HomeMy WebLinkAboutElsie Moffitt McIlroy200000023358
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 05-15-2000 At tl:17 am.
RELEASE 20.00
RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT (the "Agreement") is entered
into and effective as of the ~,-c~ day of ~_/~ ~ ~ i . ,2000, by and between the Board of
Public Works of the City of Carmel, Indiana, for arid on behalf of the City of Carmel, Indiana, a
polkical subdivision of the State of Indiana ("Carmel") and Elsie Mollitt Mclkoy, a resident of the
City of Carmel, Hamilton County, Indiana ("Mcllroy').
RECITALS
Mclkoy filed a Verified Complaint to Quiet Title in Hamikon County Superior Court No.
1 as Cause Number 29D01-9904-CP-223 on the 22~d day of April, 1999 (the "Complaint"),
naming Carmel as a Defendant, in which Mclkoy claims title to certain real estate located in the
City of Carrnel, Hamilton County, Indiana, described as follows (the "Real Estate"):
Sixteen (16) feet in width by parallel lines lying north of and adjacent to the north
lines of Lot Number (12) in the plat of the JOHN A. PHELPS ADDITION to
Carmel, Indiana, as per plat thereof, recorded on page 107 of Deed Record 50 in
the Office of the Recorder of Hamilton County, Indiana.
Carmel has opposed Mcllroy's contentions contained in the Complaint. Carmel and McIlroy now
desire to enter into this Agreement for the purpose of settling and releasing claims and obligations
between Carmel and McIlroy regarding the Real Estate and referenced in the Complaint and the
resulting legal proceeding (the "Proceeding"), and to confirm their understanding regarding certain
rights and obligations which shall survive execution of this Agreement.
AGREEMENT
1. Mutual Release. Mclkoy, for and on behalf of herself, and her heirs,
administrators, executors, successors and assigns, hereby fully and forever releases and discharges
Carmel fi:om any and all actions, causes of action, claims, costs or demands of whatsoever kind or
nature referenced in the Complaint or raised during the Proceeding. Carmel, and its successors,
assigns and representatives, hereby fully and forever releases and discharges Mclkoy fi:om any
actions, causes of action, claims, costs or demands of whatsoever kind or nature raised by Carmel
during the Proceeding. As part of the foregoing mutual release, Mclkoy hereby agrees to take all
action necessary to dismiss the Complaint, as it relates to Carmel, with prejudice within five (5)
days following execution and delivery of this Agreement.
2. Deliver?' of Quitclaim Deed. In consideration of the foregoing release and
agreement to dismiss the Complaint with prejudice as it relates to Carmel, Carmel shall deliver to
Mcllroy the Qukclaim Deed attached hereto as Exhibit A and incorporated herein by this reference
472341
(the "Quitclaim Deed"), which Quitclaim Deed shall transfer to Mcllroy any and all interest
Carmel may have in and to the Real Estate.
3. Indemnification. Notwithstanding Carmel's delivery of the Quitclaim Deed,
Mci[roy acknowledges that Carmel has alleged an interest in the Real Estate by virtue of the plat of
the John A. Phelps subdivision referenced in the legal description of the Real Estate (the "Plat").
Mcllroy further acknowledges that Carmel contends the Plat shows the Real Estate as an alley
between Lots 11 and 12 in the John A. Phelps Subdivision, and that Carmel has advised McIlroy
that certain third parties (including but not limited to the owner of Lot 11) may claim an interest in
the Real Estate following execution and delivery of this Agreement and the Quitclaim Deed, and
following dismissal of the Complaint as it relates to Carmel. Mci[roy does not adm/t such
allegations and contentions, but has disputed and continues to dispute all such allegations and
contentions. In consideration of Carmel's delivery of the Quitclaim Deed and execution of this
Agreement, Mci[roy hereby agrees to indemnify, defend and hold Carmel safe and harmless from
and against any and all actions, causes of action, claims, demands, costs and expenses (including
reasonable attorneys' fees) arising fi.om or related to the Real Estate or Carmel's delivery of the
Quitclaim Deed, including (without limitation) actions brought by third parties claiming any right,
title or interest in the Real Estate; provided, however, that said indemnification shall not encompass
or include any claim against Carmel relating to or arising in connection with the Indiana Open Door
law (I.C. 5-14-1.5-1, et seq.), or otherwise relating to the procedures employed in Carmel's
execution of the Quitclaim Deed.
4. Litigation; Attorneys' Fees. In the event either party brings an action to enforce or
defend violation of this Agreement, the prevailing party shall be entitled to recover costs and
expenses, including reasonable attorneys' fees, if any, incurred in connection with such action.
5. Applicable Law~ Jurisdiction and Venue. This Agreement shall be governed by
and construed in accordance with the laws oftbe State of Indiana (not including the choice of law
roles thereof), and the parties hereto by execution of this Agreement consent to the exercise of
jurisdiction over any matter arising in connection with this Agreement in a state court located in
Hamilton County, State of Indiana, and waive their rights to challenge such jurisdiction and forum.
6. Severability. In the event that any of the provisions of this Agreement shall be held
to be unenfomeable, such provision shall be enforced to the fullest extent permissible, and the
remainder of this Agreement shall remain in full force and effect.
7. Interpretation. This Agreement may be executed simultaneously in several
counterparts, each of which shall be deemed an original, but all which together shall constitute one
and the same instrument. All headings set forth herein are included for the convenience of reference
only and shall not affect the interpretation hereof, nor shall any weight or value be given to the
relative position of any part or provision hereof in relation to any other provision in determining
such construction.
8. Entire Agreement. This ~ent contains the entire agreement between *.he
parties regarding the subject matter hereof~ and all prior omi or written understand'rags, agreements
or contracts between the parties hereto, whether formal or informal, regarding such matters are
hereby merged into and superseded by this Agreement. This Agreement may not be mended or
otherwise modified except by written agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the effective
date stated above.
McIlroy:
'Elsie Moffitt Iv~rVlroy ' ~
Carmel:
The City of Carmel, Indiana, by its Board
Of Public Works
Printed:
Title:
STATE OF INDIANA )
)SS: ACKNOWLEDGMENT
COUNTY OF HAMILTON )
~/~ ~,,., ..B.~fore me, a Not,~2..~. ~..,,,~ er ary Public m and for smd Co~ty ~d State, per~lly appe~ed ~o~
......... MCqLa~ x, ~ aduk female who ac~owledged execution of the forego~g Drmage
and Underground Utility Easement.
Witness my hand and Notarial Seal this ._ ·
My commission expires: Signature ( (f f~ ~ ~ ~ ('
Resident of ¢i£c c~ i (fr-~,
,2000.
472341
STATE OF INDIANA )
)SS:
COI3NTY OF HAMILTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared
/,. zcspccZ'.':'e!y, of the Board af-P'.:k!:'z ~7o,'vs ,'¢__ *}'~.... "':v..j .... v.c Cm."mel,
~ who acknowledged the execution of the foregoing Quitclaim Deed~
Witness my hand and Notarial Seal this ~ day of /~t~ ,2000.
My commission expires: Signature
~~ Printed ,Z]. a7..~/,i/~~' ,t~/~..~ , Notary Public
Residem o f >'Z~z~_/~M County,
472341
DULY EN fl~l~.t]D FOR TAXATION
S~bL~t to fin~ acceO~e for transfer
VAuditor
200000023357
Fi. led fm~ Recm-d in
HAMILTON COUNTY, [NDIAi'~A
MARY I. {]LARK
On 05-15' ~'.0Cx) At [~17 am~
Q C DEED ~(~,00
· Od~o Settlement Agreement by and between
The City of Carmel, Indiana ("Cannel")
And Elsie Moffitt McIlroy ("McIlroy")
QUITCLAIM DEED
THIS INDENTURE WITNESSETH, That the CITY OF CARMEL, INDIANA ("Grantor")
QUITCLAIMS to ELSIE MO~'~'rrT MCILROY, an adult female ("Grantee"), for the sum of One
Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the following described real estate located in Hamilton County, Indiana (the "Real
Estate"):
Sixteen feet in width by parallel lines lying north of and adjacent to the north line of Lot
Number (12) in the plat of the JOHN A. PHELPS ADDITION to Carmel, Indiana, as per
plat thereof, recorded on page 107 of Deed Record 50 in the Office of the Recorder of
Hamilton County, Indiana.
This Quitclaim Deed is being given in consideration of the following: (a) Grantee's dismissal,
with prejudice, of all claims against Grantor stated in Grantee's Verified Complaint to Quiet Title filed in
the Hamilton County Superior Court No. I as Cause Number 29D01-9904-CP-223; (b) Grantee's release
of all claims against Grantor recited or referred to in any documents filed in connection with Grantee's
Verified Complaint to Quiet Title; and (c) the agreements and covenants contained in a certain Settlement
Agreement entered into between Grantor and Grantee of even date herewith.
This conveyance is subject to any and all easements, agreements, covenants and restrictions of
record, and is further subject to taxes due and payable in May of 2000 and thereafter.
IN WITNESS WItEREOF, Grantor has executed this Quitclaim Deed this~''(~ day of
t ~&~? ~,2000.
GRANTOR:
ATTESt.. . ~
Printed: ~ (~rl~./.,~ ~')~/~O
CITY OF CARMEL, INDIANA
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared
J~l~f~t ~!~tl(~'~i(t ~ct and the '~ }t(~t,].t~ and
., ~, of the Board of Public Works of the City of Car/nd, Indiana, who
acknowledged the execution of the foregoing Quitclaim Deed for and on behalf of said Board and City.
· . X,~A ·
Wttness my hand and Notarial Stol th~s ~ ~ day of / ,( 6 ~ / ~ ,2000.
.... ~ /, ~ ~ - &/ -~, i :
Mycommtss~onexp~res. Signature . (~( t ~. ( /. /~[F(( :~:
~' { ~ ~ ~i Printed (:/~:~,~ ~t. ~-,~,~ ,Nota~Public ~ 9'"
, ,.
Residentof JJo,~,~ (t~< . County, ( //~(~n~'
AFTER RECORDING
RETURN DEED AND SEND TAX BILLS TO:
Elsie Moffitt Mcllroy
c/o Ross D. Moffitt
9631 Cedar Cove Lane
Indianapolis, Indiana 46250
This instrument prepared by D. Bryan Weese, Attorney at Law, BINGHAM SUMMERS WEI~SH &
SPILMAN, 2700 Market Tower, 10 West Market Street, Indianapolis, Indiana 46204-2982.
472341
September 6, 2000
Elsie Moffitt Mcllroy
c/o Ross D. Moffitt
9631 Cedar Cove Lane
Indianapolis, Indiana 46250
RE:
Release and Settlement Agreement
Quitclaim Deed
Dear Ms. Mcllroy:
Enclosed please find a copy of the recorded Release and Settlement Agreement as well as
a certified copy of the recorded Quitclaim Deed recently received from the Hamilton
County Recorder's Office.
The City of Carmel Clerk-Treasurer's Office will maintain the original documents in our
office. If you have any questions or concerns, please do not hesitate to contact me at
317.571.2413.
Sincerely,
COPY
Carrie A. Groce
Deputy Clerk-Treasurer
Enclosure
CC~
D. Bryan Weese
BINGHAM SUMMERS WELSH & SPILMAN
10 West Market Street
Indianapolis, IN 46204-2982
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