Agreement to Disincorporate Federal Property 'Agencia Santa Clara' from Public Domain and Authorize Contribution to CFE Distribución

DOF: 02/10/2024

AGREEMENT by which the federal public domain regime is disincorporated and the contribution to the assets of the Subsidiary Productive Enterprise of the Federal Electricity Commission CFE Distribución is authorized, for the federal property with an area of 247.29 square meters, named "Agencia Santa Clara", located at Avenida 5 de Febrero number 17, Santa Clara Neighborhood, Postal Code 55540, Ecatepec de Morelos Municipality, State of Mexico, with Federal Real Estate Registry number 15-9318-7.

A seal bearing the National Coat of Arms is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- AD-010-2024.

AGREEMENT

by which

the

federal

public

domain

regime

is

disincorporated

and

the

contribution

to

the

assets

of

the

Subsidiary

Productive

Enterprise

of

the

Federal

Electricity

Commission

CFE

Distribución

is

authorized,

for

the

federal

property

with

an

area

of

247.29

square

meters,

named

"Agencia

Santa

Clara",

located

at

Avenida

5

de

Febrero

number

17,

Santa

Clara

Neighborhood,

Postal

Code

55540,

Ecatepec

de

Morelos

Municipality,

State

of

Mexico,

with

Federal

Real

Estate

Registry

number

15-9318-7.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS,

President of the Institute of Administration and Appraisal of National Assets,

Decentralized Administrative Body of the Ministry of Finance and Public Credit,

on the basis of what is established in articles 1, 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II, IV and VII, 3, fraction III, 4, first and second paragraphs, 6, fraction XXI, 11, fraction I, 13, 28, fraction I, 29, fractions I, II and VI, 84, fraction VI, 95, 99, fraction III and 101, fraction VI 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 1, 3, fractions 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;

CONSIDERING

FIRST.- That among the assets subject to the federal public domain regime, there is the federal property with an area of 247.29 square meters, named "Agencia Santa Clara", located at Avenida 5 de Febrero number 17, Santa Clara Neighborhood, Postal Code 55540, Ecatepec de Morelos Municipality, State of Mexico, with Federal Real Estate Registry number 15-9318-7, segregated from a larger federal property with a total area of 979.40 square meters.

SECOND.- That ownership of the property subject to this Agreement is accredited through the Contract of Alienation for Gratuitous Title and Cession of Possessory Rights number CD-A 2015 008 of August 14, 2015 and its Addendum dated March 18, 2016, both registered in the Federal Property Public Registry under Real Folio number 147239/1 dated May 23, 2016.

THIRD.- That on October 7, 2015, the Act was signed recording the legal delivery of the assets subject to the "Loan Agreement" dated August 11, 2010, which was carried out by the Federal Electricity Commission to the Ministry of the Public Function, through its then Decentralized Body, the Institute of Administration and Appraisal of National Assets, who in turn, in the same act, delivered to the Federal Electricity Commission the real estate assets related in its Annexes 2, 3 and 4, the latter named "436 REAL ESTATE ASSETS", in which the asset subject to this Agreement is identified with consecutive number 197.

FOURTH.- That through letter CFE-DIS-651 dated October 15, 2018, the then General Director of CFE Distribución requested the Institute of Administration and Appraisal of National Assets for the contribution to its assets of the properties listed in the relationship named "Properties coming from the liquidation of Luz y Fuerza del Centro requested for contribution by CFE Distribución and which it occupies exclusively", attached to the aforementioned letter, to allocate them to the fulfillment of the purpose for which it was created, with said property being in consecutive number 37.

FIFTH.- That on October 16, 2018, the Directorate of Management of Use of Real Estate attached to the General Directorate of Administration of Federal Real Estate Assets, issued a ruling not to carry out the dissemination provided for in article 49, fraction II of the General Law of National Assets and in numeral 118 of the Agreement by which the provisions in Material Resources and General Services Matter are established, on the grounds that the property described in the First Consideration of this Agreement will be the subject of the disposition act provided for in article 84, fraction VI of the General Law of National Assets; therefore, it does not appear nor has it appeared as available in the Federal and Para-State Real Estate Information System, in addition to not being suitable to be allocated to the service of any other Public Institution other than the one currently using it.

SIXTH.- That in its 9th/18 Ordinary Session of the year 2018, held on October 24, 2018, the Real Estate Use Committee through Agreement 102/18 CAI, approved unanimously the positive opinion for the disincorporation of 329 properties from the federal public domain regime for their contribution to the assets of the Federal Electricity Commission and its Subsidiary Productive Enterprises, including the property subject to this Agreement; with the purpose that they continue to be used in the fulfillment of the purpose for which they were created in the provision of the electricity service; and the issuance of the Opinion for Acts of Administration and/or Disposition.

SEVENTH.- That on October 30, 2018, the General Directorate of Policy and Real Estate Management, attached to this Institute of Administration and Appraisal of National Assets, issued the Opinion of No Utility for Public Service number DAAD/2018/048, through which it determined that the 329 properties subject to the opinion (including the property in question) are not useful for public service, and therefore are subject to the acts of administration and/or disposition contained in Section Fifth of Chapter II of the General Law of National Assets.

EIGHTH.- That the measures and boundaries of the property subject to this Agreement are recorded in the topographic plan prepared at a scale of 1:200 by the Federal Electricity Commission, approved and registered by the Directorate of Public Registry and Real Estate Control, of the General Directorate of Policy and Real Estate Management of the Institute of Administration and Appraisal of National Assets, with number DRPCI/6410/15-9318-7/2018/T on December 13, 2018, and certified on January 7, 2019.

It should be noted that the topographic plan records a total area of 975.41 square meters while the area established in the title of ownership is 979.40 square meters, so there is a difference of 3.99 square meters, which is equivalent to a variation of 0.41%; which is within the tolerance of 2% referred to in the technical criterion established by the General Directorate of Policy and Real Estate Management, Administrative Unit of this Institute, contained in the document named "Technical Specifications and Requirements for the Elaboration of Topographic and Cadastral Plans to be carried out regarding the properties that form part of the Federal and Para-State Real Estate Assets", in which this difference is considered technically admissible, considering that the same measurement methods and equipment have not always been used to obtain the area of federal properties.

This topographic plan records a total area of 975.41 square meters, of which CFE Distribución has an area of 247.29 square meters, which will be contributed to its assets through this, with the Federation retaining a remaining fraction of 728.12 square meters.

NINTH.- That through letter number 0879-C/0681 dated August 19, 2020, the National Institute of Fine Arts and Literature (INBAL), through the Directorate of Architecture and Conservation of Immovable Artistic Heritage, informed that various properties, including the property subject to this Agreement, identified in the attached relationship in the aforementioned letter in consecutive number 88, are not included in the INBAL List of Properties with Artistic Value.

TENTH.- That through letter number 401.4S.15-2020/1983 dated October 12, 2020, the National Institute of Anthropology and History, through the National Coordination of Historical Monuments, informed about the monumental quality of various properties, including the property subject to this Agreement, identified in consecutive number 16, in the relationship named "Monumental Quality of Properties in the State of Mexico", attached to said letter, from which it is derived that it is not considered a historical monument, nor adjacent to any of them, and is located outside the limits of a historical monument zone.

ELEVENTH.- That the General Directorate of Administration of Federal Real Estate Assets of this Institute, in accordance with what is provided in article 11, fraction V, of the Regulations of this Institute, knew and reviewed from a technical-legal point of view the disincorporation from the federal public domain regime and the authorization of the contribution of the federal property subject to this Agreement.

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 that found in the Federal and Para-State Real Estate Information System.

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

AGREEMENT

FIRST.- The federal property with an area of 247.29 square meters, named "Agencia Santa Clara", located at Avenida 5 de Febrero number 17, Santa Clara Neighborhood, Postal Code 55540, Ecatepec de Morelos Municipality, State of Mexico, with Federal Real Estate Registry number 15-9318-7 is disincorporated from the federal public domain regime and its contribution to the assets of CFE Distribución, a Subsidiary Productive Enterprise of the Federal Electricity Commission, is authorized, in order for it to continue using it in the fulfillment of its purpose.

SECOND.- 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 real estate operation authorized.

THIRD.- If CFE Distribución ceases to use the property whose contribution to its assets 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 accessories will revert to the assets of the Federation. This condition must be inserted in the title of ownership issued for this purpose.

FOURTH.- The taxes, fees, honorariums and expenses that arise in connection with the authorized operation will be paid by CFE Distribución.

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.

SIXTH.- For the purpose of formalizing the contribution contract authorized, CFE Distribución commits to carrying out the subdivision of the property at the appropriate time, provided that it does not contradict the applicable local regulations in the Federal Entity where the Federal Property is located; the foregoing, since it is indispensable to keep the information of the Federal and Para-State Real Estate Assets Inventory 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 real estate operation authorized has not been signed due to causes attributable to CFE Distribución, determined by the Institute of Administration and Appraisal of National Assets, this Agreement will be void, and this Institute must publish in the Official Gazette of the Federation an Agreement by which this circumstance is made known, as well as notify it to the aforementioned Subsidiary Productive Enterprise.

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

Mexico City, September 18, 2024.-

President of the Institute of Administration and Appraisal of National Assets,

Víctor Julián Martínez Bolaños.-

Rubric.

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