2024-07-10 | DOF 5732894Added · Updated
The Agreement of the Institute of Administration and Appraisal of National Assets designates the federal property known as Polígono B Puerto Chiapas-SEDENA, covering 1,049,799.0840 square meters in Tapachula, Chiapas, to the Secretariat of National Defense for military activities. The Secretariat is obligated to maintain the property, cover associated costs, obtain necessary construction permits, and insure the asset, while retaining only the right to use the property without acquiring ownership. If the property is used for a different purpose or becomes unnecessary without prior authorization from the Secretariat of Finance and Public Credit, it will be withdrawn from service and administered directly by the Institute.
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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