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Decree Of 31 October 2012

Original Language Title: Decreto de 31 de outubro de 2012

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DECREE OF October 31, 2012

Declared of public utility, for the purposes of misappropriation, in favor of the dealership Autopist Coastline Sul S.A., the real estate it mentions, located in the Municipality of Penha, in the State of Santa Catarina.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, caput, inciso IV, of the Constitution, with a view to the provisions of the art. 3º, art. 5º, caput, points ("h" and "i", and art. 6º of the Decree-Law No. 3,365 of June 21, 1941 on the art. 29, caput, inciso VIII, and art. 31, caput, inciso VI, of Law No. 8,987, of February 13, 1995, and in accordance with that appearing in the ANTT Process No. 50500.032091 /2012-21,

D E C R E T A:

Art. 1º Become declared of public utility, for the purposes of misappropriation, in whole or in part, in favor of the Autopista Coastal Sul S.A., the real estate covered and delimited by the topographical coordinates described below, excluded the goods from public domain, adjacent to the Highway Governor Mário Covas, 101/SC, in the Municipality of Penha, in the State of Santa Catarina, necessary for the execution of the side street implantation works on the stretch between km 108 + 260m and km 109 + 001m, in the Pista North:

I-Area 01, with the following characteristics: it starts if in point 1, georreferenced in the Brazilian Geodetic System, DATUM-SIRGAS 2000, MC-51 °W, coordinated Retangular Plan, UTM System: E= 729,229.959 m and N= 7,030,164.820 m, dividing it with the property of Silvestre José Spengler; hence, it follows, confronting with ownership of Silvestre José Spengler, with the azimuth of 182 ° 02 ' 59 " and the distance from 27.26 m to the point 2 (E=729.228, 984 m and N=7.030.137,576 m); hence, it follows, confronting with property 01, with the azimuth of 246 ° 19 '13 "and the distance from 15.61 m to the point 3 (E=729.214, 690 m and N=7.030.131, 308 m); hence, it follows, confronting with ownership of Silvestre José Spengler, with the azimuth of 197 ° 03' 31" and the distance from 14.30 m up to point 4 (E=729.210, 496 m and N=7.030.117, 640 m); hence, it follows, confronting with ownership of Silvestre José Spengler, with the azimuth of 269 ° 33 ' 42 " and the distance from 10.49 m to the point 5 (E=729.200,009 m and N=7.030.117,559 m); hence, it follows, confronting with property 01, with the azimuth of 220 ° 17 '34 "and the distance from 81.42 m to the point 6 (E=729.147, 353 m and N=7.030.055, 454 m); hence, it follows, confronting with ownership of Silvestre José Spengler, with the azimuth of 189 ° 14' 19" and the distance from 6.84 m up to point 6A (E=729.146, 255 m and N=7.030.048, 701 m); hence, it follows, confronting with area of public utility, with the azimuth of 299 ° 49 ' 34 " and the distance from 13.42 m to point 12 (E=729.134, 616 m and N=7.030.055, 374 m); hence, follows, confronting with the 101/SC, with the azimuth of 42 ° 10 '23 "and the distance from 72.96 m to point 13 (E=729.183, 600 m and N=7.030.109, 446 m); hence, it follows, confronting with the 101/SC, with the azimuth of 41 ° 26' 14" and the distance from 30.00 m to the point 14 (E=729.203, 453 m and N=7.030.131, 936 m); hence, it follows, confronting with the 101/SC, with the azimuth of 38 ° 52 ' 13 " and the distance from 42.24 m to point 1 (E=729.229, 959 m and N=7.030.164, 820 m), beginning of description, closing the perimeter of the polygon above described with the area of 1,323.46 m2; and

II-Area 02, with the following characteristics: it starts if at point 6B, georreferenced in the Brazilian Geodetic System, DATUM-SIRGAS 2000, MC-51 °W, coordinated Rectangular Plan Relative, UTM System: E= 729,144.817 m and N= 7,030,039.858 m, dividing it with property of Davide Bonvechio; hence, it follows, confronting with ownership of Davide Bonvechio, with the azimuth of 189 ° 14 ' 19 " and the distance from 5.75 m to the point 7 (E=729.143, 893 m and N=7.030.034, 181 m); hence, it follows, confronting with ownership of Davide Bonvechio, with the azimuth of 269 ° 20 ' 52 " and the distance from 17.73 m to point 8 (E=729.126, 163 m and N=7.030.033, 979 m); hence, it follows, confronting with ownership of Davide Bonvechio, with the azimut from 226 ° 40 '30 "and the distance from 46.08 m to point 9 (E=729.092, 639 m and N=7.030.002, 361 m); hence, it follows, confronting with property of Davide Bonvechio, with the azimuth of 262 ° 00' 56" and the distance from 10.74 m to the point 10 (E=729.082,005 m and N=7.030.000, 869 m); hence, it follows, confronting with the 101/SC, with the azimuth of 45 ° 01'58 " and the distance from 26.84 m to the point 11 (E=729.100, 997 m and N=7.030.019, 839 m); hence, it follows, confronting with the 101/SC, with the azimuth of 43 ° 24 '48 "and the distance from 35.20 m up to point 11A (E=729.125, 191 m and N=7.030.045, 412 m); hence, it follows, confronting with area of public utility, with the azimuth of 109 ° 43' 45" and the distance from 12.45 m to the point 6C (E=729.136, 909 m and N=7.030.041, 209 m); hence, follows, confronting with area of public utility, with the azimuth of 99 ° 41'46 " and the distance from 8.02 m to the point 6B (E=729.144, 817 m and N=7.030.039, 858 m), beginning of description, closing the polygon perimeter described above with the area of 549.29 m2.

Art. 2º It is the concessionaire Coastal Sul S.A. authorised to promote, with own resources, the disappropriation of the land areas and benfeits of which it treats art. 1º, in the form of the prevailing legislation and regulations.

Single paragraph. The expropriate is allowed to invoke the character of urgency in the process of misappropriation of which it treats the caput, for purposes of immission in the possession, in the terms of the art. 15 of the 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 licensing and fulfilment of the obligations attached to the environmental and other public administration bodies, necessary to the effectivation of the works and activities referred to in art. 1º.

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

Brasilia, October 31, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Paulo Sergio Oliveira Steps