Agreement to disincorporate the Subestación Vito federal property from the Federation's public domain and authorize its contribution to the assets of CFE Distribución — SHCP — MX

DOF: 09/08/2024

A seal bearing the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Properties.- AD-009-2024.

AGREEMENT to disincorporate from the Federation's public domain regime and authorize the contribution to the assets of the Subsidiary Productive Enterprise of the Federal Electricity Commission CFE Distribución, the federal property with an area of 6,696.95 square meters, named "Subestación Vito", located at Carretera México-Querétaro desviación a Tula S/N, Postal Code 42860, Municipality of Atotonilco de Tula, State of Hidalgo, with Federal Real Estate Registry number 13-12378-8.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Properties, 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 Properties; 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 Properties;

CONSIDERING

FIRST.- That among the assets subject to the Federation's public domain regime, there is the federal property with an area of 6,696.95 square meters, named "Subestación Vito", located at Carretera México-Querétaro desviación a Tula S/N, Postal Code 42860, Municipality of Atotonilco de Tula, State of Hidalgo, with Federal Real Estate Registry number 13-12378-8, segregated from a larger federal property with a total area of 8,988.48 square meters.

SECOND.- That the ownership of the property subject to this Agreement is evidenced by the Contract of Alienation at No Consideration 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 Public Property Registry under Real Folio number 25329/1, dated March 6, 2020.

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 Public Function, through its then Decentralized Body, the Institute of Administration and Appraisal of National Properties, who in turn, in the same act, delivered to the Federal Electricity Commission the real estate assets related in Annexes 2, 3 and 4, the latter named "436 REAL ESTATE ASSETS", in which the property subject to this Agreement is identified with consecutive number 146.

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 Properties for the contribution to its assets 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 occupied jointly", which was attached to the aforementioned letter, to dedicate them to the fulfillment of the purpose for which it was created, with said property being in consecutive number 12.

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, determined not to carry out the dissemination provided for in Article 49, fraction II of the General Law of National Properties and in numeral 118 of the Agreement establishing provisions in Matters 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 disposition act provided for in Article 84, fraction VI of the General Law of National Properties, therefore, it does not and has not appeared as available in the Federal and Paraestatal Real Estate Information System, in addition to not being suitable to be destined for the service of any other Public Institution other than the one currently using it.

SIXTH.- That in its (9th/18) Ninth Ordinary Session of 2018, held on October 24, 2018, the Real Estate Utilization Committee by Agreement 102/18 CAI, approved unanimously the positive opinion for the disincorporation of 329 properties from the Federation's public domain regime for their contribution to the assets of the Federal Electricity Commission and its Subsidiary Productive Enterprises, among them, the property object of 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 electrical energy 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 Properties, 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 the Fifth Section of Chapter II of the General Law of National Properties.

EIGHTH.- That the measures and boundaries of the property subject to this Agreement are recorded in the topographic plan prepared at a scale of 1:400 by the Federal Electricity Commission, approved and registered by the Directorate of Public Registry and Real Estate Control, of the General Directorate of Real Estate Policy and Management of the Institute of Administration and Appraisal of National Properties, with number DRPCI/6497/13-12378-8/2019/T on March 6, 2019 and certified on April 10, 2019.

The topographic plan records a total area of 8,988.48 square meters, of which CFE Distribución has 6,696.95 square meters, composed of a real occupation area of 5,417.72 square meters, a shared access road area of 763.66 square meters and an area of affectation by roadway of 515.57 square meters, which will be contributed to its assets through this, with the Federation retaining a remaining fraction of 2,291.53 square meters.

NINTH.- 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, including the property subject to this Agreement, identified in the list attached to said letter in consecutive number 178, are not included in the INBAL List of Properties with Artistic Value.

TENTH.- That by letter number 401.2C.7.2022/666, dated September 12, 2022, the National Institute of Anthropology and History, through the Directorate of the INAH Hidalgo Center, determined that the property subject to this Agreement is not a historical monument, nor adjacent to any with such characteristics.

ELEVENTH.- That the legal documentation was duly integrated and cross-checked with that held in the Federal and Paraestatal Real Estate Information System.

TWELFTH.- That the General Directorate of Administration of Federal Real Estate Assets 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 from the Federation's 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 held in the processing file integrated by said General Directorate.

That based on Article 9, fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Properties, the Legal Unit reviewed and issued a favorable opinion regarding this Agreement; 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 assets, I have deemed it appropriate to issue the following:

AGREEMENT

FIRST.- The federal property with an area of 6,696.95 square meters, named "Subestación Vito", located at Carretera México-Querétaro desviación a Tula S/N, Postal Code 42860, Municipality of Atotonilco de Tula, State of Hidalgo, with Federal Real Estate Registry number 13-12378-8 is disincorporated from the Federation's 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 Properties 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 ceases to need it, said property with all its improvements and accessions will revert to the assets of the Federation. This condition must be inserted in the title of property issued for this purpose.

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

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

SIXTH.- In order to formalize 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 Paraestatal 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 Properties, this Agreement will become void, and this Institute must publish in the Official Gazette of the Federation an Agreement to make this circumstance known, as well as notify 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 Properties, Víctor Julián Martínez Bolaños.- Signature.

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