Agreement Designating the Federal Property 'Garita km 72 Samalayuca' to the National Institute of Migration — SHCP — MX

DOF: 06/09/2024

AGREEMENT designating to the National Institute of Migration, a Decentralized Administrative Body of the Ministry of the Interior, the federal property known as "Garita km 72 Samalayuca," with an area of 570,134.7800 square meters, located at Carretera Libre Panamericana 45 Samalayuca-Villa Ahumada Km 72, between Km 298 and 299, Postal Code 32800, Samalayuca, Municipality of Ahumada, State of Chihuahua, with Federal Real Estate Registry 8-8742-0.

A seal bearing the National Coat of Arms is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-11/2024.

AGREEMENT designating to the National Institute of Migration, a Decentralized Administrative Body of the Ministry of the Interior, the federal property known as "Garita km 72 Samalayuca,"

with an area of 570,134.7800 square meters, located at Carretera Libre Panamericana 45 Samalayuca-Villa Ahumada Km 72, between Km 298 and 299, Postal Code 32800, Samalayuca, Municipality of Ahumada, State of Chihuahua, with Federal Real Estate Registry 8-8742-0.

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:

CONSIDERING

FIRST.-

That among the assets subject to the public domain regime of the Federation, is the federal property known as "Garita km 72 Samalayuca," with Federal Real Estate Registry 8-8742-0, with an area of 570,134.7800 square meters, located at Carretera Libre Panamericana 45 Samalayuca-Villa Ahumada Km 72, between Km 298 and 299, Postal Code 32800, Samalayuca, Municipality of Ahumada, State of Chihuahua.

SECOND.- That the ownership of the federal property described in the preceding Consideration is evidenced by public deed number 504 dated May 18, 2005, granted before the notary public Licentiate María del Carmen Valenzuela Breach de Caballero, Titular of Notary Public Number 26 and of the Federal Real Estate Patrimony, in exercise for the District of Morelos, State of Chihuahua, through which the free, pure and simple donation granted by the Government of the State of Chihuahua, through the Ministry of Urban Development and Ecology in favor of the Federal Government, through the Ministry of the Public Function through the Institute of Administration and Appraisal of National Assets, destined to the Ministry of Finance and Public Credit for use by the General Administration of Customs, of the Tax Administration Service, a Decentralized Body of the Ministry of Finance and Public Credit, for the creation of the facilities that will occupy the customs section that will be installed in the donated area and which will be known as, "Customs of kilometer 72 seventy-two," which is registered in the Federal Property Public Registry under Folio Real number 89141 dated August 25, 2005.

THIRD.- That Topographic Plan number TOP-02-CHIH-JUÁREZ, prepared on a scale of 1:2500, approved and registered under number DRPCPF-3756-2011-T, on October 13, 2011, by the then Directorate of Public Registry and Federal Property Cadastre, and certified on March 26, 2024 by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Assets, records the area, measurements and boundaries resulting from the topographic survey of the property in question.

FOURTH.- That through letters numbers 401.3S.17-2024/TSL/035 and 401.4S.15-2024/0399 dated February 8 and 14, 2024, the Director of the INAH Center Chihuahua and the National Coordination of Historical Monuments of the National Institute of Anthropology and History, notified that the property subject of this instrument, "... is not considered a Historical Monument, nor borders any property of this category ...".

FIFTH.- That through letter number DAO198/D024 dated February 19, 2024, the Directorate of Architecture and Conservation of Immovable Artistic Heritage of INBAL, informed that the property subject of this Agreement, "... does not have a Declaration of Artistic Monument, published through Decree published in the Official Gazette of the Federation ...".

SIXTH.- That through letter number INM/DGA/1736/2024 dated July 11, 2024, the General Director of Administration and Real Estate Coordinator of the National Institute of Migration, requested that the Administrative Agreement of Destination of the federal property described in the First Consideration of this instrument be granted, to use it as a Migratory Station.

SEVENTH.-

That through Certificate of Nomenclature and Official Numbering number 560/2024 dated July 11, 2024, the Director of the Cadastre Department of the Municipality of Ahumada, State of Chihuahua, stated that the property is located at Carretera Libre Panamericana 45, between Km 298 and 299, Postal Code 32800, Municipality of Ahumada, State of Chihuahua.

EIGHTH.-

That through letter number 562/2024 dated July 11, 2024, the Municipal President of Ahumada, State of Chihuahua, granted the Land Use Consent with the activity of Migratory Station for the National Institute of Migration, regarding the federal property subject of this instrument.

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 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 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 "Garita km 72 Samalayuca," located at Carretera Libre Panamericana 45 Samalayuca-Villa Ahumada Km 72, between Km 298 and 299, Postal Code 32800, Samalayuca, Municipality of Ahumada, State of Chihuahua, with Federal Real Estate Registry 8-8742-0, with a land area of 570,134.7800 square meters, is designated to the National Institute of Migration, a Decentralized Administrative Body of the Ministry of the Interior, to use it as a Migratory Station.

SECOND.- If the National Institute of Migration 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 case construction, reconstruction, modification, adaptation, conservation, maintenance, repair and demolition works are planned for the designated property, prior to its realization, the National Institute of Migration must manage before local and federal authorities, the obtaining of licenses, permits, authorizations or any other similar that is required.

FOURTH.- The National Institute of Migration must guard and supervise the property, being obliged to cover the necessary expenses for its conservation and maintenance, and other inherent services that, in its 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 National Institute of Migration, the right to take advantage of the designated property for the authorized use, but does not transfer ownership of it, nor grants any real right over it, in accordance with 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 supervise the strict compliance of this Agreement.

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

Mexico City, August 29, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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