Agreement to deincorporate the federal property known as Irrigation District 4 Don Martin from the Federal Public Domain Regime and Authorize its Sale via Public Bidding

DOF: 11/06/2024

AGREEMENT to deincorporate from the Federal Public Domain Regime the federal property with an area of 20,028.84 square meters, designated as Irrigation District 4 Don Martin, located at number 100, Carretera 23, Anáhuac - Sabinas Coahuila, Section 25-9, Lot 2466 fraction, between Lateral Canal 25-9 and Rustic Lot No. 2466, Anáhuac Colony, Postal Code 65040, Anáhuac City Locality, Anáhuac Municipality, State of Nuevo León, with Federal Real Estate Registry number 19-18594-8, and authorizes its sale for valuable consideration through public bidding.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Secretariat 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, 13, 28 fraction I, 29 fractions I, II and VI, 84 fraction I, 85, 88, 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 Secretariat of Finance and Public Credit; and 1, 3 fraction X, 4 fraction I, subsection a) and 6 fraction 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 is the federal property with an area of 20,028.84 square meters, designated as "Irrigation District 4 Don Martin", located at number 100, Carretera 23, Anáhuac - Sabinas Coahuila, Section 25-9, Lot 2466 fraction, between Lateral Canal 25-9 and Rustic Lot No. 2466, Anáhuac Colony, Postal Code 65040, Anáhuac City Locality, Anáhuac Municipality, State of Nuevo León, with Federal Real Estate Registry number 19-18594-8.

SECOND.- That the ownership of the property referred to in the preceding Consideration is evidenced by Property Title number 92574-08, File 119911, dated March 14, 2008, issued by the then Secretariat of Agrarian Reform, registered in the Federal Property Registry under Real Folio number 95546 dated June 4, 2010.

THIRD.- That the area, measurements, and boundaries of the property subject to this Agreement are recorded in topographic plan number TOP-01-NLEÓN-ANAH, prepared at a scale of 1:750, registered on August 5, 2010, under number DRPCPF-3325-2010-T/ and certified on January 31, 2022, by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Real Estate Policy and Management.

FOURTH.- That by office number 401.3S.10.2021/0717, dated July 6, 2021, the Subdirectorate of Registration of Immovable Archaeological Monuments, attached to the Directorate of Public Registry of Monuments and Archaeological and Historical Zones of the National Institute of Anthropology and History, informed that the property subject to this Agreement is not registered as a historical monument.

FIFTH.- That by office number 1437-C/1361, dated August 11, 2021, the Directorate 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 declared as an artistic monument, 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 State of Nuevo León.

SIXTH.- That according to the Land Use Certificate (Type of Land Use) dated June 9, 2022, corresponding to file number DU-01/2022, the Municipal Urban Development Directorate of Anáhuac, State of Nuevo León, determined that the property subject to this Agreement corresponds to the land use type: Agricultural and Livestock.

SEVENTH.- That the Real Estate Utilization Committee of the Institute of Administration and Appraisal of National Assets, in its (2nd/22) Second Extraordinary Session 2022, held on July 29, 2022, determined through Agreement number 03/2022 CAI, to authorize actions for the best use and utilization of the property subject to this Agreement, for its onerous alienation.

EIGHTH.- That by office number DGPGI/482/2022, dated September 14, 2022, the General Directorate of Real Estate Policy and Management communicated to the General Directorate of Administration of Federal Real Estate Assets of this Institute, the Opinion for Acts of Administration and/or Disposition number DAAD/2022/004, in which it concluded that the property subject to this Agreement is not classified as a common use asset, in accordance with the provisions of Article 7 of the General Law of National Assets, thus the normative hypothesis provided for in Article 84 of the cited Law is met, whereby actions of administration and disposition established in the various fractions of the invoked article could be appropriate.

Attending to the content of the office cited in this consideration, in the specific case, fraction I of Article 84 of the General Law of National Assets is applicable.

NINTH.- That by office number 59/2023, dated July 10, 2023, the Municipal Urban Development Directorate of Anáhuac, State of Nuevo León, granted to the property subject to this Agreement, the number 100, of Carretera Anáhuac - Sabinas Coahuila, Section 25-9, Lot 2466 fraction, between Lateral Canal 25-9 and Rustic Lot number 2466, Anáhuac City, State of Nuevo León.

TENTH.- That by the publication certificate dated October 5, 2023, and based on Article 49 fraction II of the General Law of National Assets, as well as numeral 118 of the Agreement establishing the provisions in Matters of Material Resources and General Services, it was stated that the information regarding the property subject to this Agreement was disseminated to the Dependencies, Entities and other Public Institutions, through its publication on the website of the Institute of Administration and Appraisal of National Assets, for at least 5 natural days counted from September 19, 2023.

ELEVENTH.- 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 by 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 the authorization to sell the federal property designated as "Irrigation District 4 Don Martin". 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 found in the Federal and Paraestatal Real Estate Information System.

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 that the present Agreement is 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 patrimony, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST.- The federal property with an area of 20,028.84 square meters, designated as "Irrigation District 4 Don Martin", located at number 100, Carretera 23, Anáhuac - Sabinas Coahuila, Section 25-9, Lot 2466 fraction, between Lateral Canal 25-9 and Rustic Lot No. 2466, Anáhuac Colony, Postal Code 65040, Anáhuac City Locality, Anáhuac Municipality, State of Nuevo León, with Federal Real Estate Registry number 19-18594-8, is deincorporated from the Federal Public Domain Regime and its sale for valuable consideration through public bidding is authorized.

SECOND.- The sale price will be covered by the acquirer in a single installment and shall not be lower than that determined for such effect by the Institute of Administration and Appraisal of National Assets, through the respective appraisal. If the said property has not been alienated after the public bidding, the provisions of Article 85 of the General Law of National Assets shall apply.

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

FOURTH.- The taxes, rights, fees and expenses that arise as a result of the operation authorized shall be covered by the acquirer in accordance with the provisions of the respective legal provisions.

FIFTH.- 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 monitor 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, June 03, 2024. - President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Signature.

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