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THIS DEED made and dated this 30th day of December, 2003, by and between DORIS
F. CASEY, party of the first part, hereinafter called the Grantor: and STEVE A. DuBRUELER,
RAY N. D JBR? E .FR and MADELINE F. DtBRUELER, his wife, parties of the second part,
hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantors do hereby grant and convey, with general warranty of title, in fee
simple absolute, a one half /z) undivided interest to Steve A. DuBrueler, and a one -half (1/2)
undivided interest to Ray N. DuBrueler and Madeline F. DuBrueler, with common law right of
survivorship as to all Grantees, all of her right, title and interest in and to the following property:
All of that certain lot or parcel of land, containing 26.8733 acres, situate in
Shawnee Magisterial District, Frederick County, Virginia, as shown on the
Final Plat for Minor Rural Subdivision of the Land Standing in the Name of
Doris F. Casey, as shown on the plat and survey of Mark D. Smith, L.S.,
dated July 24,2003, attached to the Deed of Gift dated December 30, 2003,
from Doris F. Casey to Robin Casey Wilisch, recorded simultaneously
herewith and by this reference made a part hereof; AND BEING a portion
of the land conveyed to Robert E. Casey by Deed dated November 4, 1969,
of record in the Office of the Clerk of the circuit Court of Frederick County,
Virginia, in Deed Book 35 at Page 330, and the same land devised to Doris
F. Casey by Will of Robert E. Casey, deceased, probated in the aforesaid
Clerk's Office in Will Book 91 at Page 596.
Reference is made to the aforesaid instruments for a more particular description of the
property herein conveyed.
This conveyance is made subject to all easements, rights of way and restrictions of record
affecting the subject property.
Further, this conveyance is made subject to that certain Addendum Agreement dated
December 30, 2003, recorded simultaneously herewith.
The Grantor does hereby covenant that she has the right to convey to the Grantees; that
the Grantees shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and she will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal:
DORIS F. CASEY
COMMONWEALTH OF VIRGINIA, AT- LARGE:
CITY OF WINCHESTER, to-wit
I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that Doris F. Casey, whose name is signed to the foregoing Deed dated the 30th
day of December, 2003, has personally appeared before me and acknowledged the same in my
State and Jurisdiction aforesaid.
GIVEN under my hand this day of December, 2003.
Notary Public
My Commission Expires: 83
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This document prepared by:
Stephen G. Butler, Esquire
KUYKENDALL, JOHNSTON, MrKRE BUTLER, P.L.C.
112 South Cameron Street
P. O. Drawer 2097
Winchester, VA 22604 VIRGINIA: FREDERICK COUNTY, SCT.
(540) 662-3486 This instrument of writing awn prodtmod to me on
3—O3 at aidatat
and with certificate of acknowledgement theret •annexcd
was admitted to record. T imposed by Sec 58.1 802 of
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and 58.1-801 have been paid, if assessable
Clerk
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(SEAL)
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030029415
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THIS ADDENDUM AGREEMENT made and dated this 30th day of December, 2003,
by and between DORIS F. CASEY, Seller, party of the first part, hereafter called Seller,- STEVE
A. DUBRUELER, RAY N. DUBRUELER, and MADELINE kDUBRUELER, parties of
the second part, hereinafter called Purchaser (whether one or more), and ROBIN CASEY
WILISCH, a/k/a Robin Casey, party of the third party.
WHEREAS, the Seller and Purchaser executed a contract for purchase of unimproved
property dated February 14, 2003; and
WHEREAS, said contract contains provisions regarding Purchaser's right of first refusal,
financing and easements regarding the 3.4367 -acre tract which is to be retained by Seller and
subsequently conveyed to Robin Casey- Wilisch; and
WHEREAS, all the parties desire to clarify their obligations under said contract.
NOW THEREFORE, parties do agree as follows:
1. The property shall be subdivided and platted as per the survey by Mark D.
Smith attached hereto and made a part hereof.
2. All parties hereto agree to be bound by all provisions of this Addendum
and the original Contract of the parties.
3. The 3. 4367 -acre tract is restricted with utility and storm water management
easements. An access easement and sign easement option is available to the Purchaser for a
three -year period commencing at the signing of this Agreement. The access easement is to be
used as permanent VDOTright -of -way street). The above described easements and right -of -way
are for the benefit of the 26.8733 -acre tract which all parties acknowledge is to subdivided in the
future at Purchaser's sole discretion, These provisions are covenants real and running with the
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land and shall be set forth in the deed from Seller to Robin Casey Wilisch of the 3.4367 -acre
tract. As to the access easement, it shall be constructed no more than fifty feet (50) wide,
crossing Robin Casey Wilisch's property in an east -west direction, and will be granted to the
Purchaser as is detailed on surveyed plat attached to this Agreement at tithe of signing. It shall
be constructed to Virginia Department of Transportation specifications and requirements, and is
to be as similar as possible to the delineated surveyed plat. Should Purchaser be required by
governmental restraints (VDOT, Frederick County) to use access easement option within three
(3) years of signing of contract, a fee of $3,000.00 will be paid by Purchaser to Robin Casey
Wilisch within five (5) business days of site plan approval by Frederick County. Robin Casey
Wilisch agrees to place no structures or improvements in the path of said access easement for the
term of three (3) years to commence at the signing of this Agreement. Purchaser grants Robin
Casey Wilisch the right to have access to said easement right of way for ingress and egress to her
3.4367 -tract of land should a fifty-foot (50') wide street be constructed for Purchaser's
subdivision use.
4. Purchaser agrees that as to any right -of -way for access to the 26.8733 -acre
tract and any water and sewer lines installed by Purchaser to service the 26.8733 -acre tract, Robin
Casey Wilisch shall be allowed access to the same for use for her 3.4367 -acre tract subject to all
governmental regulations and subject to all costs of hook -up or availability fees charged by any
governmental authority. Parties agree to consult with each other at the time of installation of such
services and access/ingress easement to effectuate this provision. Specifically as to the water and
sewer lines to be installed, Purchaser shall provide a 11/2 stub for water and a 4" stub for sewer
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for Robin Casey- Wilisch's use. The right of way for these lines shall be negotiated and
determined prior to their installation, and it shall not disturb any structures or improvements
existing as of the date of this Agreement. Should water and sewer lines necessitate removal of
any new structures or improvements on Robin Casey Wilisch's land, Purchaser agrees to pay a
fair agreed -upon price to Robin Casey- Wilisch. In the event the parties cannot agree as to such
value of said improvements, each party shall select a licensed appraiser to determine the value
of said improvements, and the average of the two appraisals shall be the value of such
improvements and binding upon both parties.
5. Purchaser shall have the right to erect and maintain a sign for the
subdivision upon the 3.4367 -acre tract, subject to the approval of Robin Casey- Wilisch. In the
event the parties cannot agree as to said sign, the parties agree to select a local architect to
determine the size, location and type of sign based on the criteria of other subdivision signs in
Frederick County which are tasteful and unobtrusive and such architect's decision shall be
binding on the parties. In determining this Purchaser shall have an architectural entrance way on
each side of the access road to be installed. Said entrance way shall be no more than 3' long, 4'
high, and 16' wide. The signage for Purchaser's development shall be incorporated in said
entrance way. The design shall be submitted to Robin Casey-Wilisch before construction begins..
6. In the event that any one of the above stated easements are not required by
Purchaser to develop its subdivision, based on Purchaser's reasonable discretion, it shall cause
a release of such easement to be made to Robin Casey- Wilisch.
7. Purchaser shall have a right of first refusal as to the 3.4367 -acre tract or
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any portion thereof, which is not transferable or assignable to any party other than Purchaser, nor
shall the access easement be transferable or assignable to any party other than Purchaser, said
access easement being described in Paragraph 3 herein.
8. Seller reserves the right to assign the Contract to an exchange intermediary,
to effect a like -kind exchange of the Property in accordance with Section 1031 of the Internal
Revenue Code of 1986, as amended, and the regulations thereunder. Purchaser consents to such
assignment and agrees to sign a Notice of Assignment prior to Closing confirming that Purchaser
has received the Notice of Assignment and consented to the assignment. Provided, however,
Purchaser shall not be required to incur any additional cost, expense or additional liability as a
result of the above.
9. The financing by Seller for Purchaser shall consist of a Second Deed of
Trust and Promissory Note in the sum of $270,000.00 without interest thereon until its date of
final payment which shall be March 15, 2004. In the event said Note is not paid by such date, it
shall accrue interest thereafter (after March 15, 2004) at the rate of S% per annum. The Deed of
Trust and Note shall be in standard form of those customarily used in the industry.
10. Parties shall execute all documents necessary to effect the provisions of
this Agreement.
11. This Agreement shall be binding upon and inure to the benefit of all parties
hereto, their successors -in- interest and assigns, except as stated herein in Paragraph 7.
12. All provisions of this Agreement and the original Contract of Sale not
modified herein shall continue in full force and effect, shall not merge with but survive
settlement.
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13. This Agreement shall be governed by and construed according to the law
of the State of Virginia.
14. In the event of a breach of this Agreement, the party substantially
prevailing in any litigation arising therefrom shall be entitled to costs and reasonable attorney's
fees incurred thereby.
(SEAL)
DORIS
Id
DORIS F. CASEY, SEER
S E:C a (SEAL)
STEVE A. DUBRUELER, PURCHASER
as (SEAL)
RAY DUBRUELER, PURCHASER
Maw. J. F. 4,41 4 41 flw (SEAL)
MADELINE DUBRUELER, PURCHASER
ROBIN CASEY f CH, a/k/a Robin Casey,
PARTY OF THE THIRD PART
COMMONWEALTH OF VIRGINIA
CITY /E6tJNTY OF /ubxrA a, to -wit:
GIVEN under my hand this day of
My commission expires: 2 /3/1 07046
COMMONWEALTH OF VIRGINIA
CITY/GO OF'-f4 to -wit:
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GIVEN under my hand this' a It day of g rr 20034
Notary Public
My commission expires: $N,2006
Notary Public
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I, the undersigned, a Notary Public in and for the Commonwealth and
City /County aforesaid, do hereby certify that this day personally appeared before me in my said
City/County, Doris F. Casey, whose name is signed to the foregoing and hereunto Addendum
Agreement, and acknowledged the same. a
GIVEN under my hand this tt day of 2003.
Notary Public .x i! .1' Q i
My commission expires: Crs311aoob
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COMMONWEALTH OF VIRGINIA
CITY/GeeffrY OF `f,( to-wit:
I, the undersigned, a Notary Public in and for the Commonwealth and
City/County aforesaid, do hereby certify that this day personally appeared before me in my said
City/County, Steve A. DuBrueler, whose name is signed to the foregoing and hereunto
Addendum Agreement, and acknowledged the same.
I, the undersigned, a Notary Public in and for the Commonwealth and
City/County aforesaid, do hereby certify that this day personally appeared before me in my said
City/County, Ray N. DuBrueler, whose name is signed to the foregoin3 and hereunto
Addendum Agreement, and acknowledged the same.
(SEAL)
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COMMONWEALTH Ok VIRGINIA
CITY /GA T3f-OF YAkx.cittair to -wit:
I, the undersigned, a Notary Public in and for the Commonwealth and
City/County aforesaid, do hereby certify that this day personally appeared before me in my said
City/County, Madeline DuBrueler, whose name is signed to the foreseeing and hereunto
Addendum Agreement, and acknowledged the same. de 044 I el
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GIVEN under my hand this day of,
`il�7 tiftdu 4.
Notary Public
My commission expires: 4alf abo6
COMMONWEALTH OF VIRGINIA
CITY OFD -1(jog u..50. to -wit:
GIVEN under my hand this 3) 4 day of
My commission expires: 1s/J 006
.�v ui— };`ia
Notary Public
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I, the undersigned, a Notary Public in and for the Comm wealth and
City/County aforesaid, do hereby certify that this day personally appeared bef a me in my said
City/County, Robin Casey Wilisch, whose name is signed to the fore and hereunto
Addendum Agreement, and acknowledged the same.
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