KISAN LU LANDS & DEVELOPMENT, INC.

 

DEED OF RESTRICTIONS

 

 

            The sale of any lots of the real estate subdivision SANTIAGO VILLAS” located at Sitio Ubat, Catalunan Grande, Davao City, Philippines, shall be subject to the following RESTRICTIONS, EASEMENTS, CONDITIONS AND DEFINITIONS which shall be annotated on the corresponding certificate/s of title as property encumbrances, to wit:

 

1. RESTRICTIONS

 

            That the VENDEE shall bind himself to strictly comply with the following essential restrictions and conditions which are enforceable by the VENDOR or its successors and assigns and/or KISAN LU LANDS & DEVELOPMENT, INC. by appropriate action to wit:

 

a.)    ILLEGAL ACTIVITIES

 

The property shall not be used for illegal or immoral activity or any use, which will disturb the peace, serenity or tranquility in the neighborhood, nor shall the lots/units be subdivided to be devoted to any of the foregoing purpose.

 

b.)    RESIDENTIAL USE LIMITATION

 

Lot/s shall be used exclusively for residential purposes.  Lots shall not be used as access or right-of-way to any adjacent land/s outside the subdivision or for any other purpose unless approved by KLLDI.

 

In particular, the VENDEE agrees and binds himself not to maintain or cause to be used within the leased premises, hotels, motels, salons, bars, or any establishment of ill repute.

 

Lots shall not be used to house chapels, churches, places or worship or congregational gatherings, nor shall any structure be built on any lot for such purposes.

 

No residential lot shall be used in pursuit of any commercial purpose, especially a sari-sari store, grocery store, eatery, funeral parlor, hospital, private clinic, plant nursery, school, bar or any business that conjures a negative image for the neighborhood, except at designated commercial areas only and for purposes approved by KLLDI.

 

c.)    MAXIMUM BUILDING HEIGHT AND NUMBER OF FLOODS

 

Any residential house to be constructed on the property must not have more than two (2) levels of storeys to be measured from the sidewalk level fronting the lot.  The topmost part of the building shall not exceed NINE and ONE-HALF (9.5) METERS from the sidewalk level directly fronting the lot.

 

d.)    FENCES

 

Solid masonry for the side and the fences of the property must not exceed TWO (2) METERS from the natural ground level.  Solid masonry for the front of the property must not exceed ONE(1) METER from the natural ground level.  Solid masonry for the front fence must not exceed TWO (2) METERS from the natural ground level.   However, no height restrictions are imposed on walls/fences made of live vegetation.

           

e.)    HOUSE AND BUILDING PLANS APPROVAL

 

All house and building plans and specifications, whether original, revised, amendatory or additional including the corresponding location and landscaping plans, must first be expressly approved in writing by the KISAN LU LANDS & DEVELOPMENT, INC. before construction.

KISAN LU LANDS & DEVELOPMENT, INC.

Deed of Restrictions

 

KLLDI has the right to order stoppage/suspension of construction works, and, if construction has been complete, to order removal of the structures at the expense of the VENDEE should the conditions in the preceding paragraph be violated, without the necessity of court order, and without criminal and/or civil liability whatsoever on the part of KLLDI, its officers and employees.

 

All buildings shall be strong materials and of type of architecture that is in harmony with the surrounding landscape and homes in the vicinity.

 

f.) WELLS

 

No wells may be dug on any lot without prior written approval of KISAN LU LANDS & DEVELOPMENT, INC. and the Government offices and entities concerned.

 

g.) WATER BOOSTER PUMP

 

A booster pump directly connected to the water main is not allowed.  However, a booster pump may be installed to draw from ground storage tank of adequate capacity supplied by natural pressure from the water main; provided however that the installation of said pump must have the prior written approval of KLLDI.

 

h.) SEWAGE DRAINAGE

 

Sewage effluents should be coursed through and by means of existing underground drainage and sewer connections.  Boring through concrete curbs shall not be allowed.  Throwing of any waste in the Open Canal inside the subdivision is not allowed.

 

i.) PERIMETER WALLS

 

VENDEES of border lots shall maintain the solid wall of stone or concrete along the perimeter of the subdivision.  No opening or access shall be allowed through said walls perimeter, nor shall any connection or extension through said walls of the water and other community facilities and utilities be allowed unless duly approved in writing by KLLDI.

 

j.) PARKING

 

No motor vehicle of any kind (3- or 4- wheeler and above) is allowed to use the parks and parkways for parking, except in extreme emergencies such as earthquakes or fires.

 

Six wheelers and other types of commercial truck or buses may park for a maximum period of THREE (3) HOURS only anywhere around the village for purposes of uploading goods for delivery.  Any other purpose shall be subject to the prior written approval of KISAN LU LANDS & DEVELOPMENT, INC. (KLLDI).  It is understood however that under no circumstances may a 6-8 or 8-wheeler or any type of commercial truck be parked overnight around the village roads and parkways.

 

k.) PETS AND ANIMALS

 

No cattle pig, sheep, goat, horse or animals shall be maintained on the lot.  However, keeping of dogs, cats or other pets in non-commercial quantities may be allowed subject to the rules and regulations as the homeowners’ association may adapt.

 

 

 

 

KISAN LU LANDS & DEVELOPMENT, INC.

Deed of Restrictions

 

l.) MACHINERY, APPLIANCES OR STRUCTURES FOR COMMERCIAL BUSINESS

 

No machinery, appliance or structure, the object of which is to carry on or facilitate the operation of commercial business of any kind, form which may cause obnoxious odors, tremors or noises, may be placed, maintained or operated on any lot.

 

m.) TREES

 

No trees planted by KLLDI along the planting strips of the subdivision and in its open areas and perimeter lots may be cut, removed or transplanted without the prior written approval of KLLDI when all streets, lanes and open spaces have been disposed to the homeowners’ association.

 

No part of the property of the subdivision in general shall be used or maintained as dumping ground of rubbish, trash, garbage, or other materials or aggregates.

 

n.) CONCRETE MIXING AND STORAGE OF CONSTRUCTION MATERIALS

 

Concrete mixing shall not be allowed directly on the subdivision’s concrete roads and paved sidewalks.  Likewise, cement or other construction materials shall not be placed on the road to cause obstruction or clogging of the drainage system.

 

o.) TRANSFER OF RIGHTS

 

The VENDEE hereby binds himself not to cede, sell, transfer or in any other manner dispose off his rights and obligation to the said property without written notice to the VENDOR, in cases before full payment of the total purchase price is made, or clearances from the homeowners’ association are appropriately settled before any transfer is effected.

 

p.) GOVERNMENT RULES AND REGULATIONS

 

The VENDEE hereby binds himself to comply with all the laws, ordinances, rules and regulations regarding sanitation, safety, and other measures, which the Department of Health, Fire Department or other branch of government have or will promulgate for public safety.

 

 

 

 

______________________________________, Filipino of legal age, single/married and a resident of Block __________ Lot _________, of SANTIAGO VILLAS, binds himself/herself to have faithfully comply with all the policies & conditions stated in this Deed of Restrictions.

 

 

 

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                   Homeowner