2025-02-11 | DOF 5748791

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Agreement Designating Federal Property to the Secretariat of the Navy

The Agreement designates a federal property known as "Campo Militar No. 20-B" in Tecomán, Colima, with an area of 60,935.64 square meters, to the Secretariat of the Navy for continued use as Marine Infantry Battalion Number 18 and complementary naval installations. The Secretariat of the Navy is obligated to maintain custody, cover conservation costs, and obtain necessary permits, while retaining only the right to use the property without acquiring ownership. If the designated use changes or ceases without prior authorization from the Ministry of Finance and Public Credit, the property will be withdrawn from service and administered directly by the Institute of Administration and Appraisal of National Assets.

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DOF: 11/02/2025

AGREEMENT DESIGNATING THE FEDERAL PROPERTY KNOWN AS "MILITARY BASE NO. 20-B" TO THE SECRETARIAT OF THE NAVY

A national seal appears on the margin, which reads: United Mexican States.- Treasury.- Secretariat of Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-05/2025.

AGREEMENT BY WHICH THE FEDERAL PROPERTY KNOWN AS "MILITARY BASE NO. 20-B" GRAL. DIV. RAMÓN DE LA R. DE LA VEGA (TECOMÁN, COL.), WITH AN AREA OF 60,935.64 SQUARE METERS, SEGREGATED FROM A LARGER PROPERTY, LOCATED AT BOULEVARD MIGUEL DE LA MADRID NUMBER 758, PLAYA AZUL NEIGHBORHOOD, MANZANILLO MUNICIPALITY, POSTAL CODE 28218, STATE OF COLIMA, WITH FEDERAL REAL ESTATE REGISTRY 6-1137-0, IS DESIGNATED TO THE SECRETARIAT OF THE NAVY.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, an Administrative Decentralized Body of the Secretariat of Treasury 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 Secretariat of Treasury 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, there is the federal property known as "Military Base No. 20-B" Gral. Div. Ramón de la R. de la Vega (Tecomán, Col.), with an area of 60,935.64 square meters, segregated from a larger property, with Federal Real Estate Registry 6-1137-0, located at Boulevard Miguel de la Madrid number 758, Playa Azul Neighborhood, Manzanillo Municipality, Postal Code 28218, State of Colima.

SECOND.- That the ownership of the fraction of the federal property described in the preceding Consideration is accredited by an Expropriation Decree dated July 12, 1961, published in the Official Gazette of the Federation on August 22, 1961, through which the surface area of 129-52-38-32 hectares of the ejido of the settlement, Colonia del Pacífico, in the Municipality of Manzanillo, State of Colima, was expropriated in favor of the Junta of Material Improvements of the City of Manzanillo, which is registered in the Federal Public Property Registry under Folio Real number 5163 dated August 5, 1981.

That by Decree dated December 27, 1978, published in the Official Gazette of the Federation on December 29, 1978, the Liquidation of the Federal Juntas of Material Improvements was ordered, which, in its article 7°, establishes that, "All those public services, works and installations that could not be transferred to the municipalities, because they do not correspond to their jurisdiction or are not accepted by said governments, shall pass to be administered by the dependencies or entities of the Federal Public Administration that correspond."

THIRD.- That topographic plan number RN-10/01/2023, prepared on a scale of 1:1000, approved and registered on May 23, 2023, under number DRPCI/7167/6-1137-0/2023/T and certified on May 24, 2023, by the Directorate of Public Registry and Real Estate Control attached to the General Directorate of Policy and Real Estate Management of the Institute of Administration and Appraisal of National Assets, records the surface area, measurements and boundaries of the property subject to this Agreement.

FOURTH.- That by Administrative Act dated June 11, 2014, the physical and legal delivery made by the Secretariat of National Defense to the Institute of Administration and Appraisal of National Assets was recorded, who received and in turn physically and legally delivered to the Secretariat of the Navy the property subject to this Agreement, for use and benefit in compliance with its functions or purposes, which is registered in the Federal Public Property Registry under Folio Real 5163/3 dated May 21, 2021.

FIFTH.- That by letter number DGDUMA.0189.2021 dated February 3, 2021, the General Director of Urban Development and Environment of the Honorable Ayuntamiento of Manzanillo, State of Colima, communicated that the property subject to this Agreement,

"...is located within the polygon of application of the UPDATE OF THE URBAN DEVELOPMENT PROGRAM OF THE POPULATION CENTER OF MANZANILLO, COLIMA, published in the official newspaper 'El Estado de Colima' on February 21, 2015 and, that according to the Zoning strategy of said urban planning instrument, the property is located as EQUIPMENT (sic) SPECIAL (EE) WITH ACTIVITY FOR MILITARY INSTALLATIONS AND BARRACKS".

SIXTH.- That by Alignment Certificate and Official Number with folio number 0308/2021 dated February 4, 2021, the General Director of Urban Development and Environment of the Municipality of Manzanillo, State of Colima, determined that the property subject to this Agreement is located at Boulevard Miguel de la Madrid, Playa Azul Neighborhood, in the Municipality of Manzanillo, State of Colima, assigning it the official number 758.

SEVENTH.- That by letter number DRM-SCBI-DRIIN/2119 dated May 18, 2022, the Deputy General Director of Supply of the Secretariat of the Navy requested the issuance of the Administrative Agreement for the Destination of the federal property subject to this Agreement, to continue using it as "Marine Infantry Battalion Number 18 and Complementary Naval Installations"; likewise, he stated "Under oath of telling the truth, for the purposes of compliance with the provisions of fraction V of article 62 of the General Law of National Assets, I make you aware that considering the documentary background of the file available, the age of the property in question, and its architectural configuration, it is considered that it does not have the characteristics established in the Law of the Matter, to be considered a Historical or Artistic Monument", in accordance with what is established in criterion number 2/2011 issued by the Committee of Federal and Para-state Real Estate Heritage, published in the Official Gazette of the Federation on January 19, 2012.

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 for in article 11, fraction V, of the Regulations of this Institute, knew and reviewed from a technical-legal point of view, the operation authorized. The legal and technical documentation supporting the legal and administrative situation of the property, as well as of this Agreement, is in the processing file integrated by said General Directorate and was duly compared with that in the Federal and Para-state Real Estate Information System. Likewise, based on article 9, fraction XIV in relation with article 11, fraction V of the Institute's Regulations, the Legal Unit issued an opinion regarding the procedency of this Agreement.

For the above reasons and in conformity with the provisions established in articles 61, 62, 66 and 70 of the General Law of National Assets, and since it is the purpose of the Federal Executive to optimize the use of 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 "Military Base No. 20-B" Gral. Div. Ramón de la R. de la Vega (Tecomán, Col.), located at Boulevard Miguel de la Madrid number 758, Playa Azul Neighborhood, Manzanillo Municipality, Postal Code 28218, State of Colima, with Federal Real Estate Registry 6-1137-0, with an area of 60,935.64 square meters, is designated to the Secretariat of the Navy, so that it continues to use it as Marine Infantry Battalion Number 18 and Complementary Naval Installations.

SECOND.- If the Secretariat of the Navy gives the federal property designated to it a use different from that established by this Agreement, without prior authorization from the Secretariat of Treasury 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 case construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned for the designated property, prior to their realization, the Secretariat of the Navy must manage before local and federal authorities the obtaining of licenses, permits, authorizations or any other similar ones that are required.

FOURTH.- The Secretariat of the Navy must guard and watch over the federal property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that may arise, 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 the Navy the right to take advantage of the designated federal property for the authorized use, but does not transmit 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 powers, through the General Directorate of Administration of Federal Real Estate Heritage, will monitor 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, January 30, 2025.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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