The document is a deed of perpetual easement between NPC Irisville Homeowners Association (the Grantor) and Stay Construction (the Grantee). It grants Stay Construction a non-exclusive right of way over certain road lots owned by NPC Irisville for ingress and egress, as well as installation of utilities, to access landlocked properties owned by Stay Construction. It specifies the parties will share costs of taxes, maintenance and repair of the road lots. The easement runs with the land and binds all current and future owners.
The document is a deed of perpetual easement between NPC Irisville Homeowners Association (the Grantor) and Stay Construction (the Grantee). It grants Stay Construction a non-exclusive right of way over certain road lots owned by NPC Irisville for ingress and egress, as well as installation of utilities, to access landlocked properties owned by Stay Construction. It specifies the parties will share costs of taxes, maintenance and repair of the road lots. The easement runs with the land and binds all current and future owners.
Original Description:
Sample Deed of Perpetual Easement under Philippine laws
The document is a deed of perpetual easement between NPC Irisville Homeowners Association (the Grantor) and Stay Construction (the Grantee). It grants Stay Construction a non-exclusive right of way over certain road lots owned by NPC Irisville for ingress and egress, as well as installation of utilities, to access landlocked properties owned by Stay Construction. It specifies the parties will share costs of taxes, maintenance and repair of the road lots. The easement runs with the land and binds all current and future owners.
The document is a deed of perpetual easement between NPC Irisville Homeowners Association (the Grantor) and Stay Construction (the Grantee). It grants Stay Construction a non-exclusive right of way over certain road lots owned by NPC Irisville for ingress and egress, as well as installation of utilities, to access landlocked properties owned by Stay Construction. It specifies the parties will share costs of taxes, maintenance and repair of the road lots. The easement runs with the land and binds all current and future owners.
The document grants a perpetual easement of right of way to the grantee over road lots owned by the grantor.
The document grants the grantee a perpetual easement of right of way over road lots owned by the grantor to access landlocked properties owned by the grantee.
The grantee receives the right to use the road lots for ingress and egress and to install utilities to serve its properties. It also receives the right to construct improvements within the road lots that would benefit it.
1
DEED OF PERPETUAL EASEMENT
KNOW ALL MEN BY THESE PRESENTS
This DEED OF PERPETUAL EASEMENT entered into by and between
NPC IRISVILLE HOMEOWNERS ASSOCIATION, INC. [NIHAI], the registered association of residents of NPC Irisville Subdivision, Irisan, Baguio City, Philippines, represented herein by its President, ENGR. JAIME ABAD, of legal age, married, Filipino, and with address at Jade Street, NPC Irisville Subdivision, Philippines, hereinafter called the GRANTOR; and,
STAY CONSTRUCTION, a sole proprietorship business enterprise represented by its owner, TERIO A. YUBOS, of legal age, Filipino, and with address at MB032 Puguis, La Trinidad, Benguet, Philippines, hereinafter referred to as the GRANTEE.
WITNESSETH
WHEREAS, the GRANTOR is the owner of road lots located at NPC Irisville Subdivision, Irisan, Baguio City, Philippines, covered by Transfer Certificates of Title Numbers ______________, ___________, __________, and which are more particularly described as follows
[Insert complete Technical Descriptions of the Road Lots]
WHEREAS, the GRANTEE is the owner and developer of parcels of landlocked lands covered by Transfer Certificate/s of Title Number/s ________________________, and which are presently being developed to form a full-fledged subdivision;
WHEREAS, the GRANTEE has expressed its desires to utilize the above described road lots of the GRANTOR as an easement of right of way to and from the GRANTEEs landlocked properties;
WHEREAS, the GRANTOR has manifested its willingness to enter into an easement agreement for the use of its said properties as such, subject to the terms and conditions set forth herein.
NOW THEREFORE, in view of the foregoing premises, the GRANTOR and the GRANTEE agree as follows
1. The GRANTOR hereby grants and conveys, unto the GRANTEE, its heirs, assigns, and successors-in-interest, a non-exclusive perpetual easement of right of way to utilize the above-described road lots covered by Transfer Certificates of Title Numbers ______________, ___________, __________ for purpose of ingress and egress for vehicular and pedestrian traffic over, through and across the road lots and the sidewalks, paths, lanes and walks, thereof, if there are any, as well as for the installation and maintenance of utilities as may be required to adequately serve the needs of the GRANTEE its heirs, assigns, and successors-in-interest.
2. The GRANTEE may, upon not less than three [3] months prior notice to, and arrangements with the GRANTOR, construct, operate and maintain within the above-described road lots, certain improvements that would inure to its benefit, such as, but not limited to, electricity and telecommunications cables, pipelines, and other means of access to utility services.
3. The GRANTEE agrees to assume the sole responsibility for the construction, operation and maintenance of said improvements within the road lots. It agrees to answer for any and all damages that the GRANTOR, its members, officers, employees, heirs, assigns, and 2 successors-in-interest, may sustain as a result of the construction, operation, maintenance, or presence of said improvements.
4. The GRANTEE agrees to defend, indemnify and hold harmless Grantor, its officers, agents employees, from and against all claims, demands, judgments, costs and expenses [including reasonable attorneys fees] which may arise by reason of injury to any person or damage to any property attributable to the negligence of the GRANTEE, its officers, agents, employees, heirs, assigns, and successors-in-interest in connection with GRANTEEs construction, operation, use, and maintenance of said improvements.
5. The GRANTEE shall allow the GRANTOR, its members, heirs, assigns, successors- in-interest, guests and invitees, to have fair and reasonable vehicular and pedestrian access over, through and across, the GRANTEEs own roadways situated within the limits of the GRANTEEs aforestated properties covered by Transfer Certificate/s of Title Number/s ________________________.
6. Annual government taxes over the above-described road lots subject of the perpetual easement shall be shared equally by the GRANTOR and the GRANTEE. Such taxes shall be paid not later than the first month of every year.
7. The GRANTOR and the GRANTEE hereby agree to share equally in the cost of maintaining and repairing the above described road lots subject of the perpetual easement so as to keep them in good and safe condition. In the event that the GRANTEE or the GRANTOR or their respective officers, agents, employees, heirs, assigns, and successors-in-interest, guest, or invitee solely causes damage to the road lots or any part thereof, other than by ordinary wear and tear, the GRANTEE or the GRANTOR, as the case may be, shall be required to repair such damage and bear the cost thereof exclusively. The terms maintenance and repair shall include, but not be limited to, repairing the road surface, adding stone, clearing obstructions, grading or scraping the road as necessary, cleaning or recutting ditches as necessary, trimming brush along the roadside, unplugging or opening culverts or drainpipes, and performing any and all other necessary work required to maintain the road in a condition that will allow for reasonable and safe access for standard passenger vehicles.
8. In the event that the GRANTEE fails to contribute its share in the annual government taxes or in the other costs and expenses required to be paid under this agreement, the GRANTOR may, but shall not be obligated to, pay all of such taxes, costs and expenses and recover from the GRANTEE its share thereon, together with interest at the highest rate allowed by law. The GRANTOR shall also have the right to proceed in law or in equity, including the right to specific performance, to enforce its rights under this deed.
9. The GRANTOR shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the GRANTEE. Similarly, the GRANTEE shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the GRANTOR. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the GRANTOR or GRANTEE may have for damages or otherwise. The various rights and remedies of the GRANTOR and the GRANTEE under this agreement or otherwise shall be construed to be cumulative, and no one of the them shall be exclusive of any other or of any right or remedy allowed by law.
10. The GRANTEE shall be responsible for, and it does hereby agree to indemnify the GRANTOR against, any and all losses, damages, and expenses [including attorneys' fees] which the GRANTOR may sustain or incur resulting from any act or failure to act [whether negligent, dishonest, or otherwise] by the GRANTEE or by any of the GRANTEE's employees or other representatives [whether or not acting within the scope of employment] relating to this Agreement.
3 11. This deed shall not be terminated by the merger or consolidation of either the GRANTOR or GRANTEE into or with any other entity. All of the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. Waiver by one party hereto of breach of any provision of this deed by the other shall not operate or be construed as a continuing waiver.
12. Philippine laws shall govern the validity of this deed, the construction of its terms and the interpretation of the rights and duties of the parties hereto. Any controversies arising out of the terms of this deed or its interpretation shall be settled in the courts or mediation centers located in Baguio City, Philippines, and the judgment upon award may be entered in any court having jurisdiction thereof.
13. The GRANTEE shall not assign any of its rights under this agreement, or delegate the performance of any of its duties hereunder, without the prior written consent of the GRANTOR.
14. No amendment, change or modification of this deed shall be valid unless in writing signed by the parties hereto. This deed and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. If any provision of this deed, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this agreement shall nevertheless remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ____ day of October 2011, at Baguio City, Philippines.
NPC IRISVILLE HOMEOWNERS STAY CONSTRUCTION ASSOCIATION, INC. [NIHAI] Grantee Grantor
Represented by Represented by
ENGR. JAIME ABAD TERIO A. YUBOS President Owner ID __________________ ID __________________
REPUBLIC OF THE PHILIPPINES | S. S. DONE: IN THE CITY OF BAGUIO |
BEFORE ME this ____ day of ___________________ 2011, in the City of Baguio, Philippines, personally appeared the above-named persons along with their respective identification documents, representing themselves to me to be the same persons who executed the foregoing instrument referring to a Deed of Perpetual Easement consisting of ____ pages and they acknowledged to me that the same is their own free act and deed.