Agreement Designating Federal Property to the Municipality of Atoyac for Use as a Municipal Cemetery

DOF: 11/15/2024

AGREEMENT designating to the Municipality of Atoyac the federal property known as "Panteón Fracción 15 Atoyac," with an area of 91,155.25 square meters.

A logo appears at the margin, stating: Institute of Administration and Appraisal of National Assets.- DST-17/2024.

AGREEMENT designating to the Municipality of Atoyac the federal property known as "Panteón Fracción 15 Atoyac," with an area of 91,155.25 square meters, located at Calle Adolfo López Mateos number 345, Colonia Cruz Verde, Locality Villa General Miguel Alemán, Postal Code 94965, Municipality of Atoyac, State of Veracruz de Ignacio de la Llave, with Federal Real Estate Registry 30-26736-0.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the Ministry of Finance and Public Credit, based on the provisions of 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 Regulations of the Ministry 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 Regulations of the Institute of Administration and Appraisal of National Assets; and taking into account the following:

CONSIDERATIONS

FIRST.- That among the assets subject to the public domain regime of the Federation, is the federal property known as "Panteón Fracción 15 Atoyac," with an area of 91,155.25 square meters, with Federal Real Estate Registry 30-26736-0, located at Calle Adolfo López Mateos number 345, Colonia Cruz Verde, Locality Villa General Miguel Alemán, Postal Code 94965, Municipality of Atoyac, State of Veracruz de Ignacio de la Llave.

SECOND.- That the ownership of the federal property described in the preceding Consideration is accredited through "DECREE by which expropriation is carried out for cause of public utility, in favor of the Nation, of the shares, coupons and/or titles representing the capital or social parts of the companies listed below," among which is the Company known as "Ingenio El Potrero S.A.," published in the Official Gazette of the Federation on September 3, 2001, registered in the Federal Property Registry under Real Folio number 60626 on September 4, 2001; said Decree was formalized through Public Deed number 38,375, Volume CDLXIV, Tome I, dated November 5, 2005, granted before the notary of Licenciada Carla Rodríguez González, Notary Public attached to Notary Public Office number 17 of the Fourteenth Notarial District, in the absence of its Titular Licenciado Francisco Portilla Bonilla, registered in the Federal Property Registry under Real Folio number 60626/417 on October 11, 2024.

That through Public Deed number 44,359, Volume DCII, dated November 13, 2009, granted before the notary of Licenciada Silvia Olimpia Zamudio Cházaro, Notary Public attached to Notary Public Office number 17 of the State of Veracruz de Ignacio de la Llave, it was stated through testimonial information that the Company known as "Ingenio El Potrero S.A." is in possession of eleven land fractions, with a total area of 145-44-37.04 hectares, among which is the fraction "C," cultivation area with an area of 26-56-62-.48 hectares, registered in the Federal Property Registry under Real Folio number 60626/419 on October 11, 2024.

THIRD.- That topographic plan number P-T-04, prepared at a scale of 1:1750, approved and registered under number DRPCI/7272/30-26736-0/2024/T on May 6, 2024 and certified on May 10, 2024, by the Directorate of Public Registry and Real Estate Control attached to the General Directorate of Real Estate Policy and Management of this Institute of Administration and Appraisal of National Assets, reports the area, measurements and boundaries resulting from the topographic survey of the property subject to this Agreement, with an area of 91,155.25 square meters.

FOURTH.- That through letter with folio number 401.3S.17-2023/1814 dated October 6, 2023, the Director of the INAH Veracruz Center of the National Institute of Anthropology and History informed that "... After reviewing the antecedents of the property as a sugarcane cultivation area and the recognition of morphological and constructive characteristics of the adjacent properties and buildings, it is concluded ... IT IS NOT a zone of historical monuments and that within the urban settlement THERE ARE NO historical or artistic monuments".

FIFTH.- That through letter number 0235-C/0165 dated February 8, 2024, the Director of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature (INBAL), informed that the property subject to this Agreement, "... is not considered an Artistic Monument nor is it included in the INBAL List of Properties with Artistic Value ..."

SIXTH.-

That through letter number PRESIDENCIA/17/2024 dated March 4, 2024, the Municipal Mayor of Atoyac, of the State of Veracruz de Ignacio de la Llave, requested that the Administrative Agreement for the Destination of the federal property subject to this Agreement be issued, for the construction of a municipal cemetery.

SEVENTH.- That through Land Use Certificate, with letter number USO-2024-0004 dated March 11, 2024, the Director of Public Works of the Constitutional City Council of Atoyac, State of Veracruz de Ignacio de la Llave, stated that the property subject to this Agreement corresponds to Land Use "MIX Mixed".

EIGHTH.- That through Certificate of Alignment and Official Number dated March 26, 2024, the Coordinator of Cadastre of the Constitutional City Council of Atoyac, State of Veracruz de Ignacio de la Llave, stated that the property subject to this Agreement is located at Calle Adolfo López Mateos and Camino a la Esperanza, Colonia Cruz Verde, Locality Villa General Miguel Alemán, Municipality of Atoyac, State of Veracruz de Ignacio de la Llave, assigning it the official number 345.

NINTH.- That the General Directorate of Administration of Federal Real Estate Assets of the Institute of Administration and Appraisal of National Assets, in accordance with what is provided in article 11, fraction V, of the Regulations of this Institute, knew and reviewed from a technical-legal point of view the operation 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 compared with that held in the Federal and Para-State Real Estate Information System.

Likewise, based on article 9, fraction XIV in relation to article 11, fraction V of the Regulations of this Institute, the Legal Unit issued an opinion deeming the present Agreement appropriate.

Therefore, and in accordance with the provisions established in 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 federal real estate assets, 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 "Panteón Fracción 15 Atoyac," located at Calle Adolfo López Mateos number 345, Colonia Cruz Verde, Locality Villa General Miguel Alemán, Postal Code 94965, Municipality of Atoyac, State of Veracruz de Ignacio de la Llave, with Federal Real Estate Registry 30-26736-0, with an area of 91,155.25 square meters, is designated to the Municipality of Atoyac, for use as a municipal cemetery.

SECOND.- If the Municipality of Atoyac gives the federal property designated to it a use different from that established by this Agreement, without prior authorization from the Ministry of Finance and Public Credit, through the Institute of Administration and Appraisal of National Assets; or if it ceases to use or need 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 provided in article 68 of the General Law of National Assets.

THIRD.- In the event that construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned for the designated property, prior to their realization, the Municipality of Atoyac must apply to local and federal authorities for the obtaining of licenses, permits, authorizations or any other similar ones that are required.

FOURTH.- The Municipality of Atoyac must guard and monitor the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services, that, if any, 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 grants the Municipality of Atoyac the right to use the designated property for the authorized use, but does not transfer 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 Assets, will monitor the strict compliance with this Agreement.

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

Mexico City, November 6, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Rubric.

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