Agreement to disincorporate from the Federal public domain regime and authorize gratuitous transfer of federal property to the National Institute of Sustainable Land

DOF: 16/10/2024

ACUERDO by which the regime of public domain of the Federation is disincorporated, and its gratuitous alienation in favor of the National Institute of Sustainable Land is authorized, the federal property with an area of 20,000 square meters, named

Institute of Administration and Appraisal of National Assets.- AD-014-2024.

AGREEMENT

by

which

the

regime

of

public

domain

of

the

Federation

is

disincorporated,

and

its

gratuitous

alienation

in

favor

of

the

National

Institute

of

Sustainable

Land

is

authorized,

the

federal

property

with

an

area

of

20,000

square

meters,

named

"Colonia del Bosque",

segregated

from

a

larger

property,

located

at

Periférico

Carlos

Alberto

Madrazo

Becerra

without

number,

Francisco

Villa

Neighborhood,

Frontera

City

Locality,

Postal

Code

86750,

Centla

Municipality,

Tabasco

State,

with

Federal

Real

Estate

Registry

number

27-10178-2.

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

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

section

G,

fraction

V,

48

and

49

of

the

Internal

Regulation

of

the

Secretariat

of

Finance

and

Public

Credit

and;

1,

3

fraction

X,

4

fraction

I,

subparagraph

a)

and

6

fraction

XXXIII

of

the

Regulation

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

and

C

O

N

S

I

D

E

R

A

N

D

O

PRIMERO. -

That

within

the

assets

subject

to

the

regime

of

public

domain

of

the

Federation,

is

the

federal

property

with

an

area

of

20,000

square

meters

named

"Colonia del Bosque",

segregated

from

a

larger

property,

located

at

Periférico

Carlos

Alberto

Madrazo

Becerra,

without

number,

Francisco

Villa

Neighborhood,

Frontera

City

Locality,

Postal

Code

86750,

Centla

Municipality,

Tabasco

State,

with

Federal

Real

Estate

Registry

number

27-10178-2.

SEGUNDO. -

That

the

ownership

of

the

fraction

of

the

property

referred

to

in

the

preceding

Consideration

is

accredited

through

Contract

CD-A

2016

001

dated

May

16,

2016,

in

which

the

gratuitous,

pure

and

simple

donation

regarding

an

area

of

15-00-00

hectares

for

the

execution

of

the

Center

for

Comprehensive

Attention

to

Border

Transit

is

recorded,

celebrated

by

one

part

the

Government

of

the

State

of

Tabasco

in

its

capacity

as

donor

and

by

the

other

the

Federal

Government

in

its

capacity

as

donee,

through

the

then

Secretariat

of

Public

Function,

through

this

Decentralized

Body,

Institute

of

Administration

and

Appraisal

of

National

Assets,

registered

in

the

Federal

Property

Public

Registry

under

Real

Folio

number

146989

dated

May

19,

2016.

TERCERO. -

That

through

Decree

228

dated

February

19,

2024,

published

in

the

Official

Gazette

of

the

Constitutional

Government

of

the

Free

and

Sovereign

State

of

Tabasco

on

February

28,

2024,

it

was

authorized

that

"... and

of

which

20,000

square

meters,

will

be

dedicated

to

the

construction

of

60

housing

units

in

favor

of

the

families

settled

in

the

community

of

"El

Bosque",

located

in

the

Municipality

of

Centla,

Tabasco,

who

will

be

relocated

due

to

climate

impact.".

CUARTO. -

That

through

letter

No.

CPC/OPT/001/2024

dated

March

5,

2024,

the

Coordinator

of

Civil

Protection

of

the

Constitutional

City

Council

of

Centla,

of

the

State

of

Tabasco,

issued

a

technical

opinion

on

the

property

subject

to

the

present

Agreement,

making

known

that

"... it

considers

FEASIBLE

in

matters

of

Civil

Protection

the

previously

mentioned

land,

exhorting

it

to

not

carry

out

any

work

until

having

the

corresponding

authorizations

in

the

municipal,

state

and

federal

spheres.";

likewise,

"... it

was

possible

to

verify

that

the

areas

where

the

relocation

of

families

from

the

El

Bosque

colony

is

intended

to

develop,

are

geographically

located

in

zones

classified

(sic)

as

medium

risk."

QUINTO. -

That

through

Certificate

of

Alignment

and

No.

Official

with

folio

number

DOOTSM/0911/2024

dated

April

12,

2024,

the

Director

of

Works,

Territorial

Planning

and

Municipal

Services

of

the

Constitutional

City

Council

of

Centla,

of

the

State

of

Tabasco,

stated

that

the

official

nomenclature

of

the

property

subject

to

the

present

Agreement

is

"Periférico

Carlos

Alberto

Madrazo

Becerra,

s/n.,

Col.

Francisco

Villa,

Frontera

City,

Centla,

Tabasco".

SEXTO. -

That

through

Land

Use

Feasibility

with

folio

number

DOOTSM/0912/2024

dated

April

12,

2024,

the

Director

of

Works,

Territorial

Planning

and

Municipal

Services

of

the

Constitutional

City

Council

of

Centla,

of

the

State

of

Tabasco,

determined

that

the

property

subject

to

the

present

Agreement

"...

is

located

in

a

zone

of

land

use

of

commercial

corridor

and

urban

services

(sic)

and

high

density

residential

(80

HOUSING/Ha)

(CU

AND

H3)

being

compatible

for

the

development

of

the

project

community

el

bosque

in

Centla,

Tabasco ...".

SÉPTIMO. -

That

through

letter

number

401.3S.17-2024/416

dated

May

6,

2024,

the

Director

of

the

INAH

Tabasco

Center

of

the

National

Institute

of

Anthropology

and

History,

informed

the

Director

of

Regularization

of

the

National

Institute

of

Sustainable

Land,

that

the

property

subject

to

the

present

Agreement,

"... is

not

inserted

or

in

adjacency

with

a

zone

of

archaeological

or

historical

monuments

on

the

surface."

OCTAVO. -

That

through

letter

number

0728-C/0550

dated

May

7,

2024,

the

Director

of

Architecture

and

Conservation

of

Immovable

Artistic

Heritage

of

the

National

Institute

of

Fine

Arts

and

Literature,

informed

that

the

property

subject

to

the

present

Agreement

"...

does

not

have

a

declaration

of

artistic

monument

published

in

the

Official

Gazette

of

the

Federation ...".

NOVENO. -

That

through

letter

number

1.5/1149/2024

dated

May

15,

2024,

the

Director

of

Administration

and

Finances

of

the

National

Institute

of

Sustainable

Land

requested

the

donation

and/or

disincorporation

at

gratuitous

title

of

the

federal

property

with

an

area

of

2-00-00

hectares,

for

the

construction

of

60

housing

units

in

favor

of

the

families

settled

in

the

community

of

"El

Bosque",

located

in

the

Municipality

of

Centla,

State

of

Tabasco.

DÉCIMO. -

That

the

area,

measurements

and

boundaries

of

the

property

subject

to

the

present

Agreement,

are

recorded

in

topographic

plan

number

01,

prepared

at

scale

1:500,

approved

and

registered

on

August

27,

2024,

under

number

DRPCI/7345/27-10178-2/2024/T,

and

certified

on

that

same

date,

by

the

Directorate

of

Public

Registry

and

Real

Estate

Control,

attached

to

the

General

Directorate

of

Policy

and

Real

Estate

Management

of

this

Institute

of

Administration

and

Appraisal

of

National

Assets.

DÉCIMO

PRIMERO. -

That

through

Opinion

dated

September

18,

2024,

the

General

Directorate

of

Administration

of

Federal

Real

Estate

Heritage,

attached

to

this

Institute

of

Administration

and

Appraisal

of

National

Assets,

determined

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

matters

of

Material

Resources

and

General

Services

are

established,

published

in

the

Official

Gazette

of

the

Federation

on

July

16,

2010

and

last

reform

published

in

the

same

organs

of

dissemination

on

April

5,

2016,

regarding

the

property

subject

to

the

present

Agreement,

in

view

of

the

fact

that

due

to

its

characteristics

it

is

not

suitable

to

be

dedicated

to

the

service

of

any

other

Dependency,

Entity

or

Public

Institution,

different

from

the

one

that

is

requesting

it

in

donation,

since

the

partial

change

of

use

of

20,000

square

meters

of

the

donated

property

in

favor

of

the

Federal

Government

was

authorized

to

be

dedicated

to

the

construction

of

60

housing

units

in

favor

of

the

families

settled

in

the

community

of

"El

Bosque",

located

in

the

Municipality

of

Centla,

State

of

Tabasco,

who

will

be

relocated

due

to

climate

impact,

so

it

does

not

appear

as

"available"

in

the

Federal

and

Parastatal

Real

Estate

Information

System.

DÉCIMO

SEGUNDO. -

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

number

19/2024

CAI,

agreeing

to

grant

the

property

in

question

in

gratuitous

alienation,

in

favor

of

the

National

Institute

of

Sustainable

Land

under

the

terms

of

article

84

fraction

III

of

the

General

Law

of

National

Assets.

DÉCIMO

TERCERO. -

That

through

letter

number

DGPGI/744/2024

dated

September

27,

2024,

the

General

Director

of

Policy

and

Real

Estate

Management

communicated

to

the

General

Director

of

Administration

of

Federal

Real

Estate

Heritage,

both

attached

to

this

Institute,

the

Opinion

for

Acts

of

Administration

and/or

Disposition

number

DAAD/2024/013,

in

which

it

considered

that,

the

property

object

of

the

present,

"... since

it

is

not

categorized

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

updates

the

normative

hypothesis

provided

for

in

article

84

of

the

LGBN,

so

the

administration

and

disposition

actions

established

in

the

various

fractions

of

the

cited

article

may

be

procedent."

In

accordance

with

the

content

of

the

cited

letter

in

the

present

consideration,

in

the

concrete

case,

fraction

III

of

article

84

of

the

General

Law

of

National

Assets

is

applicable.

DÉCIMO

CUARTO. -

That

the

General

Directorate

of

Administration

of

Federal

Real

Estate

Heritage

of

this

Institute,

in

accordance

with

what

is

provided

by

article

11,

fraction

V,

of

the

Regulation

of

this

Institute,

knew

and

reviewed

from

the

technical

legal

point

of

view,

the

disincorporation

from

the

regime

of

public

domain

of

the

Federation

and

the

authorization

to

alienate

at

gratuitous

title

the

federal

property

named

"Colonia del Bosque".

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

properly

compared

with

that

which

is

found

in

the

Federal

and

Parastatal

Real

Estate

Information

System.

Based

on

article

9

fraction

XIV

of

the

Regulation

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

the

Legal

Unit

issued

a

procedent

opinion

regarding

the

present

Agreement;

so

that

based

on

the

considerations

referred

to

and

being

the

purpose

of

the

Federal

Executive

to

give

the

federal

real

estate

heritage

the

optimal

utilization,

I

have

deemed

it

appropriate

to

issue

the

following:

A

G

R

E

E

M

E

N

T

PRIMERO. -

The

regime

of

public

domain

of

the

Federation

is

disincorporated

for

the

federal

property

with

an

area

of

20,000

square

meters,

named

"Colonia del Bosque"

located

at

Periférico

Carlos

Alberto

Madrazo

Becerra,

without

number,

Francisco

Villa

Neighborhood,

Frontera

City

Locality,

Postal

Code

86750,

Centla

Municipality,

Tabasco

State,

with

Federal

Real

Estate

Registry

number

27-10178-2,

and

its

gratuitous

alienation

in

favor

of

the

National

Institute

of

Sustainable

Land

is

authorized,

for

the

construction

of

60

housing

units

in

favor

of

the

families

settled

in

the

community

of

"El

Bosque".

SEGUNDO. -

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.

TERCERO. -

If

the

National

Institute

of

Sustainable

Land

ceases

to

use

the

property

whose

gratuitous

alienation

is

authorized,

gives

it

a

use

different

from

that

established

in

the

present

Agreement,

without

the

prior

authorization

of

this

Institute,

or

well,

if

it

ceases

to

need

it,

said

property

with

all

its

improvements

and

accessions

will

revert

to

the

heritage

of

the

Federation.

This

warning

must

be

inserted

in

the

title

of

property

that

is

issued

to

that

effect.

CUARTO. -

The

taxes,

rights,

fees

and

expenses

that

arise

as

a

result

of

the

authorized

operation,

will

be

paid

by

the

National

Institute

of

Sustainable

Land.

QUINTO. -

The

Institute

of

Administration

and

Appraisal

of

National

Assets

within

the

scope

of

its

attributions

through

the

General

Directorate

of

Administration

of

Federal

Real

Estate

Heritage,

will

supervise

the

strict

compliance

of

this

Agreement.

SEXTO. -

For

the

purpose

of

formalizing

the

gratuitous

alienation

contract

that

is

authorized,

the

National

Institute

of

Sustainable

Land

commits

to

carry

out

the

subdivision

of

the

property

at

the

appropriate

moment,

provided

that

it

does

not

contradict

the

applicable

local

regulations

in

the

Federal

Entity

where

the

Federal

property

is

located;

the

above,

since

it

is

indispensable

to

maintain

updated

the

information

of

the

Inventory

System

of

Federal

and

Parastatal

Real

Estate

Heritage,

as

well

as

the

legal

situation

of

Federal

Properties.

SÉPTIMO. -

If

within

the

year

following

the

effective

date

of

this

Agreement,

the

corresponding

contract

for

the

authorized

operation

has

not

been

celebrated,

due

to

causes

imputable

to

the

National

Institute

of

Sustainable

Land,

determined

by

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

this

Agreement

will

become

void,

this

Institute

must

publish

in

the

Official

Gazette

of

the

Federation

a

notice

in

which

this

circumstance

is

made

known,

as

well

as

notify

it

to

that

Institute.

This

Agreement

will

enter

into

force

on

the

day

following

its

publication

in

the

Official

Gazette

of

the

Federation.

Mexico

City,

October

3,

2024.-

President

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

Víctor

Julián

Martínez

Bolaños.-

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