2024-07-10 | DOF 5732895Added · Updated
The agreement disincorporates a 138,633.04-square-meter federal property known as the SARH Employees Colony from the Federal Public Domain and authorizes its gratuitous transfer to the National Institute of Sustainable Land, with a portion donated to the Municipality of Martínez de la Torre for public services. The National Institute of Sustainable Land bears all associated taxes, fees, and expenses, while the Institute for Administration and Appraisal of National Assets oversees compliance and executes the transfer. If the corresponding contract is not executed within one year following entry into force due to causes attributable to the National Institute, the property reverts to Federal heritage along with all improvements. The agreement enters into force the day after its publication in the Federal Official Gazette.
DOF: 10/07/2024
AGREEMENT by which the federal property known as "Colonia Empleados de the SARH", with an area of 138,633.04 square meters, is disincorporated from the Federal Public Domain and its gratuitous transfer to the National Institute of Sustainable Land is authorized, segregated from a larger property located at Boulevard Salvador Esquer Apodaca, Colonia Empleados of the SARH, Postal Code 93610, Municipality of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, with Federal Real Estate Registry number 30-26699-0.
A seal bearing the National Emblem appears on the margin, stating: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute for Administration and Appraisal of National Assets.- AD-006-2024.
VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute for 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, first and second paragraphs, 6, fraction XXI, 11, fraction I, 28, fraction I, 29, fractions I, II and VI, 84, fraction III, 95 and 101, fraction VI of the General Law of National Assets; 1, 4, paragraph 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, fraction XXXIII of the Regulations of the Institute for 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 138,633.04 square meters known as "Colonia Empleados of the SARH", segregated from a larger property located at Boulevard Salvador Esquer Apodaca, Colonia Empleados of the SARH, Postal Code 93610, Municipality of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, with Federal Real Estate Registry number 30-26699-0.
SECOND.- That the ownership of the property fraction referred to in the preceding Consideration is accredited by Instrument number 71 dated September 17, 1973, granted before Licenciado Roberto Núñez y Escalante, Holder of Public Notary Office number 112 of the then Federal District and National Heritage, registered in Real Folio number 25298 of the Federal Property Registry with date April 28, 1992.
THIRD.- That by official letter number 1.0/172/2017 dated August 1, 2017, the General Directorate of the National Institute of Sustainable Land requested the disincorporation of the federal property with an area of 138,633.04 square meters, to regularize the consolidated human settlements located within it.
FOURTH.- That by official letter number 0374-C/0239 dated February 17, 2020, the Directorate 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 of the State of Veracruz de Ignacio de the Llave.
FIFTH.- That by official letter number PCM/1560-A/2021 dated December 6, 2021, the Directorate of Civil Protection and Firefighters of the Constitutional City Council of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, issued the Civil Protection Risk Assessment, determining that the property is not located in a risk zone.
SIXTH.- That by official letter number 401.3S.17-2022/712 dated June 2, 2022, the Directorate of the INAH Veracruz Center of the National Institute of Anthropology and History informed that the property subject to this Agreement is not a historical monument zone by official decree, nor does it have adjacency or any historical monuments.
SEVENTH.- That the area, measurements and boundaries of the property subject to this Agreement are recorded in topographic plans numbers 1-3, 2-3 and 3-3, prepared at a scale of 1:1500, approved and registered on September 27, 2022, by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Policy and Real Estate Management of the Institute for Administration and Appraisal of National Assets, under numbers DRPCI/7105/30-26699-0/2022/T(1/3), DRPCI/7105/30-26699-0/2022/T(2/3) and DRPCI/7105/30-26699-0/2022/T(3/3), all certified on November 16, 2023.
EIGHTH.- That by official letter number 1252 dated October 21, 2022, the Urban Development Directorate of the Constitutional City Council of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, issued the certificate of residential use regarding the property subject to this Agreement.
NINTH.- That by Assessment dated November 22, 2023, the General Directorate of Administration of Federal Real Estate Heritage, attached to this Institute for Administration and Appraisal of National Assets, determined that the publication provided in Article 49 of the General Law of National Assets and in numeral 118 of the Agreement establishing the provisions on Material Resources and General Services, published in the Federal Official Gazette on July 16, 2010 and last reform published in the same publication organ on April 5, 2016, is not required regarding the property subject to this Agreement, in view of its characteristics making it unsuitable for use by another Public Department, Entity or Institution, as it is currently occupied with consolidated irregular human settlements, and therefore does not appear as "available" in the Federal and Paraestatal Real Estate Information System.
TENTH.- That the Real Estate Utilization Committee of this Institute for Administration and Appraisal of National Assets, in its Second Extraordinary Session held on February 16, 2024, approved agreement number 07/2024 CAI, deciding to grant the property in question through gratuitous transfer, to public institutions responsible for resolving popular housing issues to attend to collective needs under Article 84, fraction III of the General Law of National Assets.
ELEVENTH.- That by official letter number DGPGI/217/2024 dated March 19, 2024, the General Directorate of Policy and Real Estate Management communicated to the General Directorate of Administration of Federal Real Estate Heritage, both from this Institute, the Assessment for Administrative Acts and/or Disposition number DAAD/2024/006, in which it considered that the property subject to this Agreement, not being classified as a common-use asset, in accordance with Article 7 of the General Law of National Assets, meets the normative hypothesis provided in Article 84 of the cited Law, therefore administrative and disposition actions established in the various fractions of the invoked article may proceed.
Attending to the content of the official letter cited in this consideration, in the specific case, fraction III of Article 84 of the General Law of National Assets is applicable.
TWELFTH.- That the General Directorate of Administration of Federal Real Estate Heritage of this Institute, in accordance with Article 11, fraction V of the Regulations of this Institute, knew and reviewed from a technical-legal standpoint the disincorporation from the Federal Public Domain regime and the authorization to transfer gratuitously the federal property known as "Colonia Empleados of the SARH". The legal and technical documentation supporting the legal and administrative status of the property, as well as this Agreement, is contained in the processing file compiled by said General Directorate, and was duly cross-referenced with that found in the Federal and Paraestatal Real Estate Information System.
Based on Article 9, fraction XIV of the Regulations of the Institute for Administration and Appraisal of National Assets, the Legal Unit issued a favorable opinion regarding this Agreement; therefore, based on the considerations stated and with the purpose of the Federal Executive granting optimal use to federal real estate heritage, I have deemed it appropriate to issue the following:
AGREEMENT
FIRST.- The federal property with an area of 138,633.04 square meters, known as "Colonia Empleados of the SARH", located at Boulevard Salvador Esquer Apodaca, Colonia Empleados of the SARH, Postal Code 93610, Municipality of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, with Federal Real Estate Registry number 30-26699-0, is disincorporated from the Federal Public Domain regime, and its gratuitous transfer to the National Institute of Sustainable Land is authorized, to regularize the consolidated human settlements located within it, and at the same time said Institute donates to the Municipality of Martínez de la Torre, State of Veracruz de Ignacio de the Llave, the surface corresponding to roadways and green areas, for the provision of public services.
Spaces where federal services are provided, such as schools, temples open to public worship and health centers, are exempt from the authorized gratuitous transfer.
SECOND.- The Institute for Administration and Appraisal of National Assets will exercise, on behalf and in representation of the Federation, the corresponding acts to carry out the authorized operation.
THIRD.- If the National Institute of Sustainable Land ceases to use the property whose gratuitous transfer is authorized, gives it a different use than established in this Agreement, without prior authorization from this Institute, or ceases to need it, said property with all its improvements and accessories will revert to the Federal heritage. This provision must be inserted in the property title issued for this purpose.
FOURTH.- The taxes, fees, honors and expenses arising from the authorized operation will be paid by the National Institute of Sustainable Land.
FIFTH.- The Institute for Administration and Appraisal of National Assets, within the scope of its powers through the General Directorate of Administration of Federal Real Estate Heritage, will monitor strict compliance with this Agreement.
SIXTH.- If within one year following the entry into force of this Agreement, the corresponding contract for the authorized operation has not been executed, due to causes attributable to the National Institute of Sustainable Land, determined by the Institute for Administration and Appraisal of National Assets, this Agreement will become void, and this Institute must publish in the Federal Official Gazette a notice informing of this circumstance, as well as notifying it to said Institute.
This Agreement will enter into force the day following its publication in the Federal Official Gazette.
Mexico City, June 24, 2024. - President of the Institute for Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños. - Initials/Seal.
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