RIGHT OF WAY GRANT IN FAVOR OF

________________ __________________

KNOW ALL MEN BY THESE PRESENTS:

I/We, _______________, of legal age, Filipino/s, married to _____________

and a resident/s of the Municipality of _______________, Province of
____________, by these presents, do hereby declare and state that:

1. I/We is/are currently the sole registered owner (hereafter referred to as the
“GRANTOR”) of a parcel of land situated in _______________, Municipality of
_______________, Province ___________, covered by Transfer Certificate
of Title (TCT )No. _________ issued by the Office of the Registry of Deeds for
the Province of ________________ and declared for taxation purposes under
Tax Declaration No. __________________, issued by the Municipal
Assessor of _____________, copies of which are hereto respectively attached as
Annexes “A” and “B,” respectively;

2. On [date], we received a letter request from [grantee] dated

___________________ requesting for the grant of a perpetual easement on a
portion of the Property, approximately___________________, which will be
used by ______________________ for its [purpose] (the “Project”), a copy
of which is attached hereto as Annex “C;”

3. For and in consideration of the sum of [amount in words], Philippine currency,

the receipt and sufficiency of which are hereby acknowledged by the GRANTOR as
the full and final payment for the perpetual easement, the GRANTOR hereby
grants/confers unto the [grantee] his assigns, usufructuary, lessees, heirs and
successors-in-interest, a continuous and perpetual easement of right-of-way with an
area of [area]square meters over the aforementioned Property (the “Easement
and ROW Grant”) as indicated in the Sketch Plan, Narrative Technical Description
and Computation attached hereto as Annexes “D,” “E” and “F,” respectively, and
made integral parts hereof, for purposes of [project] traversing a portion of the
above-mentioned Property. It is understood, however, that the easement
compensation shall only be paid by [grantee] to the GRANTOR after the
registration/annotation of this Easement and ROW Grant on Transfer Certificate
of Title (TCT) No. [number] and/or tax declaration of the subject Property;

4. The GRANTOR acknowledges and agrees that the general course of the [project],
including the metes and bounds as described and specified in the Sketch Plan and
Narrative Technical Description, is based merely on preliminary studies and surveys,
and the GRANTOR hereby acknowledges and agrees that the easement and its
general dimensions, in accordance with the specifications, be granted and conveyed
hereunder shall apply to the actual location of the [project] when constructed and
erected;
5. The GRANTOR hereby grants and confirms that [grantee], its employees,
authorized representatives, his assigns, usufructuary, lessees, heirs and successors-
in-interest are entitled to do the following to the said Property: 1) free and
continuous access to the property and adjoining properties for the purpose of: i)
[main purpose]; ii) the removal of future and/or new improvements, structures,
houses, crops, plants, trees and vegetation of more than three (3) meters in height
and/or any obstructions that are not allowed under the provisions of the Philippine
Electrical Code which will interfere or cause danger to life and/or property,
inefficiency, inconvenience or hamper the operation [project], without additional
expense to [grantee]; and iii) all other acts necessary for public safety and
preservation of the transmission line; (4) [insert other conditions of the grant]

6. The GRANTOR will not make any changes in the grade, elevation or contours of the
area covered by the Easement without the prior written consent of [grantee] or do
any acts which would infringe or interfere with the exercise of any of the rights of
[grantee];

7. The GRANTOR undertakes to refrain from introducing, within the said Easement
and ROW Grant, any improvement or structure, as well as any plant, tree or any
vegetation with a potential growth height of more than three (3) meters, or
obstructions that are not allowed under the provisions of the Philippine Electrical
Code that will cause danger to life and/or property and hamper the operation of the
[project]. Further, the GRANTOR undertakes to do all other acts and things
necessary to public safety and for the preservation of the said [project];

8. The GRANTOR further undertakes to maintain the peaceful operation of activities

of [grantee] in the vicinity of the property. As such, the GRANTOR: i) shall not
allow the intrusion or trespass of any unlawful entity or person within the property
with respect to the grant nor will the GRANTOR allow residence of persons who are
not privy to this ROW grant without the permission of [grantee] or its authorized
representatives; and ii) shall not impair the use of the easement, cause damage or
prejudice the interest of [grantee] in any manner.

9. The GRANTOR confirms that the payment of the easement compensation under
paragraph no. 3, which is equivalent to the market value of the Property covered Commented [ca1]: AAA: Is this a one-time payment?
under this Easement and ROW Grant, is considered as the full and final payment
for the perpetual easement on the Property and hereby renounces and waives any
and all similar claims for just compensation or any form of monetary relief with
regards to the subject Property, including all the improvements, facilities and/or
crops on the Property at the time of the signing hereof, relative to this Easement and
Right-of-Way Grant and holds [grantee] free and absolved against future claims
from third parties, if any, and shall hold itself not liable for any such claim;

10. The [grantee] shall only be liable for expenses in relation to the ROW grant, upkeep
of its operations with regards to its business and proper maintenance of the
easement in accordance with the normal conditions and shall not be liable for any
 other expense which does not involve exclusive company business. Should the
GRANTOR use the easement in his favor in any other manner, he shall be liable for
contributions for expenses as well.

11. The capital gains tax/creditable withholding tax, documentary stamp tax, estate tax,
and unpaid real property tax, if any, relative to this Easement and ROW Grant shall Commented [ca2]: AAA: Is this with reference to unpaid
RPT up to the date of the agreement? What about the RPT
be for the account of the GRANTOR. However, [grantee], upon written request going forward, who is responsible for this?
(duly-subscribed before a Notary Public) of the GRANTOR may directly pay the
said taxes subject to the condition that the amount paid shall be deducted by
[grantee] from the amount due to the GRANTOR;

12. This Easement and Right of Way Grant shall be binding upon the successors-in-
interest and assigns of the GRANTOR and [grantee]. The GRANTOR undertakes
to voluntarily submit all the documents necessary for the registration of this
Easement and ROW Grant with the Office of the Registry of Deeds for __________
Province and/or the Office of the Municipal Assessor of ___________________.
It is understood that the consideration for this Easement and ROW Grant, if any,
shall only be paid by [grantee] to the Grantor after registration of this Easement
and ROW Grant with the Registry of Deeds of ____________ Province and/or
Office of the Municipal Assessor of ____________. Any and all expenses to be
incurred in connection with the registration of this instrument with the Register of
Deeds of ___________ Province and the annotation on the TCT of the Property
shall be for the account of [grantee];

13. This Easement and ROW Grant will not involve any transfer of ownership of the
above-mentioned Property and the GRANTOR remains the owner thereof,
bounded, however, to the terms of this perpetual easement of right of way;

14. The GRANTOR hereby authorizes the grantee to lease or sublease the property for
such period of time allowed under the law and the GRANTOR, his assigns,
usufructuary, lessees, heirs and successors-in-interest shall conform to this
agreement;
Commented [ca3]: AAA: Does this authorize the Grantor to
lease the land covered by the ROW to third parties in his own
name? This does not seem consistent with clause 14 which
expressly reserves to the Grantor the ownership of the land
itself.

15. The GRANTOR hereby (a) consents to the transfer, lease, assignment,
encumbrance or other disposition by [grantee] of its rights, title, interests, rights,
benefits and remedies to and under this Agreement and the Easement and ROW
Grant on the Property in favor of banks, financial institutions and other lenders
(collectively, the “Lenders”) that will provide financing (or refinancing) for the
[project] and other related or ancillary activities and other improvements to be built,
constructed or installed on the Property, and (b) consents to the annotation by
[grantee] or any of its duly-authorized representatives, his assigns, usufructuary,
lessees, heirs and successors-in-interest, agents and contractors, of the Easement
and ROW Grant on the Property and/or any mortgage, assignments, conveyances,
encumbrances, or security interests granted by [grantee] to the Lenders;
16. The GRANTOR shall indemnify [grantee] in the event of fraud, damage to any of
the grantee’s property, injury to any of its authorized persons or its representatives,
or negligence of the GRANTOR for the duration of this grant;

17. Any invalidity of any stipulation on this agreement on account of change of law or
being contrary to law and the like shall entitle the parties to a rescission;

18. In the event that any stipulations herein are declared void by law, the provisions
which are not affected shall continue to have force and effect and shall be binding to
the parties.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

_____________, 2019 at _____________.

(Intentionally left blank)

 __________________
( )
Landowner/Grantor

SIGNED IN THE PRESENCE OF:

_______________________ _______________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

________________________ ) S.S.

BEFORE ME, a Notary Public for and in the ____________, this ____ day of
__________, 2019, personally appeared __________________ who presented to
me, as competent evidence of his identity, his Tax Identification Number of
____________ issued on _____________ by the Bureau of Internal Revenue,
known to me and to me known to be the same person who executed the foregoing
instrument and he acknowledged to me that the same is his free act and voluntary deed.

This instrument, consisting of _______ (__) pages, including this page whereon the
acknowledgment clause is written, signed on each and every page hereof by the above-
mentioned GRANTOR and its instrumental witnesses and sealed with my notarial seal,
pertains to a Perpetual Easement and Right-of-Way Grant in favor of [grantee].

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

NOTARY PUBLIC

Doc. No. _______;

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