Oakridge/136th-146th - Mcnamara, Richard/Margaret o w e
STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT NO. 1
SS:
COUNTY OF HAMILTON CAUSE NO. 29D01- 0408 -MI -704
CITY OF CARMEL, INDIANA,
Plaintiff,
vs.
RICHARD F. McNAMARA and FILED
MARGARET B. McNAMARA,
individually, and as TRUSTEES OF JAN 7 2005
THE McNAMARA FAMILY a
REVOCABLE TRUST, PEOPLES CLERK OF 7HE�
HAMILTON SUPERIOR COURT
BANK TRUST COMPANY, now
known as FIFTH THIRD BANK,
Defendants.
SETTLEMENT AGREEMENT
This Settlement Agreement "Agreement is made and entered into by and among the
City of Carmel "Plaintiff'), Richard F. McNamara and Margaret B. McNamara, individually,
and as Trustees of The McNamara Family Revocable Trust dated February 28, 1997, and any
amendments thereof "McNamara and Fifth Third Bank, formerly known as Peoples Bank
Trust Company "Fifth Third
The parties agree to the following:
1. Upon execution and delivery by McNamara of deeds and related conveyancing
documents described in Section 3, and execution and delivery by Fifth Third of a partial release
of Fifth Third's mortgages described in Section 2, Plaintiff shall pay McNamara, as the total
amount due McNamara in this matter, the sum of Six Thousand Dollars ($6,000.00) for the
permanent right of way parcel described in paragraph 9 of Plaintiffs Complaint.
2. Partial Release of Mortgage. Fifth Third shall execute and deliver two (2) partial
releases of mortgage in substantially the form attached hereto as Exhibit B.
3. Conveyancing Documents. McNamara shall execute and deliver the conveyancing
documents in the form attached hereto as Exhibit C.
4. Dismissal of Proceedings. Plaintiff and Defendants request that these proceedings be
dismissed with prejudice.
5. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
6 Effective Date. This Settlement Agreement shall become effective following
execution by the parties and approval by the Court.
Plaintiff: City of Carmel Defendants:
By: G`
Richard F. McNamara, individually,
Printed: Ro ert A. Hicks and as Trustee of The McNamara Family
Attorney for Plaintiff Revocable Trust dated February 27, 1997
/mil/ y
Mar aret B. McNamara, individually,
and as Trustee of The McNamara Family
Revocable Trust dated February 27, 1997
Fifth Third Bank
By:
Printed:
Title:
Date: Approved By:
Judge, Hamilton Superior Court 1
2
2. Partial Release of Mortgage. Fifth Third shall execute and deliver two (2) partial
releases of mortgage in substantially the form attached hereto as Exhibit B.
3. Conveyancing Documents. McNamara shall execute and deliver the conveyancing
documents in the form attached hereto as Exhibit C.
4. Dismissal of Proceedings. Plaintiff and Defendants request that these proceedings be
dismissed with prejudice.
5. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
6 Effective Date. This Settlement Agreement shall become effective following
execution by the parties and approval by the Court.::.
Plaintiff: City of Carmel Defendants:
By:
Richard F. McNamara, individually,
Printed: Robert A. Hicks and as Trustee of The McNamara Family
Attorney for Plaintiff Revocable Trust dated February 27, 1997
CO Margaret B. McNamara, individually,
and as Trustee of The McNamara Family
Revocable Trust dated February 27, 1997
F Third Bank
By: Si,L�
.1Q T /'4
Printed: I mo[ I
Title:C�
Date: 1— 6 -d5 Approves
Judge, Hamilton Superior Court 1
2