Decree Of August 30, 2012

Original Language Title: Decreto de 30 de agosto de 2012

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DECREE OF August 30, 2012

Declaration of public utility, for the purposes of misappropriation, in favor of Autopician Auto Dealership S.A., the real estate you mention, located in the Municipality of Niterói, in the State of Rio de Janeiro.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of art. 3º, art. 5º, caput, points "h" and "i", and art. 6º of Decree-Law No. 3,365 of June 21, 1941, at art. 29, caput, inciso VIII, and 31, caput, inciso VI, of Law No. 8,987 of February 13, 1995, and in accordance with what is stated in the ANTT Case No. 50500.112228 /2011-40,

D E C R E T A:

Art. 1º Stay declared of public utility, for the purposes of dispossession, total or partial, in favor of the Fluminense Automotive Auto Dealership S.A., the real estate bounded by the topographical coordinates described below, excluded the domain goods public, adjacent to Highway Governor Mário Covas, BR-101/RJ, necessary to the execution of the duplication works of the Avenue of the Conaround, in the stretch between the km 320 + 100m and the km 320 + 940m:

I-area 01: with divisa line departing from point named 01, from coordinates N=7470599, 0958 and E= 694169.7007, being constituted by the related segments: Segment 1-2-in straight line with azimute 163 ° 48'26 ", distance from 10 ,85m; Segment 2-3-in straight line with azimute 163 ° 48' 34", distance from 12 ,13m; Segment 3-4-in straight line with azimute 167 ° 7'8 ", distance of 8,21m; Segment 4-5-in straight line with azimute 170 ° 17' 13", distance of 7,45m; Segment 5-6-in straight line with azimute 170 ° 45'17 ", distance of 7,3m; Segment 6-7-in straight line with azimute 174 ° 33' 35", distance of 5,72m; Segment 7-8-in straight line with azimute 177 ° 02'47 ", distance of 5,54m; Segment 8-9-in straight line with azimute 180 ° 38' 01", distance of 7,07m; Segment 9-10-in straight line with azimute 188 ° 24' 25 ", distance from 12 ,92m; Segment 10- 11-in straight line with azimute 181 ° 49'27 ", distance from 24 ,74m; Segment 11-12-in straight line with azimute 181 ° 37' 31", distance from 12 ,72m; Segment 12-13-in straight line with azimute 179 ° 14' 14 ", distance of 2,84m; Segment 13-14-in straight line with azimute 182 ° 19'27 ", distance of 1,63m; Segment 14-15-in straight line with azimute 185 ° 13' 28", distance of 4,15m; Segment 15-16-in straight line with azimute 179 ° 35' 52 ", distance from 10 ,47m; Segment 16-17-in straight line with azimute 185 ° 47'14 ", distance from 21 ,3m; Segment 17-18-in straight line with azimute 184 ° 24' 46", distance from 24 ,36m; Segment 18-19-in straight line with azimute 185 ° 15' 12 ", distance from 24 ,81m; Segment 19-20-in straight line with azimute 185 ° 1'47", distance from 20 ,33m; Segment 20-21-in straight line with azimute 202 ° 57'9 ", distance of 9,99m; Segment 21-22-in straight line with azimute 334 ° 34' 37", distance of 4,38m; Segment 22-23-in straight line with azimute 264 ° 49' 23 "23" distance from 0,91m; Segment 23-24-in straight line with azimute 289 ° 29'00 ", distance from 22 ,21m; Segment 24-25-in straight line with azimute 289 ° 56' 43", distance of 1,7m; Segment 25-26-in straight line with azimute 8 ° 13' 38 ", distance from 96 ,74m; Segment 26-27- in straight line with azimute 7 ° 19'1 ", distance from 87 ,56m; Segment 27-1-in straight line with azimute 6 ° 29' 49", distance from 37 ,62m; permaking an area of 4,669 ,83m2 (four thousand, seishundred and sixty-nine square meters and eighty-three decimeters squares) ;

II-area 02: with divisa line departing from point named 01, of coordinates N= 7,470,301.1108 and E= 694,178.5433, being constituted by the related segments: Segment 1-2-in straight line with azimute 42 ° 24'54 ", distance of 3,58m; Segment 2-3-in straight line with azimute 42 ° 24' 54", distance of 1,84m; Segment 3-4-in straight line with azimute 49 ° 09'43 ", distance of 1,89m; Segment 4-5-in straight line with azimute 61 ° 50' 12", distance of 9,82m; Segment 5-6-in straight line with azimute 114 ° 53'55 ", distance of 3,98m; Segment 6-7-in straight line with azimute 188 ° 55' 18", distance from 13 ,61m; Segment 7-8-in straight line with azimute 191 ° 17'07 ", distance of 41,61m; Segment 8-9-in straight line with azimute 202 ° 33' 10", distance from 90 ,04m; Segment 9-10-in straight line with azimute 210 ° 5' 14 ", distance from 80 ,03m; Segment 10-11-in straight line with azimute 216 ° 50'54 ", distance from 21 ,74m; Segment 11-12-in straight line with azimute 336 ° 57' 10", distance from 21 ,84m; Segment 12-13-in straight line with azimute 351 ° 57' 00 ", distance of 2,71m; Segment 13-14 -in straight line with azimute 27 ° 51'05 ", distance of 2,53m; Segment 14-15-in straight line with azimute 40 ° 07'21", distance from 22 ,29m; Segment 15-16-in straight line with azimute 38 ° 54' 11 ", distance from 61 ,51m; Segment 16-17-in straight line with azimute 22 ° 33'10 ", distance from 89 ,17m; Segment 17-18-in straight line with azimute 4 ° 02' 11", distance from 11 ,77m; Segment 18-19-in straight line with azimute 356 ° 37'13 ", distance of 1,19m; Segment 19-20-in straight line with azimute 347 ° 57' 30", distance of 8,52m; Segment 20-21-in straight line with azimute 295 ° 44'09 ", distance of 0,47m; Segment 21-22-in straight line with azimute 0 ° 01'38", distance from 12 ,77m; Segment 22-23-in straight line with azimute 94 ° 33' 49 ", distance of 2,07m; Segment 23-24-in straight line with azimute 8 ° 49'43 ", distance of 3,82m; Segment 24-25-in straight line with azimute 357 ° 37' 48", distance of 3,5m; Segment 25-1-in straight line with azimute 1 ° 47' 15 ", distance of 2,23m; permaking an area of 2,922 ,20m² (two thousand, novecents and twenty-two square meters and twenty square decimals) ;

III-area 03: with divisa line departing from point named 01, of coordinates N= 7,470,326.8408 and E= 694,150.161, being constituted by the related segments: Segment 1-2-in straight line with azimute 224 ° 03'43 ", distance of 2,23m; Segment 2-3-in straight line with azimute 180 ° 39' 37", distance of 2,96m; Segment 3-4-in straight line with azimute 210 ° 19'4 ", distance of 3,94m; Segment 4-5-in straight line with azimute 196 ° 56' 12", distance from 20 ,79m; Segment 5-6-in straight line with azimute 183 ° 31'33 ", distance of 1,87m; Segment 6-7-in straight line with azimute 198 ° 27' 59", distance from 12 ,46m; Segment 7-8-in straight line with azimute 196 ° 10'45 ", distance of 8,03m; Segment 8-9-in straight line with azimute 198 ° 06' 35", distance from 10 ,26m; Segment 9-10-in straight line with azimute 202 ° 09' 10 ", distance from 67 ,91m; Segment 10-11-in straight line with azimute 204 ° 6'23 ", distance from 13 ,21m; Segment 11-12-in straight line with azimute 203 ° 36' 36", distance from 20 ,38m; Segment 12-13-in straight line with azimute 200 ° 37' 33 ", distance from 18 ,54m; Segment 13-14-14- in straight line with azimute 213 ° 46'56 ", distance from 19 ,61m; Segment 14-15-in straight line with azimute 215 ° 24' 46", distance from 19 ,43m; Segment 15-16-in straight line with azimute 20 ° 55' 47 ", distance from 19 ,99m; Segment 16-17-in straight line with azimute 26 ° 34'5 ", distance from 36 ,05m; Segment 17-18-in straight line with azimute 23 ° 45' 55", distance from 34 ,35m; Segment 18-19-in straight line with azimute 22 ° 6'25 ", distance from 57 ,52m; Segment 19-20-in straight line with azimute 18 ° 55' 31", distance from 33 ,24m; Segment 20-21-in straight line with azimute 17 ° 39'24 ", distance from 30 ,53m; Segment 21-22-in straight line with azimute 7 ° 59' 56", distance from 12 ,87m; Segment 22-1-in straight line with azimute 136 ° 44' 3 ", distance of 9,33m; permaking an area of 1,218 ,81m² (one thousand, two hundred and eighteen square meters and eighty-one square decimeters) ;

IV-area 04: with divisa line departing from point named 01, of coordinates N= 7,470,094.0642 and E= 694,074.6535, being constituted by the related segments: Segment 1-2-in straight line with azimute 149 ° 49'25 ", distance from 22 ,63m; Segment 2-3-in straight line with azimute 150 ° 8' 18", distance of 3,36m; Segment 3-4-in straight line with azimute 216 ° 50'54 ", distance from 28 ,26m; Segment 4-5-in straight line with azimute 224 ° 5' 36", distance from 31 ,16m; Segment 5-6-in straight line with azimute 238 ° 14'31 ", distance from 31 ,16m; Segment 6-7-in straight line with azimute 239 ° 25' 26", distance from 11 ,71m; Segment 7-8-in straight line with azimute 241 ° 29'14 ", distance from 13 ,38m; Segment 8-9-in straight line with azimute 240 ° 35' 20", distance of 9,81m; Segment 9-10-in straight line with azimute 241 ° 6' 6 ", distance of 5,59m; Segment 10-11-in straight line with azimute 240 ° 38'8 ", distance from 15 ,79m; Segment 11-12-in straight line with azimute 326 ° 42' 48", distance of 0,43m; Segment 12-13-in straight line with azimute 236 ° 42' 48 ", distance of 3,79m; Segment 13-14- in straight line with azimute 327 ° 10'0 ", distance of 1,53m; Segment 14-15-in straight line with azimute 237 ° 10' 0", distance of 3,37m; Segment 15-16-in straight line with azimute 224 ° 13' 26 ", distance of 2,09m; Segment 16-17-in straight line with azimute 245 ° 16'50 ", distance of 7,26m; Segment 17-18-in straight line with azimute 244 ° 0' 28", distance of 4,59m; Segment 18-19-in straight line with azimute 170 ° 38' 34 ", distance of 1,07m; Segment 19-20-in straight line with azimute 249 ° 51'50", distance of 8,67m; Segment 20-21-in straight line with azimute 247 ° 34'22 ", distance from 12 ,81m; Segment 21-22-in straight line with azimute 256 ° 59' 26", distance from 10 ,96m; Segment 22-23-in straight line with azimute 51 ° 35' 11 ", distance from 10 ,71m; Segment 23-24-in straight line with azimute 48 ° 42'44 ", distance of 2,51m; Segment 24-25-in straight line with azimute 51 ° 2' 58", distance from 18 ,72m; Segment 25-26-in straight line with azimute 132 ° 48' 33 ", distance of 0,53m; Segment 26- 27-in straight line with azimute 51 ° 6'1 ", distance from 22 ,3m; Segment 27-28-in straight line with azimute 50 ° 58' 40", distance from 14 ,5m; Segment 28-29-in straight line with azimute 51 ° 18' 46 ", distance from 15 ,65m; Segment 29-30-in straight line with azimute 324 ° 4'48 ", distance of 0,54m; Segment 30-31-in straight line with azimute 51 ° 44' 6", distance of 6,85m; Segment 31-32-in straight line with azimute 49 ° 40'14 ", distance of 3,14m; Segment 32-33-in straight line with azimute 49 ° 17' 34", distance of 7,01m; Segment 33-34-in straight line with azimute 50 ° 0'42 ", distance from 12 ,25m; Segment 34-35-in straight line with azimute 46 ° 16' 4", distance from 10 ,63m; Segment 35-36-in straight line with azimute 47 ° 58' 59 ", distance of 0,87m; Segment 36-37-in straight line with azimute 45 ° 32'3 ", distance from 14 ,1m; Segment 37-38-in straight line with azimute 130 ° 37' 33", distance of 0,98m; Segment 38-39-in straight line with azimute 46 ° 50' 5 ", distance from 17 ,6m; Segment 39-40-in straight line with azimute 42 ° 26'13 ", distance from 18 ,1m; Segment 40-41-in straight line with azimute 41 ° 30' 40", distance from 10 ,31m; Segment 41-42-in straight line with azimute 64 ° 16' 54 ", distance of 0,71m; Segment 42-43-in straight line with azimute 39 ° 34'8 ", distance of 8,27m; Segment 43-44-in straight line with azimute 47 ° 46' 25", distance of 4,35m; Segment 44-1-in straight line with azimute 89 ° 59' 51 ", distance of 2,48m; permaking an area of 4,174 ,95m² (four thousand, one hundred and seventy and four square meters and ninety and five square decimeters) ; and

V-area 05: with divisa line departing from point named 01, of coordinates N= 7,469,980.5103 and E= 693,993.8238, being constituted by the related segments: Segment 1-2-in straight line with azimute 151 ° 51'49 ", distance of 1,46m; Segment 2-3-in straight line with azimute 231 ° 51'24", distance from 15 ,46m; Segment 3-4-in straight line with azimute 227 ° 56'50 ", distance from 53 ,87m; Segment 4-5-in straight line with azimute 253 ° 27' 43", distance from 13 ,26m; Segment 5-6-in straight line with azimute 297 ° 5'2 ", distance from 13 ,65m; Segment 6-7-in straight line with azimute 296 ° 12' 39", distance from 19 ,04m; Segment 7-8-in straight line with azimute 70 ° 25'6 ", distance of 5,73m; Segment 8-9-in straight line with azimute 70 ° 50' 28", distance of 4,64m; Segment 9-10-in straight line with azimute 69 ° 47' 47 ", distance of 8,17m; Segment 10-11-in straight line with azimute 69 ° 9'4 ", distance from 21 ,42m; Segment 11-12-in straight line with azimute 69 ° 45' 16", distance from 58 ,11m; Segment 12-13-in straight line with azimute 339 ° 8' 48 ", distance of 1,27m; Segment 13-1-in straight line with azimute 64 ° 44' 20 ", distance of 2,08m; permaking an area of 1,358 ,52m² (one thousand, three hundred and fifty-eight square meters and fifty-two square decimeters).

Art. 2º Stay the Fluminense Auto Auto Dealership S.A. authorized to promote, with own resources, the dispossession of the areas of land and benefits of which it treats art. 1º, in the form of the current legislation and regulations.

Single Paragraph. The exproprier is allowed to invoke the urgency character in the process of dispossessing that it treats the caput, for purposes of immission in possession, in the terms of art. 15 of Decree-Law No. 3,365 of June 21, 1941.

Art. 3º The public utility declaration that it treats this Decree does not exonerate the dealership from prior obtaining of the licensing and fulfilment of the obligations to the environmental entities and other bodies of the public administration, necessary to the effectivation of the works and activities referred to in art. 1º.

Art. 4th This Decree goes into effect on the date of its publication.

Brasilia, August 30, 2012 ; 191º of the Independence and 124º of the Republic.

DILMA ROUSSEFF

Paulo Sérgio Oliveira Passos