Decree Of 31 January 2013

Original Language Title: Decreto de 31 de janeiro de 2013

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DECREE OF January 31, 2013

Declares of public utility, for the purposes of misappropriation, in favor of the Off-river Judge Road Concession Company, the real estate it mentions, located in the Municipality of Petrópolis, State of Rio de Janeiro.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers him on art. 84, caput, inciso IV, of the Constitution, 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 art. 31, caput, inciso VI, of Law No. 8,987 of February 13, 1995, and in accordance with the one in the ANTT Case No 50500.043052 /2011-79,

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 Off-river Judge Road Grant Company-CONCER, the real estate covered and delimited by the topographical coordinates described below, excluded public domain goods, adjacent to Highway Washington Luiz, BR-040/RJ, located in the Municipality of Petrópolis, State of Rio de Janeiro, necessary for the execution of the construction works of new climb of the Serra de Petrópolis, in the excerpt between the km 088 + 000m and the km 091 + 000m:

I-Area 01, with divisa line initiated under point 01, of coordinates N= 7505854.279 and E= 682052.0766, consisting of the related segments: segment 01-02-in straight line with azimute 73 ° 47' 49 ", distance from 44 ,02m; segment 02- 03-in straight line with azimute 73 ° 47'49 ", distance of 6,69m; segment 03-04-in straight line with azimute 346º8' 24", distance from 14 ,08m; segment 04-05-in straight line with azimute 278 ° 4' 55 ", distance from 3,39m; segment 05-06-in straight line with azimute 271 ° 22'44 ", distance of 2,89m; segment 06-07-in straight line with azimute 265 ° 43' 44", distance from 11 ,70m; segment 07-08-in straight line with azimute 258 ° 4' 10 ", distance from 15 ,41m; segment 08-09-in straight line with azimute 249 ° 17' 43 ", distance of 2,21m; segment 09-01-in straight line with azimute 243 ° 31'0", distance from 13 ,88m, permaking the area of 596.93 m2 ;

II-Area 02, with divisa line initiated under point 01, of coordinates N=7506031.8729 and E= 682102.6691, consisting of the related segments: segment 01-02-in straight line with azimute 7 ° 12' 37 ", distance from 50 ,00m; segment 02- 03-in straight line with azimute 347 ° 40' 48 ", distance from 71 ,12m; segment 03-04? in straight line with azimute 252º33'55 ", distance from 143 ,15m; segment 04-05-in straight line with azimute 290 ° 20' 5", distance from 15 ,48m; segment 05-06-in straight line with azimute 244 ° 31'55 ", distance from 16 ,22m; segment 06-07-in straight line with azimute 231 ° 47'16 ", distance from 56 ,55m; segment 07-08-in straight line with azimute 241 ° 42' 55", distance from 462 ,71m; segment 08-09-in straight line with azimute 232 ° 43' 37 ", distance from 43 ,71m; segment 09-10-in straight line with azimute 227 ° 45'22 ", distance from 231 ,77m; segment 10-11-in straight line with azimute 309 ° 10' 46", distance from 23 ,10m; segment 11-12-in straight line with azimute 227 ° 36'30 ", distance from 31 ,39m; segment 12-13-in straight line with azimute 164º55' 27", distance from 24 ,53m; segment 13-14? in straight line with azimute 234º11'51 ", distance from 164 ,26m; segment 14-15-in straight line with azimute 253 ° 56'31", distance from 72 ,15m; segment 15-16-in straight line with azimute 262 ° 33' 34 ", distance from 35 ,96m; segment 16-17-in straight line with azimute 345 ° 6'0 ", distance from 33 ,22m; segment 17-18-in straight line with azimute 263 ° 28' 22", distance from 34 ,70m; segment 18-19-in straight line with azimute 319 ° 26' 42 ", distance from 75 ,54m; segment 19-20? in straight line with azimute 222 ° 37'3 ", distance from 151 ,81m; segment 20-21-in straight line with azimute 272 ° 4' 2", distance from 11 ,61m; segment 21-22-in straight line with azimute 160 ° 49' 16 ", distance from 22 ,08m; segment 22-23-in straight line with azimute 162º33'10 ", distance from 34 ,44m; segment 23-24-in straight line with azimute 176º11'9", distance from 15 ,91m; segment 24-25-in straight line with azimute 54 ° 24' 45 ", distance from 43 ,45m; segment 25-26-in straight line with azimute 54 ° 42' 32", distance from 22 ,09m; segment 26-27-in straight line with azimute 56 ° 50'42 ", distance from 22 ,68m; segment 27-28-in straight line with azimute 61 ° 10' 50", distance from 23 ,16m; segment 28-29-in straight line with azimute 67 ° 20' 48 ", distance from 25 ,31m; segment 29-30-in straight line with azimute 74º59'56 ", distance from 25 ,87m; segment 30-31-in straight line with azimute 80 ° 43' 21", distance from 25 ,67m; segment 31-32-in straight line with azimute 83 ° 17' 8 ", distance from 58 ,40m; segment 32- 33-in straight line with azimute 80 ° 58'11 ", distance from 17 ,30m; segment 33-34-in straight line with azimute 76 ° 37' 40", distance from 17 ,81m; segment 34-35-in straight line with azimute 71 ° 6' 41 ", distance from 14 ,94m; segment 35-36-in straight line with azimute 65 ° 20'58 ", distance from 15 ,93m; segment 36-37-in straight line with azimute 60 ° 0' 49", distance from 16 ,01m; segment 37-38-in straight line with azimute 56º35'36 ", distance from 19 ,22m; segment 38-39-in straight line with azimute 54º17' 1", distance from 57 ,03m; segment 39-40-in straight line with azimute 52 ° 55'57 ", distance from 38 ,88m; segment 40-41-in straight line with azimute 51 ° 12' 9", distance from 13 ,35m; segment 41-42-in straight line with azimute 49 ° 43' 41 ", distance from 12 ,08m; segment 42-43-in straight line with azimute 48 ° 29'23 ", distance from 19 ,28m; segment 43-44-in straight line with azimute 47 ° 41'39", distance from 56 ,92m; segment 44-45-in straight line with azimute 47º36' 48 ", distance from 175 ,91m; segment 45-46- in straight line with azimute 48º19' 59 ", distance from 42 ,39m; segment 46-47? in straight line with azimute 51 ° 6'23 ", distance from 21 ,87m; segment 47-48-in straight line with azimute 54 ° 20' 51", distance from 21 ,86m; segment 48-49-in straight line with azimute 58 ° 8' 21 ", distance from 21 ,66m; segment 49-50-in straight line with azimute 60 ° 50'33 ", distance from 39 ,90m; segment 50-51-in straight line with azimute 62 ° 1'40", distance from 43 ,10m; segment 51-52-in straight line with azimute 61º59' 29 ", distance from 118 ,30m; segment 52 -53-in straight line with azimute 61 ° 59' 23", distance from 139 ,94m; segment 53? 54-in straight line with azimute 61 ° 55'53 ", distance from 60 ,16m; segment 54-55-in straight line with azimute 62 ° 48' 16", distance from 43 ,53m; segment 55-56-in straight line with azimute 69 ° 17' 43 ", distance from 25 ,60m; segment 56-57-in straight line with azimute 78 ° 4'41 ", distance from 23 ,21m; segment 57-58-in straight line with azimute 85 ° 43' 44", distance from 12 ,15m; segment 58-59-in straight line with azimute 91 ° 22' 44 ", distance from 11 ,62m; segment 59-60-in straight line with azimute 97º30'26 ", distance from 21 ,69m; segment 60-61-in straight line with azimute 104º25' 26", distance from 27 ,86m; segment 61-62-in straight line with azimute 111 ° 34'39 ", distance from 82 ,05m; segment 62-01-in straight line with azimute 116 ° 54' 34", distance of 22 ,29m, permaking the area of 33,858.24 m2 ;

III-Area 03, with divisa line initiated under point 01, of coordinates N= 7504584.3712 and E= 681383.5045, consisting of the related segments: segment 01-02-in straight line with azimute 272 ° 15' 28 ", distance of 3,57m; segment 02 -03-in straight line with azimute 281 ° 0'19 ", distance from 11 ,32m; segment 03-04-in straight line with azimute 299º44' 42", distance of 7,58m; segment 04-05-in straight line with azimute 318 ° 48' 51 ", distance from 11 ,15m; segment 05-06-in-line straight with azimute 336 ° 30'5 ", distance of 8,45m; segment 06-07-in straight line with azimute 343 ° 28' 26", distance of 8,44m; segment 07-08-in straight line with azimute 0 ° 0' 0 ", distance from 9,29m; segment 08-09-in straight line with azimute 16 ° 55'39 ", distance of 8,70m; segment 09-10-in straight line with azimute 24 ° 26' 38", distance of 9,21m; segment 10-11-in straight line with azimute 36 ° 15'14 ", distance of 6,73m; segment 11-12-in straight line with azimute 43 ° 27' 7", distance from 10 ,23m; segment 12-13-in straight line with azimute 54º14'46 ", distance from 11 ,23m; segment 13-14-in straight line with azimute 72º19' 40", distance from 50 ,00m; segment 14-15-in straight line with azimute 62 ° 54' 16 ", distance from 24 ,12m; segment 15 -16-in straight line with azimute 45 ° 56'21 ", distance from 23 ,06m; segment 16-17-in straight line with azimute 22 ° 4' 4", distance from 21 ,76m; segment 17-18? in straight line with azimute 3 ° 28' 6 ", distance from 17 ,19m; segment 18? 19-in straight line with azimute 356 ° 11'42 ", distance from 17 ,16m; segment 19-20-in straight line with azimute 82 ° 42'55", distance from 29 ,91m; segment 20-21-in straight line with azimute 161 ° 49' 25 ", distance from 55 ,80m; segment 21-22-in straight line with azimute 176º11'9 ", distance from 17 ,96m; segment 22-23-in straight line with azimute 189º43' 39", distance of 9,62m; segment 23-24-in straight line with azimute 234 ° 21'23 ", distance from 89 ,24m; segment 24? 25-in straight line with azimute 234 ° 22'48 ", distance from 20 ,36m; segment 25-26-in straight line with azimute 234 ° 28' 54", distance from 19 ,71m; segment 26-27-in straight line with azimute 234 ° 9' 14 ", distance from 21 ,41m; segment 27-01-in straight line with azimute 231 ° 55' 13 ", distance from 12 ,74m, permaking the area of 11,655.89 m2 ;

IV-Area 04, with divisa line initiated under point 01, of coordinates N= 750493.9471 and E= 681229.5214, consisting of the related segments: segment 01-02-in straight line with azimute 300 ° 24' 59 ", distance from 25 ,69m; segment 02- 03-in straight line with azimute 11 ° 33' 20 ", distance from 103 ,20m; segment 03? 04-in straight line with azimute 22º51'57 ", distance from 67 ,87m; segment 04-05-in straight line with azimute 115 ° 27'59", distance from 16 ,13m; segment 05-06-in straight line with azimute 156 ° 30' 5 ", distance from 13 ,20m; segment 06-07-in straight line with azimute 138 ° 48'51 ", distance from 17 ,62m; segment 07-08-in straight line with azimute 119 ° 44' 42", distance from 14 ,24m; segment 08-09? in straight line with azimute 101 ° 0'19 ", distance of 2,73m; segment 09-10-in straight line with azimute 226 ° 15' 41", distance of 8,81m; segment 10-11-in straight line with azimute 215 ° 37' 39 ", distance from 13 ,63m; segment 11-12-in straight line with azimute 305 ° 37'39 ", distance from 22 ,00m; segment 12-13-in straight line with azimute 215º37' 39", distance from 18 ,28m; segment 13-14? in straight line with azimute 203º54'26 ", distance from 32 ,48m; segment 14-15-in straight line with azimute 193 ° 40' 29", distance from 30 ,04m; segment 15-16-in straight line with azimute 187 ° 28' 22 ", distance from 23 ,33m; segment 16-17-in straight line with azimute 184 ° 59'41 ", distance from 29 ,57m; segment 17-01-in straight line with azimute 203 ° 37' 55", distance of 6.64m, permaking the area of 4,743.36 m2 ;

V-Area 05, with divisa line initiated under point 01, of coordinates N= 7504722.7578 and E= 680963.6679, consisting of the related segments: segment 01-02-in straight line with azimute 159 ° 44' 38 ", distance from 296 ,79m; segment 02 -03-in straight line with azimute 48 ° 29' 10 ", distance from 175 ,37m; segment 03? 04-in straight line with azimute 24º34'48 ", distance from 124 ,48m; segment 04-05-in straight line with azimute 28 ° 4' 21", distance from 262 ,06m; segment 05-01-in straight line with azimute 215 ° 40' 22 ", distance from 152 ,76m, permaking the area of 61,619.82 M2 ;

VI-Area 06, with divisa line initiated at point 01, of coordinates N=7505534.2042 and E= 680980.5971, consisting of the related segments: segment 01-02-in straight line with azimute 95 ° 44' 11 ", distance from 18 ,56m; segment 02- 03-in straight line with azimute 62 ° 0'13 ", distance from 76 ,26m; segment 03-04-in straight line with azimute 19º23' 15", distance from 289 ,13m; segment 04-05-in straight line with azimute 313 ° 56' 5 ", distance from 219 ,80m; segment 05-06-in straight line with azimute 247 ° 38'23 ", distance from 38 ,04m; segment 06-07-in straight line with azimute 291 ° 6' 15", distance from 20 ,22m; segment 07-08-in straight line with azimute 281 ° 9' 42 ", distance from 47 ,00m; segment 08-09-in straight line with azimute 307 ° 21'19 ", distance of 9,44m; segment 09-10-in straight line with azimute 272 ° 45'12", distance from 14 ,03m; segment 10-11-in straight line with azimute 250 ° 59' 13 ", distance from 14 ,06m; segment 11-12-in straight line with azimute 265 ° 47' 19", distance from 57 ,28m; segment 12-13-in straight line with azimute 269º42'21 ", distance from 107 ,77m; segment 13-14-in straight line with azimute 18º16' 44", distance from 262 ,97m; segment 14-15? in straight line with azimute 335 ° 34'7 ", distance from 52 ,59m; segment 15-16-in straight line with azimute 227 ° 34' 7", distance from 39 ,05m; segment 16-17-in straight line with azimute 227 ° 43' 46 ", distance from 55 ,82m; segment 17-18-in straight line with azimute 227 ° 38'20 ", distance from 37 ,81m; segment 18-19-in straight line with azimute 228 ° 29' 23", distance from 20 ,64m; segment 19-20? in straight line with azimute 229 ° 43'41 ", distance from 13 ,97m; segment 20-21-in straight line with azimute 231 ° 12' 9", distance from 15 ,29m; segment 21-22-in straight line with azimute 232º30' 39 ", distance from 20 ,62m; segment 22-23-in straight line with azimute 233º20'27 ", distance from 20 ,92m; segment 23-24-in straight line with azimute 234 ° 10' 43", distance from 18 ,88m; segment 24-25-in straight line with azimute 234 ° 7' 58 ", distance from 20 ,27m; segment 25-26? in straight line with azimute 234 ° 32'53 ", distance from 20 ,41m; segment 26-27-in straight line with azimute 236 ° 35' 36", distance from 20 ,04m; segment 27-28-in straight line with azimute 240 ° 0' 49 ", distance from 22 ,13m; segment 28-29-in straight line with azimute 245º20'58 ", distance from 23 ,68m; segment 29-30-in straight line with azimute 251 ° 6' 41", distance from 22 ,82m; segment 30-31-in straight line with azimute 256 ° 37' 40 ", distance from 24 ,69m; segment 31-32? in straight line with azimute 260 ° 58'11 ", distance from 21 ,63m; segment 32-33-in straight line with azimute 262 ° 49' 42", distance from 20 ,74m; segment 33-34-in straight line with azimute 263 ° 36' 6 ", distance from 19 ,62m; segment 34-35-in straight line with azimute 263 ° 24'33 ", distance from 18 ,71m; segment 35-36-in straight line with azimute 260 ° 43' 21", distance from 19 ,80m; segment 36-37-in straight line with azimute 254º59' 56 ", distance from 16 ,52m; segment 37-38? in straight line with azimute 247º20'48 ", distance from 15 ,65m; segment 38-39-in straight line with azimute 241 ° 10' 50", distance from 15 ,83m; segment 39-40-in straight line with azimute 236 ° 50' 42 ", distance from 18 ,16m; segment 40-41-in straight line with azimute 234 ° 42'32 ", distance from 20 ,30m; segment 41-42-in straight line with azimute 234 ° 24' 59", distance from 37 ,16m; segment 42-43? in straight line with azimute234 ° 22'48 ", distance from 30 ,81m; segment 43-44-in straight line with azimute 144º22' 48", distance from 31 ,03m; segment 44-45-in straight line with azimute 207º47' 52 ", distance from 21 ,87m; segment 45-46-in straight line with azimute 184 ° 49'20 ", distance from 10 ,38m; segment 46-47-in straight line with azimute 274 ° 49' 20", distance from 16 ,68m; segment 47-48? in straight line with azimute 184 ° 49'20 ", distance from 12 ,69m; segment 48-49-in straight line with azimute 182 ° 4' 30", distance from 16 ,70m; segment 49-50-in straight line with azimute 175 ° 58' 53 ", distance from 13 ,31m; segment 50-51-in straight line with azimute 167º18'47 ", distance from 11 ,25m; segment 51-52-in straight line with azimute 158 ° 35' 53", distance of 9,36m; segment 52-53-in straight line with azimute 150 ° 45'28 ", distance of 5,57m; segment 53-54-in straight line with azimute 141 ° 48' 15", distance from 12 ,00m; segment 54? 55-in straight line with azimute 130 ° 42'25 ", distance from 12 ,67m; segment 55-56-in straight line with azimute 118 ° 46' 9", distance from 14 ,18m; segment 56-57-in straight line with azimute 109 ° 40' 4 ", distance from 4,43m; segment 57-58-in straight line with azimute 103 ° 48'54 ", distance of 6,31m; segment 58-59-in straight line with azimute 98º30' 37", distance of 6,25m; segment 59-60-in straight line with azimute 92º36'30 ", distance of 7,41m; segment 60-61-in straight line with azimute 86 ° 28' 6", distance of 5,82m; segment 61-62-in straight line with azimute 81 ° 15'1 ", distance of 4,30m; segment 62-63-in straight line with azimute 72 ° 13' 37", distance from 14 ,63m; segment 63-64-in straight line with azimute 59 ° 59' 54 ", distance from 13 ,28m; segment 64-65-in straight line with azimute 49 ° 55'36 ", distance from 14 ,53m; segment 65-66-in straight line with azimute 43 ° 25' 37", distance from 17 ,09m; segment 66-67-in straight line with azimute 41 ° 17' 24 ", distance from 18 ,96m; segment 67-68- in straight line with azimute 41 ° 5'12 ", distance from 60 ,41m; segment 68-69-in straight line with azimute 41 ° 9' 26", distance from 99 ,81m; segment 69-70-in straight line with azimute 41 ° 6' 1 ", distance from 139 ,90m; segment 70-71-in straight line with azimute 42 ° 40'5 ", distance from 21 ,99m; segment 71-72-in straight line with azimute 47 ° 3' 40", distance from 21 ,18m; segment 72-73-in straight line with azimute 54 ° 37' 28 ", distance from 24 ,86m; segment 73-74-in straight line with azimute 64º41'45", distance from 26 ,40m; segment 74-75-in straight line with azimute 75º13'46 ", distance from 23 ,53m; segment 75-76-in straight line with azimute 83 ° 6' 27", distance from 25 ,30m; segment 76-77-in straight line with azimute 88 ° 4' 56 ", distance from 22 ,68m; segment 77-78-in straight line with azimute 89 ° 42'43 ", distance from 59 ,74m; segment 78-79-in straight line with azimute 89 ° 43' 53", distance from 121 ,37m; segment 79-80-in straight line with azimute 89 ° 42' 55 ", distance from 82 ,36m; segment 80-81? in straight line with azimute 89 ° 43'31 ", distance from 78 ,53m; segment 81-01-in straight line with azimute 92 ° 13' 6", distance from 21 ,84m, permaking the area of 151,488.03 m2.

Art. 2º It is the authorised CONCER 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 declaration of public utility does not exonerate the dealership of the prior obtaining of the licensees and the fulfilment of the obligations to the environmental entities and other bodies of the public administration, necessary to the effector of activities referred to in art. 1º.

Art. 4º This Decree shall enter into force on the date of its publication.

Brasilia, January 31, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Paulo Sérgio Oliveira Passos