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Decree Of 09 December 2004

Original Language Title: Decreto de 09 de dezembro de 2004

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DECREE OF December 9, 2004

Declared of public utility, for purposes of dismispropriation, total or partial, or institution of pass servitude, in favor of Brazilian Petroleum S/A-PETROBRAS, real estate constituted of land and benfeits, of particular property, necessary for the construction of the variant of the Guamaré-Cape Gaspipeline (variant of the Nordare), and gives other providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 8º, inciso VIII, of Law No. 9,478 of August 6, 1997, in the Decree-Law No. 3,365 of June 21, 1941 and in the Decree-Law No. 1,075 of January 22, 1970 and what is stated in the ANP Process No. 48610.006546 /2004-54,

DECRETA:

Art. 1º Ficam declared of public utility, for purposes of dispropriation, total or partial, or of institution of administrative or public servitude of passage, in favor of Brazilian Petroleum S.A. -PETROBRAS, or of company by it controlled directly or indirectly, which comes to be in charge of the construction, installation and operation of the pipeline and the transportation of natural gas, oil and too much fuels, as well as that it comes to be in charge of the maintenance, repair and surveillance of the ducts, communication cables and other necessary for the proper operation of the pipeline, the real estate constituted of land and benfews, of particular property, excluded the public domain goods, understood in the areas and lanes of land located in the State of Pernambuco, in the excerpts between the Cities of Paulista-PE and Recife-PE, Camaragibe-PE, Paudalho-PE, St. Lawrence of the Mati-PE, and Jaboatão dos Guararapes-PE, necessary for the construction of the variant of the Guamaré-Cabo (Variant of the Nordestion) pipeline.

§ 1º The strip of land referred to in this description, with approximately one million, five hundred and nineties and eight thousand seven hundred and seventy square metres, concerning the stretch between Paulista-PE and Jaboatão dos Guararapes-PE of the implantation of the Variant of the Nordare, situated in the State of Pernambuco, in the Municipalities of Paulista, Recife, Camaragibe, Paudalho, St. Lawrence of the Mata and Jaboatão dos Guararapes, so it describes itself and characterises: the strip of land starts at 50 metres wide, the axis of which has started in the range of the Guamaré-Cape (Nordare) pipeline, close to km 382 + 500, with coordinates N=9.120.729 and E=284.156; of this point, with south-west course and approximate distance of 1,237m, accompanying the Municipal Road Mumbeca with an average remoteness of 90 metres, crossing this same road and crossing the divisa between the Municipalities of Paulista-PE and Recife / PE, reaches the point N=9.120.609 and E=282.942; of this point, with north-west direction and approximate distance of 854m, reaches the point N=9.121.009 and E=282.207; of this point, with southwest course and approximate distance of 1,852m, crossing twice the Municipal Road Mumbeca and crossing the divisa among the Municipalities of Paulista-PE and Recife-PE for two times, reaches point N=9.120.998 and E=280.393; of this point, with north-west direction and approximate distance of 1,763m, crossing the divisa between the Municipalities of Recife-PE and Camaragibe -PE, reaches point N=9.121.629 and E=278.758; of this point, with north-west direction and approximate distance of 1,623m, crossing two municipal roads, reaches point N=9.121.861 and E=277.198; of this point, with southwest direction and approximate distance of 762m, crossing with State Highway PE-027, arrive at point N=9.121.624 and E=276.490; of this point, with south-west course and approximate distance of 879m, passing off the lotement of Village and crossing the divisa between the Municipalities of Camaragibe- PE and Paudalho-PE, arrive at point N=9.121.867 and E=275.653; of this point, with south-west course and approximate distance of 374m, arrive at point N=9.121.672 and E=275.355; of this point, with southwest course, by approximate distance of 591m, arrives at the point N=9.121.246 and E=274.946; of this point, with south-east and approximate distance of 1,392m, traversing the Besouro River and crossing the divisa between the Municipalities of Paudalho-PE and St. Lawrence of the Mata-PE, comes to point N=9.119.915 and E=275.027; of this point, with south-west course and approximate distance of 986m, reaches point N=9.119.237 and E=274.361; of this point, with south-east and approximate distance of 874m, reaches point N=9.118.422 and E=274.420; of this point, with southwest bearing and approximate distance of 1,196m, arrives at point N=9.117.681 and E=273.520; of this point, with south-west course, by approximate distance of 167m, reaches the point N=9.117.574 and E=273.391; of this point, with southwest direction and approximate distance of 4,754m, traversing watercourse, crossing with Férrea Line, crossing with the State Highway PE-05, passing west of the PERNORTH S / A plant, crossing the Capibaribe River, crossing the Federal Highway BR-408 and arriving at the N=9.113.361 and E=271.752, heading southwest and with approximate distance of 41m, reaches point N=9.113.321 and E=271.741; of this point, with south-west course and approximate distance of 2,532m, passing east of the Butude Queira Deus, reaches the point N=9.111.338 and E=270.407; of this point, with south-east and approximate distance of 3,122m, crossing two watercourses, comes to point N=9.108.368 and E=270.908; of this point, with south-east and approximate distance of 2,770m, crossing five watercourses, arrives at the point N=9.106.718 and E=272.928; of this point, with north-east and approximate distance of 1,557m, crossing watercourse, crossing the divisa between the Municipalities of St. Lawrence of the Mati-PE and Jaboatão dos Guararapes-PE and traversing Reprey Two Unas, reaches point N=9.107.039 and E=274.375; of this point, with south-east and approximate distance of 2,674m, crossing watercourse, comes to point N=9.105.243 and E=276.121, in the valve 9 of the Guamaré-Cape (Nordare) pipeline, ending so the present description, according to the DE-4450.20-6521-940-PEN-001 plant. The coordinate System cited in the description is the Universal Transverse of Mercator-UTM, with the constants of the coordinates: 10,000 km N and 500 km E, Origin of the coordinates: Ecuador and Meridiano 33rd WGr, Datum: SAD 69, IBGE Reference Vértices VT-SC-25-V-79 (N=9.115.017,534 and E=282.925, 613) and SC-25-7075-01 (N=9.105.210, 916 and E=277.971, 282).

§ 2º The areas of land referred to in the caput of this article, located in the State of Pernambuco, in the Municipalities of Paulista, Camaragibe and St. Lawrence of the Mata, intended for installation of valves, whose system of coordinates used in the description is the Universal Transverse of Mercator-UTM, with the constants of the coordinates: 10,000 km N and 500 km E, Origin of the coordinates: Ecuador and Meridiano 33º WGr, Datum: SAD 69, IBGE Reference Vértices VT-SC-25-V-79 (N=9.115.017,534 and E=282.925, 613) and VT-SC-25-7075-01 (N=9.105.210, 916 and E=277.971, 282), thus describe and characterize:

Valve Area-AREA 1 / VB-01

I-land area of fifteen thousand, one hundred and eighty and nine square meters, situated in the Municipality of Paulista-PE, located at the beginning of the guideline of the variant implantation strip of the Guamaré-Cabo (Nordare) pipeline, with the following description: it starts at the point of coordinates N=9.120.789 and E=284.195 and follows with south-west course with a approximate distance of 182m up to the point N=9.120.637 and E=284.095; of this point, with northwest bearing and approximate distance of 45m reaches the point N=9.120.648 and E=284.050; of this point, maintaining the same course and with approximate distance of 38m, reaches the point N=9.120.654 and E=284.013; of this point, with northeast heading and approximate distance of 117m, comes to point N=9.120.767 and E=284.044; of this point, with north-east direction and approximate distance of 151m, comes to the initial point of this description, of coordinates N=9.120.789 and E=284.195, thus closing the polygon that describes this area of land, as per DE-4450.20.6521-940-PEN-001;

Area of Valves-AREA 2 / VB-02

II-land area of ten thousand, two hundred and twenty-nine square meters, situated in the Municipality of Camaragib-PE, of exclusive use of PETROBRAS, located close to the KM 6 + 500 of the guideline of the range of deployment of the variant of the Guamaré-Cabo (Nordare) Gasket, with the following description: it starts at the point of coordinates N=9.121.764 and E=278.017, and follows with north-west direction by approximate distance of 102m, reaching point N=9.121.778 and E=277.915; of this point, with north-east and approximate distance of 103m, reaches point N=9.121.879 and E=277.932; of this point, with southeast course and distance approximate 100m, reaches point N=9.121.863 and E=278.030; of this point, with southwest course and approximate distance of 100m, reaches the starting point of this description, of coordinates N=9.121.764 and E=278.017, thus closing the polygon that describes this area of land, as per the DE-4450.20-6521-940-PEN-001 design; and

Area of Valves-AREA 3 / VB-03

III-area of lands of ten thousand square meters, situated in the Municipality of São Lourenço da Mata-PE, of exclusive use of PETROBRAS, located close to the KM 17 of the guideline of the range of the variant of the Guamaré-Cabo (Nordare) Gasket and at approximately 105m of the BR-408, with 100m extension by 100m wide, with the following description: starts at the coordinate point N=9.115.502 and E=272.507 and follows with southwest course up to the point of coordinates N=9.115.413 and E=272.463; of this point, with northwesterly course, reaches point N=9.115.457 and E=272.373; of this point, with bearing northeast, reaches point N=9.115.547 and E=272.417; of this point, with southeast course, comes to the initial point of this description, of coordinates E=272.507 and N=9.115.502, thus closing the polygon that describes this area of land, as per the drawing DE-4450.20.6521-940-PEN-001.

Art. 2º Brazilian Oil S.A. -PETROBRAS, or the company by it controlled directly or indirectly, which comes to be in charge of the construction, installation and operation of the pipelines and the transportation of natural gas, oil and too much fuels, as well as that it comes to be in charge of the maintenance, repair and surveillance of the ducts, communication cables and other necessary for the proper operation of the pipeline, is allowed to promote, with own resources, friendly or judicially, the dispropriation or institution of servitude of passage of that treats art. 1º, as well as invoking the character of urgency, for purposes of provisional immission in the possession of the goods, pursuant to art. 15 of the Decree-Law No. 3,365 of June 21, 1941 and of the Decree-Law No. 1,075 of January 22, 1970.

Art. 3º This Decree comes into force on the date of its publication.

Brasilia, 9 of December 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Dilma Vana Rousseff