ANNEX “A”
DEED OF RESTRICTIONS
I.THE SANS SOUCI ESTATES HOMEOWNERS ASSOCIATION
1.) The PURCHASER of this lot or his/her
successor-in-interest is required to be and is automatically a member of the
Homeowners Association (hereinafter called as the ASSOCIATION) and must
abide by the rules and regulations laid down by the DEVELOPER/LAND OWNER
and/or the ASSOCIATION in the interest of sanitation, security,
aesthetic, and the general welfare of
the community. It is an integral part of the development scheme of the DEVELOPER/LAND
OWNER to initiate the formation of the ASSOCIATION. The DEVELOPER/LAND
OWNER intends to assign to the said ASSOCIATION some of its rights
under this Deed, like those pertaining to building restrictions, for a more
uniform and efficient enforcement thereof. The ASSOCIATION is authorized, to make assessments to meet
its expenses which will constitute as a lien on the property junior only to
liens of the government for taxes and voluntary mortgages for sufficient
consideration into in good faith.
2.) While absolute ownership of the facilities and
utilization for water supply, street lighting, maintenance of the roads and
drainage and such other facilities that may be put for the promotion of the
general welfare, health, safety, and morals of the members of the ASSOCIATION
shall continue to remain in the name of the DEVELOPER/LAND OWNER, the ASSOCIATION
shall conduct the affairs and activities related with the proper operation,
maintenance, regulation and enforcement of the ASSOCIATION’s rules and
regulations as well as these restrictions and shall manage and maintain the
facilities mentioned earlier subject, however, to the control and supervision
of the DEVELOPER/LAND OWNER, it being expressly stipulated that the
imposition and adjustment of fees, charges, dues, and assessments for water and
temporary electrical facilities shall exclusively belong to the DEVELOPER/LAND
OWNER, and it being clearly understood that the DEVELOPER/LAND OWNER
may, in due time, transfer after proper arrangements, ownership of such
facilities to the ASSOCIATION which shall be bond to accept the same.
II.USE AND OCCUPANCY OF LOTS
1.) Individual lots shall not be subdivided. However,
two (2) lots may be consolidated into one. Three (3) or more lots may be
consolidated and subdivided into a fewer number of lots, provided that none of
the resulting lots shall be smaller in area than the smallest lot before
consolidation. In all cases, the consolidation of the subdivision plans shall
be duly approved by the proper government office or agency and duly registered
in the proper office of the Register of Deeds. Adjoining lots that have been
acquired by the same PURCHASER and not registered as a consolidated lot
shall still be considered as a single lot as long as the PURCHASERS
maintains these lots as one compound.
2.) All lots shall be used exclusively for
residential purposes except for lots designated as commercial.
3.) Only one (1) single family house shall be
constructed on a single lot except for lots which have been designated for
condominium development.
4.) Commercial or advertising signs shall not be
placed, constructed, or erected on residential lots. Name plates and
professional signs of occupants therein are permitted so long as they do not
exceed 30x60 centimeters in size.
5.) No animals shall be maintained on the lots,
except that domestic pets may be kept subject to regulations and control of the
ASSOCIATION. All PURCHASERS are required to ensure proper waste
disposal of all pet litter.
6.) Every lot PURCHASER must provide, in
his/her lot, an open space for purposes of landscaping and easement for
drainage, sewage, water, and other public utilities as may be necessary and
desirable. Such open space shall consist of five (5) meters wide on the side/s
fronting a street, and two (2) meters wide along the sides and rear portion of
the lot not fronting a street. The PURCHASER, his/her lessee, or his/her
representative, shall allow the authorized representative/s of the DEVELOPER/LAND
OWNER or its corporate successors, the ASSOCIATION, and the
public utility entities concerned access thereto for the purposes for which the
easement is created.
7.) The lots shall not be used for any immoral or
illegal trade or activity.
8.) No part of the property shall be used or
maintained as dumping for rubbish, garbage, and other materials or aggregates.
9.) The PURCHASER and/or lessee shall at all
times keep the grass cut and trimmed. The DEVELOPER/LAND OWNER and/or
the ASSOCIATION may have the grass cut and trimmed at any time the grass
grows beyond twelve (12) inches from the soil and may keep the lot clean at the
expense of the PURCHASER/lessee. For this purpose, the ASSOCIATION,
the DEVELOPER/LAND OWNER, or their authorized representatives shall have
authority to enter into the lot. For maintenance of vacant lots, the PURCHASER
shall pay a monthly maintenance fee of two pesos ( 2.00) per square meter per
year which shall be incorporated into the PURCHASER’s monthly account.
10.) No existing tree, whether found within or
outside the lot, shall be cut, moved, or damaged, nor shall it be relocated or
transferred without the written approval of the DEVELOPER/LAND OWNER
or its corporate successors. When all the residential lots in the subdivision
shall have been sold, and all the streets, lanes, and open spaces shall have
been disposed of to the ASSOCIATION or to the proper government entity
concerned, such approval shall be secured from the ASSOCIATION of the
entire subdivision.
11.) No clothing, laundry or wash shall be aired on
any portion of the residential property in an area exposed to view from the
roads.
12.) No barbecue pits or any permanent structure
shall be allowed to abut the fence or on the boundary within the development.
13.) Any type of motorized vehicles like cars and
motorcycles are not allowed within the subdivision. To preserve the character
of the subdivision as a vacation destination the PURCHASER is advised to
limit any other type of noise pollution to a minimum.
14.) The DEVELOPER/LAND OWNER covenants to
keep the resort area in front of the subdivision open to the PURCHASER
for access and passage to the beach area. In addition the DEVELOPER/LAND
OWNER will make available discounts for usage of resort amenities and
Restaurant/Bar.
III.BUILDINGS AND ARCHITECTURE
1.) All buildings must be of strong materials and of a
type of architecture that is in harmony with the surrounding landscape and
homes in the vicinity as intended by the DEVELOPER/LAND OWNER.
2.) Uphill Lots. Buildings shall be not
higher than twelve (12) meters measured vertically from the highest projection
of the building proper to the highest original ground level of the lot.
3.) Downhill Lots. Buildings be not higher than twelve (12) meters
measured vertically from the crown of the road fronting the lot.
4.) For all buildings constructed to a height of
twelve (12) meters or three (3) levels above the ground, a four (4) meter
setback must be provided on the third level or six (6) meters above the ground.
This four (4) meter setback shall be measured beginning from the building of
the ground floor footprint, in addition to the easements mentioned under
Section II, Paragraph 6 above. The covered area of the third level should not
exceed fifty (50) percent of the building
footprint of the ground floor area.
5.) Filling of the lot is allowed provided the
filling does not exceed two (2) meters above the original ground level within
the two (2) meter setback on the sides and rear of the lot as provided under
Section II, Paragraph 6 above, and two (2) meters above the original ground
level of the five (5) meters setback in front of the lot adjoining a street.
Drainage and other facilities are to be
installed by the PURCHASER to prevent the water from flowing or
seeping into the adjacent lots. Likewise, structurally designed retaining walls
are to be constructed by the PURCHASER. All forms of filling are subject
to prior approval by the DEVELOPER/LAND OWNER or its corporate
successors or assigns.
6.) The plans and specifications of the building and
any other structure, including the swimming pool, antenna tower, water tank,
three-chamber septic tank, pergola or trellis, or any subsequent additions
thereto, constructed within the property, shall comply with all existing laws,
ordinances, and/or regulations governing the establishment of residence and
must be subject to the approval by the DEVELOPER/LAND OWNER and
the ASSOCIATION thirty (30) days prior to the start of construction. Any
construction commenced without the approval of the plans thereof by the DEVELOPER/LAND
OWNER and the ASSOCIATION shall constitute a violation of this
Deed and all the materials for use in the construction thereof may be refused
entry in the subdivision.
7.) No house plan shall be approved unless the PURCHASER
shall have paid a construction deposit to the DEVELOPER/LAND OWNER
in the sum of Thirty Thousand Pesos (30,000.00). The said deposit shall be
refunded to the PURCHASER after completion minus whatever damage the PURCHASER
may have caused to any of the subdivision facilities and after the DEVELOPER/LAND
OWNER shall have been satisfied that all restrictions embodied therein
shall have been complied with the PURCHASER. In case of violation
hereof, the construction deposit shall be forfeited without prejudice to such
other legal action the DEVELOPER/LAND OWNER or the ASSOCIATION
may pursue.
8.) Minimum cost of the residential house for each
lot shall be Three Hundred Thousand Pesos (300,000.00) and the house shall have
a minimum floor area of Fifty (50) square meters. The amount and area may be
adjusted from time to time by the DEVELOPER/LAND OWNER or its corporate
successors. Houses built before any such adjustment shall however not be
required to extend and adjust to any such new provisions.
9.) All buildings, including garage, servant’s quarters,
and/or parts thereof, except as hereinafter provided must be constructed at a
distance of not less than five (5) meters from the lot boundary fronting a
street, and two (2) meters from the other boundaries not fronting a street. The
setback shall be measured from the property line to the nearest finished wall
or column or any projection from the said wall or column. Outside edges of
roof, and/or eaves, including porte-cochere or canopy of the building must be
at least two (2) meters from the property line fronting a street and one (1)
meter from the property line not fronting a street.
10.) In the event the PURCHASER construct
his/her house on a wrong lot, the PURCHASER shall immediately remove the
said construction at his/her expense, otherwise the DEVELOPER/LAND OWNER
shall immediately remove the same at the PURCHASER’s expense without the
necessity of a court order and without incurring any criminal and/or civil
liability whatsoever on the part of the corporation or its officers and
employees.
11.) No temporary building, shack, barn, or other
structures shall be erected. Adjacent lots may be used for dumping of materials
and stockpile for construction provided that the said lots are immediately
cleaned after construction of the PURCHASER’s house. In case of failure
of the PURCHASER to do so, the DEVELOPER/LAND OWNER shall do the
same, but the cost thereof shall be deducted from the PURCHASER’s
construction deposit.
12.) The PURCHASER shall not be allowed to mix
concrete directly on the subdivision’s roads or sidewalks.
13.) No soil, stones, gravel shall be taken from any
lot belonging to the DEVELOPER/LAND OWNER.
IV.WALL/FENCE
Wall or fences on the perimeter of the lots shall be
subject to the approval of the DEVELOPER/LAND OWNER or its
corporate successors prior to construction and shall be constructed in harmony
with the surrounding landscape using natural materials and/or live vegetation.
The PURCHASERS whose lots are along the perimeter of the subdivision are
not allowed to make any opening in the perimeter as an egress to or ingress
from the other side of the subdivision. The foregoing restrictions,
requirements, and conditions are required to be observed by the PURCHASER,
his/her assigns, or successor-in-interest.
V.UTILITIES/FACILITIES
1.) The PURCHASER should first verify the actual
location of underground utilities prior to planning, and should secure all the
necessary permits before tapping any utility line.
Booster pump/s directly connected to the water main
is not allowed. However, booster pump/s may be installed to draw water from a
ground storage tank of adequate capacity supplied by natural resource pressure
from the water main.
Sewage disposal must be connected only to the
3-chamber septic tank which the PURCHASER will build. The plans of this septic
tank will be subject to the approval of the DEVELOPER/LAND OWNER.
The septic tank may be constructed within the open space required for the lot,
but must not extend to within one (1) meter from the boundary of the lot. All
drainage lines shall be connected to the subdivision drainage system. No
installation of any drainage line shall be allowed outside the property without
the written approval of the DEVELOPER/LAND OWNER or its corporate
successors.
Boring or cutting through the concrete curb and
gutter is not allowed.
Since the DEVELOPER/LAND OWNER shall
be providing services in the subdivision like security and maintenance, the
PURCHASER agrees to pay a maintenance fee of Three Hundred Pesos (300.00) per
month to cover the cost thereof. Aforesaid fees shall be mandatory.
VI.VEHICULAR/PEDESTRIAN ENTRANCE
No vehicular entrance or exit shall be allowed along
the curves at street intersections. No vehicular or pedestrian entrance or exit
shall be allowed on lot boundaries adjoining the subdivision perimeter.
VII.USE OF STREETS
Employees, guest, patients, students, teachers, and
members, as the case may be, of duly authorized hospital or medical clinics and
educational, charitable, religious, civic or government institutions, if any,
within the subdivision shall be allowed to use the streets in the subdivision,
leading to and from their respective destinations mentioned earlier.
The institutions enumerated above may be assessed by
the ASSOCIATION for the maintenance of the streets and other services provided
by the ASSOCIATION, and such assessment may be increased, provided that the
increase shall in no case exceed the proportion of the increase in the
assessment on regular members of the ASSOCIATION during the same period.
In case of disagreements, the question shall be
submitted to arbitration by three (3) disinterested real estate brokers or
Realtors, one (1) to be chosen by each party and the third to be chosen by the
two (2) arbitrators. The fees and
expenses of arbitration shall be divided equally between the two parties.
VIII.PERIOD OF RESTRICTIONS
All the restrictions, easements, reservations and
conditions enumerated herein shall be valid and binding and shall run for a
period of twenty five (25) years from and after March 1, 1998. Such restrictions may be added to but not
diminished, amended or changed by the ASSOCIATION or by any governing
body of the village, provided that the use
and occupancy of the lot for residential purposes by a single family
only shall not be changed except for areas designated by the DEVELOPER /LAND
OWNER as multifamily development. In addition the permission to keep
domestic pets shall never be diminished by the ASSOCIATION or by any
governing body of the village.
IX.ENFORCEMENT OF RESTRICTION
1.) The DEVELOPER/LAND OWNER or its corporate
successors or the ASSOCIATION and their duly authorized representatives
shall have the right, during reasonable hours of the day and upon due notice,
to enter and inspect any building constructed on the lot to ascertain
compliance with all the restrictions herein. Compliance with the said
restrictions, reservations, easements, and conditions may be enjoined and/or
enforced by court action by the DEVELOPER/LAND OWNER and/or the ASSOCIATION,
their respective successors and assigns, or by any member in good standing of
the ASSOCIATION.
2.) Any inaction, silence, delay or tolerance of any
of the said parties in respect to violations of any of the covenants,
conditions, and restrictions hereof committed by the PURCHASER of this
lot or by any lot owners in the said vicinity thereof shall not bar or stop any
of the said parties from instituting an action to enforce the same, provided
that the outcome of the said action shall not affect the one who is not made a
party to the suit.
3.) The PURCHASER hereby declares that he/she
has investigated the property subject matter of this Deed and that he/she has
found no squatters or adverse occupants whatsoever thereon and is fully
satisfied with the area, terrain, and contour of the lot, and the actual
condition of the lot and of the area in general.
4.) The PURCHASER agrees not to sell, cede,
transfer, encumber or in any manner do any act which will violate this Deed
without the prior written approval of the DEVELOPER/LAND OWNER
and until all stipulations of this deed shall have been fulfilled. The
PURCHASER binds himself not to alter, remove, displace, or in any way interfere
with any monument or other evidence of boundary upon the said premises; not to
cut , destroy or in any manner cause any waste or damage to/or upon the said
premises; and not to allow others to commit any of the other aforesaid acts,
without previous written approval from the DEVELOPER/LAND OWNER.
X.INTERPRETATION OF RESTRICTIONS
Where there appears to be a conflict in the
interpretation of these restrictions, the most stringent interpretation shall
be adopted.
XI.VALIDITY OF THE COVENANTS
In the event of invalidation of any one of the above
covenant or any part thereof by written directive of the DEVELOPER/LAND
OWNER, or by court or judgment, the other provisions or portions shall not
be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the
parties hereunto set their hands this .....day of
.............................. 20.......
in ..................................
Sans Souci Beach Resort and Estates
(as
Developer and as representative of Landowner)
By:
MATTHIAS
HANIKA ………………………………….. President PURCHASER
ELIZABETH
HANIKA
SIGNED IN THE PRESENCE OF:
...................................................... ...................................................
ACKNOWLEDGMENT
REPUBLIC
OF THE PHILIPPINES )
)S.S.
BEFORE ME, a Notary Public for and
in .............................. this ...... day of
.......................................
personally appeared the following persons, with their Community Tax
Certificates, to wit:
Name CTC
No. Date/
Place Issued
Known to me and to me known to be
the same persons who executed the foregoing instrument and they acknowledged to
me that the same is their free and voluntary act and deed.
This instrument consisting of ..............
(.......) pages including this page whereon the acknowledgment clause is
written and signed by the parties and their instrumental witnesses on each and
every page hereof, sealed with my notarial seal, pertains to a Deed of
Restrictions of a parcel of land in ................................... .
WITNESS MY HAND AND SEAL on the
date, year, and place first above written.
NOTARY
PUBLIC
Until
December 31, 20.......
P.T.R.No...........................
Issued
on ..........................
Doc.
No......... Issued
at ..........................
Page
No.........
Book
No........
Series
of 20....