Agreement Designating the Federal Property 'Irrigation 102-A' to the Secretariat of the Countryside of the Government of the State of Guanajuato

DOF: 06/02/2025

AGREEMENT by which the Federal Property designated "Irrigation 102-A", with an area of 8,707.00 square meters, segregated from a larger property, located at Avenida Irrigación number 102-A interior 4, Colonia Zona Centro (Monte Camargo), Municipality of Celaya, Postal Code 38010, State of Guanajuato, with Federal Real Estate Registry 11-11405-5, is designated to the Secretariat of the Countryside of the Government of the State of Guanajuato.

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Treasury.- Secretariat of Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.

DST-03/2025

AGREEMENT BY WHICH THE FEDERAL PROPERTY DESIGNATED "IRRIGATION 102-A", WITH AN AREA OF 8,707.00 SQUARE METERS, SEGREGATED FROM A LARGER PROPERTY, LOCATED AT AVENUE IRRIGATION NUMBER 102-A INTERIOR 4, COLONIA ZONA CENTRO (MONTE CAMARGO), MUNICIPALITY OF CELAYA, POSTAL CODE 38010, STATE OF GUANAJUATO, WITH FEDERAL REAL ESTATE REGISTRY 11-11405-5, IS DESIGNATED TO THE SECRETARIAT OF THE COUNTRYSIDE OF THE GOVERNMENT OF THE STATE OF GUANAJUATO.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Autonomous Administrative 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:

CONSIDERING

FIRST.- That among the assets subject to the public domain regime of the Federation, is the federal property designated "Irrigation 102-A", with an area of 8,707.00 square meters, with Federal Real Estate Registry 11-11405-5, segregated from a larger property, located at Avenida Irrigación number 102-A interior 4, Colonia Zona Centro (Monte Camargo), Municipality of Celaya, Postal Code 38010, State of Guanajuato.

SECOND.- That the ownership of the fraction of the federal property referred to in the preceding Consideration is accredited by public deed number 1,574, Volume Tenth, dated March 19, 1966, granted before the notary of Licenciado Francisco Ramírez Maldonado, Public Notary Number 6, of the State of Guanajuato, through which the donation contract regarding an area of 33,155.34 square meters was recorded, which was celebrated, on the one hand by the Constitutional City Council of Celaya, Guanajuato, as donor, and the Federal Government, through the then Secretariat of Hydraulic Resources as donee, which is registered in the Federal Property Registry under Folio Real number 3662, dated April 12, 1985.

THIRD.- That topographic plan number 1, prepared at a scale of 1:750, approved and registered on June 10, 2022, under number DRPCI/7091/11-11405-5/2022/T, and certified on June 14, 2022, 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 of the property subject to this Agreement; noting in its notes table that, "... IT IS IMPORTANT TO NOTE THAT IN SAID DOCUMENTS, TECHNICAL DATA SUCH AS DIMENSIONS, BEARINGS AND/OR COORDINATES ARE NOT SPECIFIED, IT ONLY RECORDS BOUNDARIES AND THE AREA OF 33,155.34 M2, SO IT IS NOT POSSIBLE TO RECONSTRUCT THE TOTAL POLYGON, HOWEVER THE AREA OF 8,707.00 M2 CORRESPONDS TO A FRACTION THAT IS PART OF SAID LARGER AREA, SO THE PROPERTY DOES NOT LOSE ITS IDENTITY WITH RESPECT TO ITS PREDECESSOR AND APPROVED PLAN WITH NUMBER DRPCI- 4071-2012-T, DATED MAY 24, 2012. "

FOURTH.- That by official letter number 109/DGDU-CDU/2014 dated February 28, 2014, the General Director of Urban Development of the City Council of Celaya, State of Guanajuato, concluded that, to the property subject to this Agreement, the official number is assigned, Calle Avenida Irrigación number 102-A, Interior 4, Colonia Zona Centro (Monte Camargo), Municipality of Celaya, State of Guanajuato.

FIFTH.- That by official letter number DS/655/2023 dated April 14, 2023, the then Secretary of Agricultural and Rural Development of the State of Guanajuato, requested that the federal property subject to this Agreement be designated in favor of that Secretariat, with the purpose of housing the offices of the then Secretariat of Agricultural and Rural Development of the State of Guanajuato.

SIXTH.- That by official letter number 401.3S.4.1-2019/1045.3 dated August 21, 2019, the Director of the INAH Guanajuato Center of the National Institute of Anthropology and History, notified that, "Following the analysis of the file presented for evaluation and the visit made to the site by personnel of this Institute, the following emerges, within the property there is a section of an aqueduct, also known as "shower" and that contains some architectural characteristics such as, the materials and construction systems characteristic that place it temporarily in the 19th century and early 20th century and therefore make it suppose that it is a Historical Monument by fitting into the Federal Law on Archaeological, Artistic and Historical Monuments and Zones, particularly in article 36, as it is a civil work of relevant character ... "

SEVENTH.- That by official letter number 0646/US/DGDU/2019 dated October 7, 2019, the General Director of Urban Development of the City Council of Celaya, State of Guanajuato, informed that the property subject to this Agreement, "... are located in an area considered as EQUIPMENT, where the business of "GOVERNMENT OFFICES" is considered PERMITTED, as stated in the Municipal Program of Urban Development and Ecological Territorial Ordering of Celaya Gto. 2015-2040, together with the Normative for Compatibility between Land Uses and Destinations and Established Businesses ... " (sic)

EIGHTH.- That by official letter number 1523-C/1185 dated October 5, 2022, the Director of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature, informed that the property subject to this Agreement, is not considered as an artistic monument or of artistic value.

NINTH.- That by official letter DS-1851-2024 dated October 9, 2024, the Secretariat of the Countryside of the Government of the State of Guanajuato informed that, the Secretariat of Agricultural and Rural Development changed its name to Secretariat of the Countryside, and reiterates its request that the designation of the federal property subject to this Agreement be granted in favor of that Secretariat.

TENTH.- 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 for 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 that supports the legal and administrative situation of the federal property, as well as of this Agreement, is in the processing file integrated by said General Directorate and was duly compared with that which is in the Federal and Para-statal Real Estate Information System. Likewise, based on article 9 fraction XIV in relation to article 11, fraction V of the Institute's Regulations, the Legal Unit issued an opinion proceeding with respect to 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 designated "Irrigation 102-A", located at Avenida Irrigación number 102-A, interior 4, Colonia Zona Centro (Monte Camargo), Municipality of Celaya, Postal Code 38010, State of Guanajuato, with Federal Real Estate Registry 11-11405-5, with an area of 8,707.00 square meters, is designated to the Secretariat of the Countryside of the Government of the State of Guanajuato, to continue using it as offices.

SECOND.- If the Secretariat of the Countryside of the Government of the State of Guanajuato, gives the federal property designated to it, a use different from that established by this Agreement, without the prior authorization of 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 in the designated property, prior to their realization, the Secretariat of the Countryside of the Government of the State of Guanajuato, must manage before local and federal authorities the obtaining of licenses, permits, authorizations or any other similar that is required, (specifically before the National Institute of Anthropology and History, by presuming to be a Historical Monument by determination of the Law).

FOURTH.- The Secretariat of the Countryside of the Government of the State of Guanajuato, 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 to the Secretariat of the Countryside of the Government of the State of Guanajuato, the right to take advantage of the designated property for the authorized use, but does not transmit 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 in 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, January 27, 2025.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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