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CONTRACT OF PERPETUAL RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

This Contract made and executed by and between:

HOME INVEST REALTY VENTURES, INC., a private corporation organized


and existing under and by virtue of the laws of the Republic of the Philippines, with
principal office at Unit 7, CSY Building, Burgos St., Villamonte, Bacolod City, herein
represented by its President VLADIMIR S. GONZALEZ, of legal age, Filipino, married
and a resident of Bacolod City, Philippines, hereinafter referred to as the FIRST
PARTY;

And

IMELDA MARAVILLA GARCIA, Filipino, of legal age, married, and a


resident of Davao City, Philippines, hereinafter referred to as the SECOND PARTY;

WITNESSETH:

WHEREAS, the FIRST PARTY is the developer-owner of a subdivision,


located at Brgy. Estefania, Bacolod City, most particularly known as the COUNTRY
HOMES SUBDIVISION comprised of Lot No. 2-A, portion of Lot 2 covered by TCT
No. T-268378, Lot No. 3-A, portion of Lot 3 covered by TCT No. T-268379, and Lot
No. 4-A portion of Lot 4 covered by TCT No. T-268380 and Lot No. 5-A, portion of
Lot 5 covered by TCT No. T-268381;

WHEREAS, the SECOND PARTY is the registered owner of two parcels of


land most particularly described as Lot 9-B-5-B, Psd-06-064465, being a portion of
Lot 9-B-5 (LRC) Psd-295569, covered by TCT No T-301464, containing an area of
FIFTY THOUSAND (50,000) SQUARE METERS, more or less AND Lot 9-B-5-A, Psd-
06-064465, being a portion of Lot 9-B-5 (LRC) Psd-295569, covered by TCT No. T-
301463 containing an area of THIRTEEN THOUSAND SIX HUNDRED SEVENTY SIX
(13,676) SQUARE METERS, more or less;

WHEREAS, the aforementioned properties of the SECOND PARTY are


situated at the southeast side of the property of the FIRST PARTY and is enclosed
by several adjacent properties. Attached in this instrument is the vicinity map of
the aforesaid properties;

WHEREAS, the nearest and only access to the highway (circumferential


road) of the properties owned by the SECOND PARTY is to pass through the
Country Homes Subdivision roadway;

NOW THEREFORE, for and in consideration of the above-stated premises,


the herein parties mutually agreed to the following terms and conditions:

1. The FIRST PARTY hereby GRANTS the SECOND PARTY, her agents, heirs,
assigns, and future property buyers/developers of her (second party)
aforesaid properties, perpetual “Right of Way” and enjoyment of the road

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constructed within the Country Homes Subdivision towards the
circumferential road;

2. The right granted to the SECOND PARTY shall be limited only to ingress
to, passage within, and egress from the property of the SECOND PARTY.
Use of the roadway other than the mentioned purposes shall be subject to
the consent of the FIRST PARTY;

3. The FIRST PARTY binds himself, his agents, successors and assigns, not
to impede, prevent, or obstruct in any way the roadway as covered by
this agreement as long as it is used by the SECOND PARTY for the
purposes mentioned otherwise, the FIRST PARTY may exercise his rights
to the contrary within the lawful means and purposes with notification in
writing to the SECOND PARTY, her agents, successors, assigns and future
lot buyers/developers in not less than five (5) days prior to the exercise of
said rights;

4. The parties have agreed to execute whatever supplemental papers to


cover the matters not included herein but are indispensably needed to
accomplish the purpose of this agreement;

IN WITNESS WHEREOF, the parties have hereunto set their hands this
__________________ at the City of Bacolod, Philippines.

VLADIMIR GONZALEZ IMELDA MARAVILLA GARCIA


FIRST PARTY SECOND PARTY

SIGNED IN THE PRESENCE OF:

_______________________ _________________________

ACKNOWLEDGEMENT:

REPUBLIC OF THE PHILIPPINES )


CITY OF BACOLOD )SS.
x----------------------------------x

BEFORE ME, this ___________________, in the City of Bacolod, Philippines,


personally appeared the following persons with their respective valid government
issued proofs of identities:

VLADIMIR GONZALEZ TIN No. 151-589-597


IMELDA MARAVILLA GARCIA _____________________

Both known to me and to me known to be the same persons who executed the
foregoing instrument and they acknowledged that the same is their own free and
voluntary act and deed, and this instrument consists of only three (3) pages

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including this page where the acknowledgment is written, signed by the parties and
their instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL on the date and place first above-written.

Doc. No. _____


Page No. _____
Book No. _____
Series of 2011

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