Agreement to disincorporate the federal public domain regime and authorize the contribution to CFE Distribución of the Superintendencia Nororiente federal property

DOF: 09/08/2024

AGREEMENT by which the federal public domain regime is disincorporated and the contribution to the patrimony of the Subsidiary Productive Enterprise of the Federal Electricity Commission, CFE Distribución, is authorized, of the federal property with a surface area of 2,884.86 square meters, named Superintendencia Nororiente, located at Juan Mateos Street without number, corner of Calzada Chabacano, Vista Alegre Neighborhood, Postal Code 06860, Cuauhtémoc Municipality, Mexico City, with Federal Real Estate Registry number 9-17840-2.

A seal with 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-008-2024.

AGREEMENT by which the federal public domain regime is disincorporated and the contribution to the patrimony of the Subsidiary Productive Enterprise of the Federal Electricity Commission, CFE Distribución, is authorized, of the federal property with a surface area of 2,884.86 square meters, named "Superintendencia Nororiente", located at Juan Mateos Street without number, corner of Calzada Chabacano, Vista Alegre Neighborhood, Postal Code 06860, Cuauhtémoc Municipality, Mexico City, with Federal Real Estate Registry number 9-17840-2.

VÍCTOR JULIÁN MARTÍNEZ 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, 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 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, the federal property named "Superintendencia Nororiente" is found, located at Juan Mateos Street without number, corner of Calzada Chabacano, Vista Alegre Neighborhood, Postal Code 06860, Cuauhtémoc Municipality, Mexico City, with a surface area of 2,884.86 square meters, with Federal Real Estate Registry number 9-17840-2, segregated from a larger federal property with a total surface area of 15,041.12 square meters, composed of two fractions that form a single topographical unit, the first with a surface area of 5,057.82 square meters and the second with a surface area of 9,983.30 square meters.

SECOND.- That ownership of the property subject to this Agreement is accredited with the contract of alienation at no cost and assignment of possessory rights number CD-A 2015 008 dated August 14, 2015, and its Addendum dated March 18, 2016, both registered in the Federal Property Registry under Real Folios 41977/1 and 37010/1, both dated September 22, 2015.

THIRD.- That on October 7, 2015, the Act was signed in which the legal delivery of the assets subject to the "Loan Agreement" dated August 11, 2010, was recorded, which was carried out by the Federal Electricity Commission to the Ministry of 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 60.

FOURTH.- That by 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 patrimony of the properties listed in the relationship named "Properties 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 dedicate them to the fulfillment of the purpose for which it was created, the property subject to this Agreement being in consecutive number 128.

FIFTH.- That on October 16, 2018, the Property Use Management Directorate, attached to the General Directorate of Federal Real Estate Patrimony Administration, ruled 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 provisions are established in the Matter of Material Resources and General Services, on the grounds that the property described in the First Consideration of this Agreement will be the subject of the disposal act provided for in fraction VI of article 84 of the General Law of National Assets, therefore, it does not appear nor has it appeared as "available" in the Federal and Paraestatal Real Estate Information System, in addition to not being suitable to be destined to the service of any other Public Institution, other than the one that has been using it.

SIXTH.- That the Real Estate Utilization Committee in its (9th/18) Ninth Ordinary Session of 2018, held on October 24, 2018, by Agreement 102/18 CAI, unanimously approved the positive opinion for the disincorporation of 329 properties from the federal public domain regime for their contribution to the patrimony of the Federal Electricity Commission and its Subsidiary Productive Enterprises, among them, the property described in the First Consideration of this Agreement; with the purpose that they continue to use them 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 Real Estate Policy and 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, by which it determined that the 329 properties subject to the opinion (including the property subject to this Agreement) are not useful for public service, therefore, they 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 by 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, among them the property subject to this Agreement, identified in the relationship attached to said letter in consecutive number 28, is not included in the "INBAL List of Properties with Artistic Value".

NINTH.-

That the measures and boundaries of the property subject to this Agreement are recorded in the topographic plan prepared to a scale of 1:400 by the Federal Electricity Commission, approved and registered by the Directorate of Public Registry and Real Estate Control, attached to the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Assets, with number DRPCI/6913/9-17840-2/2021/T on February 10, 2021 and certified on May 27, 2021.

The total surface area resulting from the topographic survey is 15,041.12 square meters, while the property background indicates 5,059.31 square meters and 9,994.25 square meters, being a total of 15,053.56 square meters, which represents a difference of 12.44 square meters (0.08%) in deficit, which is within the tolerance accepted by the Institute of Administration and Appraisal of National Assets and is due to the different methods and measurement equipment used.

The topographic plan records a total surface area of 15,041.12 square meters, of which CFE Distribución has 2,884.86 square meters, composed of a real occupation of 2,266.21 square meters and a shared access road surface of 618.65 square meters, which will be contributed to its patrimony through this, with the Federation retaining a remaining fraction of 12,156.26 square meters.

TENTH.-

That by letter number 401.3S.1-2022/1579 dated August 3, 2022, the National Institute of Anthropology and History, through the Directorate of Authorizations and Inspections, attached to the National Coordination of Historical Monuments, informed that the property subject to this Agreement is not considered a historical monument, does not border any of these, and is located outside the limits of a historical zone, however, due to being located in a zone with high potential for archaeological vestiges, only in case of starting any work with excavation, it is necessary that it has the approval of the Directorate of Archaeological Salvage.

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

That 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 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 patrimony the optimal utilization, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST.- The federal property with a surface area of 2,884.86 square meters, named "Superintendencia Nororiente", located at Juan Mateos Street without number, corner of Calzada Chabacano, Vista Alegre Neighborhood, Postal Code 06860, Cuauhtémoc Municipality, Mexico City, with Federal Real Estate Registry number 9-17840-2, is disincorporated from the federal public domain regime and its contribution to the patrimony of CFE Distribución, 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 that is authorized.

THIRD.- If CFE Distribución ceases to use the property whose contribution to its patrimony is authorized, gives it a use different from that established in this Agreement without the prior authorization of this Institute, or ceases to need it, said property with all its improvements and accessions will revert to the patrimony of the Federation. This condition must be inserted in the title of property issued for this effect.

FOURTH.- The taxes, rights, fees, and expenses that may arise as a result of the real estate operation that is authorized, will be covered by CFE Distribución.

FIFTH.- The Institute of Administration and Appraisal of National Assets, within the scope of its attributions through the General Directorate of Federal Real Estate Patrimony Administration, will monitor the strict compliance of this Agreement.

SIXTH.- In order to formalize the contribution contract that is 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 Mexico City; the above, since it is indispensable to keep updated the information of the Inventory System of the Federal and Paraestatal Real Estate Patrimony, as well as the legal situation of the Federal Properties.

SEVENTH.- If within the year following the entry into force of this Agreement, the corresponding contract for the real estate operation that is authorized has not been celebrated due to causes attributable to CFE Distribución, 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 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, July 31, 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

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