, is not

a Historical Monument, does not border a Historical Monument and is not within a Zone of

Historical Monuments.

FIFTH. - That through official letters number 1155-C/0853 dated July 21, 2023, the Directorate of Architecture and

Conservation of Inmuable Artistic Heritage of the National Institute of Fine Arts and Literature, informed that

the property object of this Agreement, is not considered as an artistic monument or of artistic value.

SIXTH. - That through official letters numbers 2328/33237/CI-PRE., 1659/18630/ CI-PRE and 2163/24458/CI-PRE of

dates July 24, 2023, April 21 and May 23, 2024, the General Director of Engineers and

Real Estate Responsible of the Secretariat of National Defense, requested the designation of the property described in

the First Consideration of this Agreement, to be used in military activities; stating that, within

the military activities, there is an ecological protection area, which within its functions corresponds to it, plan, coordinate and supervise activities in matters of ecological protection, aimed at supporting the Government of the Republic and Federal Entities of the country in the tasks of

preservation and improvement of the environment, reforestation of compact and common areas, treatment

of waste with environmental impact and the increase of knowledge of ecology and the environment by

the members of the armed Institute; therefore, it will continue to give the land use seasonal annual and

permanent that the federal property currently has.

SEVENTH. - That through official letter number SEDURBE/DDU/CONURBA/0650/2024 dated April 11, 2024,

the Secretariat of Urban Development and Ecology of the H. City Council of Tapachula, grants a

Land Use Certificate, in which it is considered a Land Use of Seasonal Annual and Permanent Agriculture.

EIGHTH.- That through official letter number SEDURBE/DDU/CONURBA/0651/2024 dated April 11, 2024,

the Secretariat of Urban Development and Ecology of the H. City Council of Tapachula, granted official number

to the property located at Terraced Road with exit to Federal Highway Puerto Madero Deviation 4

Milpas to Playa Linda Km 1.55, Municipality of Tapachula, State of Chiapas.

NINTH. -

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 operation that is

authorized. The legal and technical documentation that supports 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

properly compared with that which is in the Federal and Parastatal Real Estate Information System

and. Likewise, based on article 9 fraction XIV in relation to article 11, fraction V of the

Regulation of the Institute, the Legal Unit issued an opinion regarding this Agreement.

Therefore, and in accordance with the provisions established by articles 61, 62, 66 and 70 of the

General Law of National Assets, and being the purpose of the Federal Executive the optimal use of the

federal real estate heritage, prioritizing public institutions of 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:

AGREEMENT

FIRST. - The federal property known as "Polígono B Puerto Chiapas-SEDENA", located

at Terraced Road Kilometer 1.55 of the Federal Highway Puerto Madero Deviation 4 Milpas to Playa

Linda, Postal Code 30839, Municipality of Tapachula, State of Chiapas, with Federal Real Estate Registry

number 7-16303-5, with an area of 1,049,799.0840 square meters, is designated to the Secretariat of National

Defense, to be used in military activities.

SECOND. - If the Secretariat of National Defense gives the federal property designated to it, a use

different from that established by this Agreement, without prior authorization from 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 service to be administered

directly by this Institute, in accordance with what is provided 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 Secretariat of National Defense, must manage before local and federal authorities the

obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH. - The Secretariat of National Defense, must guard and supervise the property, remaining

obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services

that, in their case, are generated, as well as the corresponding insurance against damage to the property, in accordance with what is provided in articles 32 fraction IV and 66 of the General Law of National Assets.

FIFTH. - The designation only confers upon the Secretariat of National Defense, the right of

use the designated property for the authorized use, but does not transfer the ownership of it, nor grants

any real right over it, in accordance with what is provided 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,

through the General Directorate of Administration of Federal Real Estate Heritage, will supervise the strict

compliance of this Agreement.

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

Mexico City, on the 26th day of the month of June 2024. - President of the Institute of Administration and

Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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