Agreement Designating the Federal Property Known as the Angel of Independence to the Government of Mexico City

DOF: 10/12/2024

AGREEMENT by which the federal property known as the Angel of Independence or Independence Column is designated to the Government of Mexico City, with an area of 3,810.83 square meters

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- DST-16/2024.

AGREEMENT by which the federal property

denominated "Angel of Independence or Independence Column", with an area of 3,810.83

square meters, located at Avenida Paseo de the Reforma without number, Colonia Juárez,

Postal Code 06600, Cuauhtémoc Borough, Mexico City, with Federal Real Estate Registry number 9-71344-7.

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 fractions 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 "Angel of Independence or Independence Column", with an area of 3,810.83 square meters, with Federal Real Estate Registry number 9-71344-7, located at Avenida Paseo de the Reforma without number, Colonia Juárez, Postal Code 06600, Cuauhtémoc Borough, Mexico City.

SECOND.- That the federal property described in the Consideration that precedes, is a public domain asset of the Federation, declared an Artistic Monument through "Decree by which the Independence Column is declared an Artistic Monument, including all components adhered to its construction", dated April 30, 1987, published in the Official Gazette of the Federation on May 4, 1987.

THIRD.- That topographic plan number DGPI PT076-CH/2023, prepared at a scale of 1:500, approved and registered under number DRPCI/7360/9-71344-7/2024/T dated September 25, 2024, and certified on September 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 the Plan of Alignments and Right-of-Way Rights, Sheet number 101, scale 1:2000, Projection NAD-27, Horizontal Datum U.T.M. Zone 14, dated February 2023, states in its notes section that, "THIS PLAN IS THE LEGAL DOCUMENT THAT CERTIFIES THE SITUATION OF A PROPERTY WITH RESPECT TO THE ROADS THAT DELIMIT IT AND THE LOTTING INDICATED IN THIS DOCUMENT IS ONLY INDICATIVE AND DOES NOT PREJUDGE THE FORM AND AREA OF THE SAME."

FIFTH.- That according to the Land Use Normativity, issued by the Geographic Information System of the Ministry of Urban Development and Housing of the Government of Mexico City, which is an online consultation tool for land use in the territory of Mexico City, the property described in the First Consideration of this Agreement is located in Areas of Patrimonial Conservation, which, "... are the perimeters where specific norms and restrictions apply in order to safeguard their appearance; to conserve, maintain and improve the architectural and environmental heritage, the urban image and the characteristics of the layout and functioning of neighborhoods, historic or typical streets, archaeological or historical sites and their protective environments, monuments and all those elements that without being formally cataloged deserve protection in their conservation and consolidation."

Likewise, the Land Use Normativity states that the characteristic of the property subject to this instrument is "Property affected to the urban cultural heritage of historical value by the National Institute of Anthropology and History, of artistic value by the National Institute of Fine Arts and of patrimonial value by the Ministry of Urban Development and Housing within the polygons of Area of Patrimonial Conservation."

SIXTH.- That by letter number SGPAI/2576/2023 dated September 14, 2023, the Deputy General Director of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature (INBAL), submitted to the General Director of Real Estate Heritage of the Government of Mexico City that, "... the property known as the Independence Column (also Angel of Independence) located at Paseo de la Reforma avenue without number, Colonia Juárez, Cuauhtémoc Borough; is an Artistic Monument through the Decree published in the Official Gazette of the Federation on May 4, 1987. "

Furthermore, it stated that this Institute, "... has no objection to the Artistic Monument known as the Independence Column (also Angel of Independence) being designated in favor of Mexico City; provided that the requirements and conditions mandated by the applicable provisions in this matter are met and its use is preserved, with the sole objective of its preservation as immovable artistic cultural heritage, legacy of the people of Mexico.

If appropriate and if the Independence Column is designated in favor of Mexico City, any intervention must have the authorization of the National Institute of Fine Arts and Literature"

SEVENTH.- That by letter number SAF/DGPI/1818/2023 dated September 14, 2023, the General Director of Real Estate Heritage of the Government of Mexico City, requested the Institute of Administration and Appraisal of National Assets to issue the Administrative Agreement for the Designation of the federal property described in the First Consideration of this Agreement, so that it continues to fulfill the tasks of preservation, rescue, dissemination and enrichment of the cultural, historical and artistic heritage of Mexico City.

EIGHTH.- That by Physical, Legal, Administrative and Provisional Handover Act dated September 15, 2023, the Ministry of Finance and Public Credit, through its Decentralized Administrative Body, the Institute of Administration and Appraisal of National Assets, provisionally delivered the federal property subject of this Agreement to the Government of Mexico City.

NINTH.- That by letter number 401.4S.15-2023/2628 dated September 19, 2023, the National Coordinator of Historical Monuments of the National Institute of Anthropology and History, made known to the General Director of Real Estate Heritage of the Government of Mexico City that, the property subject of this Agreement, "... is not considered a Historical Monument, does not border a Historical Monument and is not located within a declared Zone of Historical Monuments, so it is not subject to the jurisdiction and competence of this Institute. "

TENTH.- 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 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 to 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 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 "Angel of Independence or Independence Column", located at Avenida Paseo de the Reforma without number, Colonia Juárez, Postal Code 06600, Cuauhtémoc Borough, Mexico City, with Federal Real Estate Registry number 9-71344-7, with an area of 3,810.83 square meters, is designated to the Government of Mexico City, so that it continues to fulfill the tasks of preservation, rescue, dissemination and enrichment of the cultural, historical and artistic heritage of Mexico City.

SECOND.- If the Government of Mexico City 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 on the designated property, prior to their realization, the Government of Mexico City must apply to local and federal authorities for the obtaining of licenses, permits, authorizations or any other similar that is required, (specifically before INBAL as it is a property declared as an Artistic Monument through the Decree of April 30, 1987, published in the Official Gazette of the Federation on May 4, 1987).

FOURTH.- The Government of Mexico City must guard and supervise the 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 grants the Government of Mexico City 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 Heritage, will supervise 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, on the 27th day of the month of September 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños .- Rubric.

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