2024-05-24 | DOF 5728403Added · Updated
The agreement designates the ground floor of the federal property known as Ex Ateneo Peninsular, located in Mérid, Yucatán, to the National Institute of Anthropology and History (INAH) for research, protection, conservation, restoration, and dissemination of national cultural heritage. INAH is authorized to use the space but does not acquire ownership, must cover maintenance and insurance costs, and must obtain necessary permits for any construction or modification. If INAH ceases use or changes the designated purpose without prior authorization from the Ministry of Finance and Public Credit, the property will be withdrawn and administered directly by the Institute of Administration and Appraisal of National Assets. INAH must also allow access to the upper floor, which remains designated for the State Government of Yucatán.
DOF: 24/05/2024
AGREEMENT by which the ground floor of the federal property known as Ex Ateneo Peninsular, which has Federal Real Estate Registry 31-11494-7, and a total land area of 6,532.956 square meters, located at Calle 60 number 502-B, Block I, Quarter I, Historic Center of the City of Mérida, Postal Code 97000, Municipality of Mérida, State of Yucatán, is designated to the National Institute of Anthropology and History, a Decentralized Administrative Body of the Ministry of Culture.
A seal bearing the National Coat of Arms is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.
DST-05/2024
AGREEMENT by which the ground floor of the federal property
denominated "Ex Ateneo Peninsular", which has Federal Real Estate Registry 31-11494-7,
and a total land area of 6,532.956
square meters, located at Calle 60 number 502-B,
Block I, Quarter I, Historic Center of the City of Mérida, Postal Code 97000, Municipality of
Mérida, State of Yucatán, is designated to the National Institute of Anthropology and History,
a Decentralized Administrative Body of the Ministry of Culture.
VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the Ministry 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 Ministry of Treasury and Public Credit; and 1, 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;
I deem it appropriate to issue this agreement, taking into account the following:
CONSIDERATIONS
FIRST.- That within the assets subject to the public domain regime of the Federation, is the ground floor of the federal property known as "Ex Ateneo Peninsular", with an area of
6,532.956
square meters and Federal Real Estate Registry 31-11494-7, located at Calle 60 number 502-B,
Block I, Quarter I, Historic Center of the City of Mérida, Postal Code 97000, Municipality of Mérida,
State of Yucatán.
SECOND.- That for the property described in the preceding Consideration, ownership is accredited with the voluntary jurisdiction proceedings approved for its nationalization by the Citizen District Judge in the State of Yucatán, on February 28, 1928, and registered in the Federal Public Property Registry under real folio number 10052 on March 31, 1982, which corresponds to a fraction of the aforementioned property for an area of 4,684.29 square meters. Regarding the fraction with an area of 1,543.464 square meters, the Federation exercises possession.
THIRD.- That by Secretarial Agreement of Destination dated June 15, 1994, published in the Official Gazette of the Federation on July 1, 1994, "... the property known as Ex-Ateneo Peninsular or Ex-Archbishopric, with an area of 4,933.87 m2, located at number 502-B on Calle 60, in front of the Independence Plaza, block I, Quarter I, in the Municipality of Mérida, Yuc., is designated for the service of the Government of the State of Yucatán, with the exception of the areas occupied by commercial premises, in order that it continue to be used in the development of educational and cultural activities aimed at fostering the cultural heritage of the Yucatecan people. "
FOURTH.- That topographic plan number 1/1 prepared at a scale of 1:300, approved and registered under number DRPCI/31-11494-7/5971/2017/T, on March 30, 2017 and certified on October 17, 2018, by the Directorate of Public Registry and Real Estate Control, records the area, measurements and boundaries resulting from the topographic survey of the property in question, with an area of 6,532.956 square meters; stating that, with an accredited area of 4,684.29 square meters, however, this area is only comparable with the area occupied by the foundation of the building referred to as included in the antecedent.
The result of the polygon elaborated based on the approximate reconstruction in its best adjustment, with the information contained in the aforementioned property antecedent, is an area of 5,342.024 square meters, however, it is evident that with the dimensions described in the document, comparatively with the updated measurements in the topographic survey of the property, there is a measurement error, this may be derived from the instruments used and/or possibly from a human error, this because the construction of the physical and historical building is fully identified due to its architectural and topographic construction system, likewise, these boundaries indicated are identified both physically and in historical plans, for the above, it is specified that with the differences in the calculations obtained, the federal property does not lose its identity.
The area of 5,342.024 square meters, presents an affectation for roadway and sidewalk of 352.596
square meters, resulting in an area of 4,989.492 square meters, which added to the area in possession of 1,543.464 square meters, yields the total area of the property: 6,532.956 square meters.
FIFTH -
That by letters numbers 401. 2C.4-2021/400, 401.2C.7-2022/0420 and 401.2C.7-2022/ 0698, dated April 29, 2021, March 2 and April 19 both of 2022, the National Institute of Anthropology and History, a Decentralized Administrative Body of the Ministry of Culture, requested the designation of the property described in the First Consideration of this Agreement, in order to develop the functions of research, protection, conservation, restoration and dissemination of the Cultural Heritage of the Nation.
SIXTH.-
That by Physical, Legal and Administrative Handover Act dated May 7, 2021, the
Institute of Administration and Appraisal of National Assets, a Decentralized Administrative Body of the
Ministry of Treasury and Public Credit, made physical, legal, administrative and provisional delivery of the
ground floor of the federal property to the Ministry of Culture through its Decentralized Administrative
Body, the National Institute of Anthropology and History, who receives provisional possession,
until it gathers the necessary documentation for the issuance of the administrative
agreement that formally designates it for its service, registered in the Federal Public Property Registry
under Real Folio number 10052/22 dated June 10, 2021.
SEVENTH.-
That by letter number DDU/SGC/DUS/005-2021 dated September 29, 2021, the
Urban Development Directorate of the Honorable City Council of Mérida, State of Yucatán, authorized the Land Use
for a Cultural Museum, since it corresponds to a zone classified as "Historic Monuments Zone (ZMH), on a
City Road Type A, the Land Use and Destination Table, establishes that the use MUSEUM classified as MEDIUM IMPACT EQUIPMENT".
EIGHTH.-
That by letter number 401.2C.7-2021/DJ-1690 dated December 10, 2021, the
Directorate of the INAH Center Yucatán, informed that the property subject of this Agreement, due to its
location in the foundational trace of the City, historical relevance, architectural quality and age of the
property, is considered a Historical Monument according to the federal decree by which a Zone of
Historic Monuments is declared in the City of Mérida, Yucatán, published in the Official Gazette of the Federation on the day
October 18, 1982.
NINTH.- That by letter number 0754-C/0608 dated May 26, 2022, the Directorate of
Architecture and Conservation of Immovable Artistic Heritage of INBAL, informed that, the property subject of the
present instrument, due to the architectural and constructive characteristics it presents of Eclectic style
architecture and its construction period, is included in the Relationship of said Institute of
properties with Artistic Value.
TENTH.-
That the General Directorate of Administration of Federal Real Estate Assets of this
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 property, as well as of this Agreement, is in the processing file integrated by said General
Directorate and was duly integrated and compared with that in the Federal and Parastatal Real Estate Information System.
Likewise, and 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 regarding the present 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 the
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:
A G R E E M E N T
FIRST. -
The ground floor of the federal property known as "Ex Ateneo Peninsular" (in what
does not contradict the Secretarial Agreement of Destination published in the Official Gazette of the Federation on July 1
of 1994, in favor of the Government of the State of Yucatán), which has Federal Real Estate
Registry 31-11494-7, and a total land area of 6,532.956
square meters, located at Calle 60
number 502-B, Block I, Quarter I, Historic Center of the City of Mérida, Postal Code 97000, Municipality
of Mérida, State of Yucatán, is designated to the National Institute of Anthropology and History,
a Decentralized Administrative
Body of the Ministry of Culture, so that it continues to use it in the development of functions of
research, protection, conservation, restoration and dissemination of the Cultural Heritage of the Nation.
SECOND.-
If the National Institute of Anthropology and History gives the designated ground floor of the
federal property a use different from that established by this Agreement, without prior authorization from the Ministry of
Treasury and Public Credit, through the Institute of Administration and Appraisal of National Assets; or if it
ceases to use it or no longer needs 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 Law
General of National Assets.
THIRD.- In case construction, reconstruction, modification,
adaptation, conservation, maintenance, repair and demolition works are planned in the designated ground floor of the federal property
, prior to its realization, the National Institute of Anthropology and History must manage before the
local and federal authorities, the obtaining of licenses, permits, authorizations or any other similar
that is required.
FOURTH. - The National Institute of Anthropology and History must guard and supervise the designated ground floor
of the federal property, being obliged to cover the necessary expenses for its conservation and
maintenance, and other inherent services that, in their 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 on the National Institute of Anthropology and History the right of
use the designated ground floor of the federal 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 National Institute of Anthropology and History, in the designated ground floor of the federal property,
must allow access to the upper floor of the same, which was designated to the Government of the State of Yucatán,
through the Secretarial Agreement of Destination described in the Third Consideration of this Agreement, to
continue using it in the development of educational and cultural activities aimed at fostering the
cultural heritage of the Yucatecan people.
SEVENTH. - The Institute of Administration and Appraisal of National Assets, within the scope of its
attributions, will supervise the 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, on the 17th day of the month of May 2024.- President of the Institute of Administration and
Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.
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