Form No. 32. Easement of Right of Way

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Form No. 32. EASEMENT OF RIGHT OF WAY

KNOW ALL MEN BY THESE PRESENTS:

That this AGREEMENT made and executed by and between _________________, of


legal age, single/married to ____________, Filipino with residence and post-office address at
_______________ hereinafter known as the PARTY OF THE FIRST PART, and ______________,
also of legal age, single/married to ___________________, Filipino and a resident of
_________________, hereinafter known as the PARTY OF THE SECOND PART, witnesseth;

That WHEREAS, the PARTY OF THE FIRST PART is the owner in fee simple of a parcel of
land located at ________________ and more particularly described as follows:

(Description)

That WHEREAS, the PARTY OF THE SECOND PART is the holder of a timber license No.
___________________ for the cutting and hauling of timber, over Lot No.
___________________ situated at the northern portion of the above described real property;

That WHEREAS, there is no means nor path, private or public, to gain entry or egress out
of the concession areas of the PARTY OF THE SECOND PART except by passing through the
property of the PARTY OF THE FIRST PART;

NOW, THEREFORE, in view of the above premises and FOR AND IN CONSIDERATION of
the amount of _____________ (P___________), Philippine Currency, receipt of which is hereby
acknowledged, the PARTY OF THE FIRST PART hereby grants unto the PARTY OF THE SECOND
PART, his employees, representatives and assigns a right of way over the property above
described, and for this purpose, to open a private road, not exceeding ___________ meters in
width to serve as path of entry and egress in going to and from the concession area of the
PARTY OF THE SECOND PART, but subject to the following conditions:

1. That for every coconut tree felled or damaged by reason of, or on the occasion of the
construction of the private road, the PARTY OF THE SECOND PART shall pay the additional
amount of ________________ (P_______) to the PARTY OF THE FIRST PART;

2. That the PARTY OF THE SECOND PART shall choose the shortest possible route in
constructing the private road as much as possible along the path marked by red dotted lines as
shown in the plan hereto attached as Annex “A”, and shall exert efforts at minimizing and
preventing any undue damage to the property of the PARTY OF THE FIRST PART and the
improvements thereon;

3. That this right of way shall last for _____________ years from this date after which
period, full right of use and ownership over the private road shall revert to the PARTY OF THE
FIRST PART;
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4. That within this period, of _________ (___) years the PARTY OF THE SECOND PART or
his representatives, assigns and employees shall have the full right of way at all times, of the
private road thus opened together with the necessary workers, trucks, and equipment needed
in the logging business of the PARTY OF THE SECOND PART.

IN WITNESS WHEREOF, the parties hereto have set their hands this ___________ day of
_________________, 20__ at ________________.

__________________________ __________________________
Party of the First Part Party of the Second Part

SIGNED IN THE PRESENCE OF:

__________________________ ___________________________

(ACKNOWLEDGMENT, Form No. 1)

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