Perpetual Grant Right of Way - For Upload

DEED OF MUTUAL GRANT OF PERPETUAL RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Mutual Grant of Perpetual Right of Way is made and entered into this
___th day of _____ 2019 by and between:
xxx a non-stock, non-profit organization and existing in accordance with laws of

the Republic of the Philippines, with postal address at xxx by its COO and
Interim CEO, xxx as shown by the Secretary’s Certificate hereto attached as
Annex “A” and hereafter the “First Party”;
and
The xxx, a local government unit, with address at xxx. Duly authorized by the
Sanguniang Panlalawigan as contained in Resolution No. ___ dated ______
attached herin as Annex “B” and here in represented by this instances by the xxx,
xxx, hereafter the “Second Party”.
Witnesseth:
WHEREAS, the FIRST PARTY is registered owner of certain private road lots in
the Provinces of Oriental Mindoro covered by TCT Nos. xxx copies of which is
attached herein as Annex “A”, “A-1”, “A-2” and forming an integral part hereof.
WHEREAS, the SECOND PARTY is owner of xxx, a mass housing project located
in xxx, including all the road lots therein and whose technical descriptions are
attached herein as Annex ‘B”, “B-1”, “B-2” [ ] and forming an integral part hereof.
WHEREAS, the above described road lots of both parties are adjacent,
connecting and contiguous to one another.
WHEREAS, both parties, in order to have access to and from, and in order to be
able to use, enjoy and benefit from their respective properties which have the
roads as access and so as to have an outlet to the nearest road need to pass
through the road lots of the other.
WHEREAS, the First Party has proposed and the Second Party has agreed that a mutual
and perpetual right of way be constituted on each other’s above road lots.
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties
hereto have agreed as follows:
1. The Parties hereby grant and constitute in favour of each other a perpetual,
permanent and mutual right of way on their properties identified below for the
use, benefit and convenience of the other and to provide an access from their
respective properties including those to be acquired in the future. A list of the
road lots belonging to the First Party on which this right-of-way is constituted is
attached as Annex “C”, while the list of road lots belonging to the Second Party on
which this right-of-way is constituted is attached as Annex “D”.
For clarity, a sketch showing the extent of the right-of-way constituted by the
parties on their respective road lots in favour of the other is attached as Annex
“E” and forms an integral part of this Agreement.
2. It is understood that the right of way shall entitle both parties to use the above-
described roads of the other without restriction or condition for the passage of
persons, domestic animals and vehicles without charge or compensation as the
Parties have intended in the Memorandum of Agreement between the First Party
and the Second Party have intended in the Memorandum of Agreement between
the First Party and the Second Party acknowledged before Notary Public Avelino
L. Salcedo as Doc. No. 213, Pag. No. 44, Book No. XVI, Series of 2009 (the
“MOA”) and this Agreement.
3. The Parties agree to expedite the conclusion and execution of the deed of
donation referred to in Paragraph 5 of the MOA. The Second Party commits to
accept the donation by the First Party of its road lots covered by this Agreement,
whether by itself or by the municipalities where road lots are located.
4. The parties herein represent that they have the requisite power, authority and
capacity to enter into this Agreement and to perform their respective obligations
and undertakings according to the terms and conditions thereof.
5. The terms of this Agreement shall be binding upon and shall inure to the benefit
of the parties and their successors in interest, but neither party may assign its
rights and interests, under this Agreement in favour of any third person without
the written consent of the other.
6. This Agreement may be modified or revised by written agreement between the

signatories and parties to this Agreement, citing therein the specific clause to be
revised or modified and the corresponding amendments.
7. This DEED shall immediately take effect upon date of signing hereof. Each of the
parties shall have the right and the other hereby authorize the other to annotate
this agreement on their respective titles.
This Agreement is not intended to amend, modify, supersede or make any less
valid of effective any of the terms and conditions contained in the Memorandum
of Agreement between the First Party and the Second Party mentioned in
Paragraph 2 above, and the respective obligations of the parties therein including
the duties and obligations assumed and confirmed by R-II Builders Inc. therein
shall remain valid, effective and fully enforceable.
IN WITNESS WHEREOF, both the FIRST PARTY & SECOND PARTY have there under
subscribed their names this _____ day of_______ 2019 at ____________
Philippines.
HABITAT FOR HUMANITY XXX

PHILIPPINES, INC.
By: By:
LILI D. FUENTES XXX
COO and Interim CEO xxx
With the Agreement and Confirmation of:
xxx
By:
----------------------
In the Presence of:
____________________
_______________________
ACKNOWLEDGMENT
Republic of the Philippines)

_____________________) S.S
BEFORE ME, a Notary Public in and for the above jurisdiction, personally appeared
Government – Date of Place of

Name Issued ID No. Issuance / Issuance
Expiry
xxx
Xxx
known to me and by me known to be the same person who executed the foregoing
Special Power of attorney and he acknowledged to me that the same is his free and
voluntary act and deed and of the corporation he represents.
IN WITNESS WHEROF, I have hereunto set my hand and affixed my notarial seal this
_______________in _________________.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2019.

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DEED OF MUTUAL GRANT OF PERPETUAL RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

xxx a non-stock, non-profit organization and existing in accordance with laws of

6. This Agreement may be modified or revised by written agreement between the

HABITAT FOR HUMANITY XXX

With the Agreement and Confirmation of:

In the Presence of:

Republic of the Philippines)

Government – Date of Place of

Doc. No. ____;

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