Agreement to deincorporate federal property 'Area Libre 3 Predio CONAFRUT' and authorize its contribution to the property of the Attorney General's Office

DOF: 11/11/2024

AGREEMENT by which the federal public domain regime is deincorporated and its contribution to the property of the Attorney General's Office is authorized, for the federal property with an area of 19,041.36 square meters

A logo appears at the margin, which says: Institute of Administration and Appraisal of National Assets.- AD-017-2024.

AGREEMENT by which the federal public domain regime is deincorporated and its contribution to the property of the Attorney General's Office is authorized, for the federal property with an area of 19,041.36 square meters, named "Area Libre 3 Predio CONAFRUT", segregated from a larger property, located at Carretera Federal Libre Mexico-Toluca kilometer 14.5, number 1455, San Gabriel Neighborhood, Postal Code 01310, Alvaro Obregon Municipality, Mexico City, with Federal Real Estate Registry number 9-71267-3.

VICTOR JULIAN MARTINEZ 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 1, 2, fraction I, 17, 26 and 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II, IV and VII, 3, fraction III, 4, paragraphs first and second, 6, fraction XXI, 11, fraction I, 28, fraction I, 29, fractions I, II and VI, 84, fraction VI, 95 and 101, fraction VI of the General Law of National Assets; 1, 4, section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; and 1, 3, fraction 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

CONSIDERING

FIRST. - That among the assets subject to the federal public domain regime, there is the federal property with an area of 19,041.36 square meters, named "Area Libre 3 Predio CONAFRUT", segregated from a larger property, located at Carretera Federal Libre Mexico-Toluca kilometer 14.5, number 1455, San Gabriel Neighborhood, Postal Code 01310, Alvaro Obregon Municipality, Mexico City, with Federal Real Estate Registry number 9-71267-3.

SECOND. -

That the ownership of the property referred to in the preceding Consideration is accredited by the Expropriation Decree dated August 15, 1974, published in the Official Gazette of the Federation on August 19 and 22, 1974, registered in the Federal Property Registry under Real Folio number 41085 dated October 27, 1998.

THIRD. -

That the area, measurements and boundaries of the property subject to this Agreement are recorded in topographic plan number SC-555-2019, prepared at a scale of 1:500, approved and registered on October 15, 2019, under number DRPCI/6670/9-71267-3/2019/T and certified on January 17, 2022, by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Real Estate Policy and Management of this Institute of Administration and Appraisal of National Assets.

FOURTH. - That by letter number 2843-C/1635 dated November 9, 2019, the Director of Architecture and Conservation of Immovable Artistic Heritage of the National Institute of Fine Arts and Literature (INBAL), informed that the property subject to this Agreement, "... is not included in the INBAL List of Properties with Artistic Value; and is not adjacent to any construction included in the INBAL List of Properties with Artistic Value in the Alvaro Obregon Municipality ...".

FIFTH. - That by letter number 401.4S.15-2019/4444 dated November 13, 2019, the National Coordinator of Historical Monuments of the National Institute of Anthropology and History, informed that the property subject to this Agreement, "... is not included in the National Catalog of Immovable Historical Monuments of the Alvaro Obregon Municipality of Mexico City".

SIXTH. - That by Single Land Use Zoning Certificate with folio number 47153-151MAVI19 dated December 4, 2019, the Certifier of the Directorate of the Registry of Plans and Programs of the Ministry of Urban Development and Housing of the Government of Mexico City, determined that for the property subject to this Agreement, "... the following Zonifications apply: HM/5/60/B (Mixed Residential, maximum 5 levels of construction and minimum 60% free area, Low Density = One housing unit for every 100.00 m2 of total land surface).".

SEVENTH. -

That by letter number FGR/OM/DGRMSG/256/2023 dated April 11, 2023, the General Director of Material Resources and General Services and Real Estate Manager of the Attorney General's Office, requested the donation in favor of that Autonomous Public Body regarding the property subject to this Agreement; likewise, by letter number FGR/OM/UESII/UININ/0491/2024 dated May 29, 2024, the Head of the Real Estate Infrastructure Unit stated that "... the destination of the referenced property will be for the construction of the facilities of the Directorate of Explosives and Canine Unit ...", making applicable to its request, the contribution figure to its property contemplated in article 84, fraction VI, of the General Law of National Assets.

EIGHTH. - That by Alignment Certificate and/or Official Number with folio number 2824-2023 with issuance date September 28, 2023 and delivery seal on January 2, 2024, the General Director of Works and Urban Development of the Alvaro Obregon Municipality of Mexico City, stated that the property subject to this Agreement is located at Mexico-Toluca Highway number 1455, San Gabriel Neighborhood, Alvaro Obregon Municipality, Mexico City.

NINTH. - That by letter number DPI/1653/2024 dated September 18, 2024, the Director of Real Estate Planning attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Assets, informed that "... the property named 'Area Libre 3 Predio Conafrut', with R.F.I. 9-71267-3, has been published on the Institutional website, in the Real Estate Availability section, 'Portfolios of Available Federal Properties', in the following timeframes:

• From December 2019 to January 2020;
• October 2021, and
• May 2022."

TENTH. - That the Real Estate Utilization Committee of this Institute of Administration and Appraisal of National Assets, in its Third Ordinary Session, held on September 19, 2024, approved agreement 20/2024 CAI, unanimously deciding to determine the actions for the best use and utilization of the property subject to this Agreement, for its contribution to the property of the Attorney General's Office, in terms of article 84, fraction VI, of the General Law of National Assets.

ELEVENTH. - That by letter number DGPGI/783/2024 dated October 11, 2024, the General Director of Real Estate Policy and Management, communicated to the General Director of Federal Real Estate Property Administration, both attached to this Institute, the Opinion for Acts of Administration and/or Disposition number DAAD/2024/015, in which it considered that, the property subject to this Agreement, "... not being classified as a common use asset, in accordance with what is established by article 7 of the General Law of National Assets and that, based on the second and third considerations, it meets the normative hypothesis provided for in article 84 of the LGBN, therefore, the administration and disposition actions established in the various fractions of the invoked article ..." could be appropriate.

Attending the content of the letter cited in this consideration, in the specific case, fraction VI of article 84 of the General Law of National Assets is applicable.

TWELFTH. -

That the General Directorate of Federal Real Estate Property Administration of this Institute, 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 deincorporation from the federal public domain regime and authorization for the contribution to the property of the Attorney General's Office, of the federal property named "Area Libre 3 Predio CONAFRUT". 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 what is found in the Federal and Paraestatal Real Estate Information System.

Based on article 9, fraction XIV, of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion deeming this Agreement appropriate; therefore, based on the considerations referred to and being the purpose of the Federal Executive to give the optimal use to the federal real estate property, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST. - The federal public domain regime is deincorporated for the federal property with an area of 19,041.36 square meters, named "Area Libre 3 Predio CONAFRUT" located at Carretera Federal Libre Mexico-Toluca kilometer 14.5, number 1455, San Gabriel Neighborhood, Postal Code 01310, Alvaro Obregon Municipality, Mexico City, with Federal Real Estate Registry number 9-71267-3, and its contribution to the property of the Attorney General's Office is authorized, for the construction of the facilities of the Directorate of Explosives and Canine Unit.

SECOND. - The Institute of Administration and Appraisal of National Assets will exercise, on behalf and representation of the Federation, the corresponding acts to carry out the authorized operation.

THIRD. - If the Attorney General's Office ceases to use the property whose contribution to its property is authorized, gives it a use different from that established in this Agreement, without prior authorization from this Institute, or if it no longer needs it, said property with all its improvements and accessions will revert to the property of the Federation. This condition must be inserted in the title of property issued for this purpose.

FOURTH. -

The taxes, fees, honorariums and expenses that arise as a result of the authorized operation will be paid by the Attorney General's Office.

FIFTH. -

The Institute of Administration and Appraisal of National Assets, within the scope of its powers through the General Directorate of Federal Real Estate Property Administration, will monitor the strict compliance with this Agreement.

SIXTH. -

In order to formalize the contribution contract that is authorized, the Attorney General's Office commits to carrying out the subdivision of the property at the appropriate time, provided that it does not conflict with the applicable local regulations in the Federal Entity where the Federal property is located; this is because it is indispensable to keep the information of the Federal and Paraestatal Real Estate Information System updated, as well as the legal situation of Federal properties.

SEVENTH. -

If within the year following the entry into force of this Agreement, the corresponding contract for the authorized operation has not been celebrated, due to causes attributable to the Attorney General's Office, determined by the Institute of Administration and Appraisal of National Assets, this Agreement will become void, and this Institute must publish in the Official Gazette of the Federation a notice informing of this circumstance, as well as notify said Autonomous Public Body.

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

Mexico City, October 29, 2024.- President of the Institute of Administration and Appraisal of National Assets, Victor Julian Martinez Bolanos.- Signature.

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