HomeMy WebLinkAboutCCSA AGREEMENT 2014 RECEIVED 8/1/16 � F
AGREEMENT
THIS AGREEMENT, made this it day of dUhQ__-_20l3, byand
between the City of Jeffersonville.Parks Authority, hereinafter referred to as the "Parks
Authority", and the Clark County Soccer Association,hereinafter referred to as the
"CCSA".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned:
1. That this agreement involves the PARKS AUTHORITY in redeveloping the
sports complex known as the John Woehrle Soccer Complex located at 4300 Charlestown
Pike, Jeffersonville, Indiana, as defined and detailed by the surveys,plats and drawings
-made by Kovert Hawkins.
2. That in. consideration of the PARKS AUTHORITY in redeveloping
the sports complex, the CCSA, the current owner of the real estate, will deed via a
warranty deed the front portion of the complex to the PARKS AUTHORITY (as more
particularly described in the attached Exhibit A, and whose appraised value is
This real estate will compose the new parking lot, Premium field,
and the area for the new multi=purpose indoor complex.
3. That if the PARKS AUTII:ORITY fails to redevelop the area as detailed by
the Kovert Hawkins Plan (see attached Exhibit B) by December 31, 2015, then the
ownership of the said real estate land shall revert back to CCSA.
4. That CCSA will retain ownership of the remainder of the real estate at the
Sports complex.
1.
S. That the PARKS .AUTHORITY shall provide easement access to the rear
portion of the complex (more particularly described in the attached Exhibit C) and shall
provide CCSA with use of the parking lot.
Premier Field
6. That CCSA shall have primary use of the Premier Field on Saturdays during
the fall and spring season. Jeff Parks Youth Football League (JYPFL) shall have primary
use of the premier field on. Sundays during their fall and spring seasons.
7. That twice a year, on dates to be decided, CCSA will have full use of the
Premier field for the weekend to host tournaments.
8. That all other usage of the Premier Field shall be at the discretion of the
PARKS AUTHORITY.
9. That all field usage rental fees on the Premier Field shall be retained by the
PARKS AUTIIORITY. There will be no rental fee for the football and soccer league
usage, and for tournaments hosted by CCSA and JYPFL.
Other Fields
10. That each season, CCSA will designate an. area in its part of the complex to be
used by JYPFL for the younger aged registrants. This field will be large enough to
encompass the Youth sized football field..
11. That all other fields used by CCSA will be primarily used for Soccer, unless
agreed to by CCSA and PARKS AUTHORITY.
12. That all field usage rental on these fields will be retained by CCSA. There
2
will be no rental fee for the football. field.
Maintenance
13. 'That all the so(ccr fields shall be maintained by the PARKS AUTHORITY.
1.4. That all.field lining shall be performed by CCSA and JYPFL.
Utilities
15. 'That all Utility fees and expenses shall be the responsibility of the PARKS
AUTI-IORITY.
Concessions
16. That until the JYPFL moves to the Woehrle°complex, CCSA will continue to
rim and.retain all profits from the concession stand. Once the JYPFL moves to the
complex, and until the new Indoor Sports facility is built, the PARKS AUTHORITY will
assume responsibility for the existing concession stand, including manning the
concession stand on weekends that CCSA and JYPFL are playing. Profits from the
concession stand shall be retained by the PARKS AUTHORITY in consideration that the `
PARKS AUTHORITY will.be responsible for all maintenance and for all utility fees and
expenses.
1.7. That once the new Indoor sports facility is built, which will contain the new
concession.stand, the PARKS AUTHORITY will continue to have responsibility for the
concessions and the PARKS AUTHORITY shall retain all net profits fiom the
concession stand.
3
18. That CCSA will use any concession fees that it receives to pay for referees
and any additional amounts will be used to reduce the cost of registration to soccer
participants.
catnTex Advec tiding aria NN<ma:t�I2il3t
19. That all advertising revenue for the Premier Field and for the indoor complex
shall be distributed to the PARKS AUTHORITY, and the revenue is to be only used to
pay down any existing debt on the property,maintain the facility, and add additional
features.
20. That all other advertising revenue from the other fields will be distributed to
CCSA.
21. That in the event that a corporate sponsor is found for the whole complex,
then 75% of revenue shall be distributed to the PARKS AUTHORITY, and 25%will be
distributed to CCSA.
Leagues and'T'ournaments
22. That CCSA shall be responsible for the running of all soccer leagues and
soccer tournaments at the complex, unless agreed to otherwise between CCSA and the
:PARKS AUTHORITY.
23. That JYPFL will be responsible for the running of all Football leagues at the
complex.
4
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24. That all disputes should first be resolved by an.informal settlement conference
between the CCSA board and the PARKS AUTHORITY. If disputes cannot be resolved
amicably via an informal settlement conference, then both parties agree to refer their
dispute to mediation. That this agreement shall be interpreted pursuant to the laws of the
State of Indiana.
'I sisxance and Liability
25. That both parties agree to maintain comprehensive liability insurance
coverage on said sports complex in the minimum limits of$1 million per occurrence and
$2 million aggregate, and that each party shall indemnify and hold harmless the other
party for any loss or damages incurred as a result of any acts or omissions by the other
party.
IN WITNESS WHEREOF, the parties hereto have executed on this O' day of
2013, or caused to be executed by their duly authorized officials, this Agreement.
CCSA:
B
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PARKS AUTHORITY:
By
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ATTEST:
6
of 200' 400' 600,
SCALE: 1" 200' 3 rn
NORTH AND ALL BEARINGS SHOWN ¢� tC '• o
HEREON ARE BASED ON NAD 1983,INDIANA
PLANE
COORDINATESONED EAST , TE
GPS
CONTROL AND OBSERVATIONS, o
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10' INGRESS/EGM$S
,r f EASEMENT
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I ' 8.939 ACRES
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l._ CLARK COUNTY SOCCER ASSOCIATION, INC
j D.D. 25, INST. 20442
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LEGEND �ws
P.O.C. - POINT OF COMMENCEMENT 110
T.P.O.B - TRUE POINT OF BEGINNING Ed o
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PUBLIC SERVICE COMPANY OF INDIANA, INC
y 32' ELECTRIC POLE LINE EASEMENT
y D.R. 161, PAGE 374
CSX RAILROAD 30'
(FORMERLY B&0) NOTES
THIS EXHIBIT DOES NOT REPRESENT AN ORIGINAL SURVEY,
RETEt,4CEMENT SURVEY, ROUTE SURVEY OR SURVEYOR'S LOCATION
REPORT" AND SHOULD NOT BE RELIED UPON AS SUCH..
INFORMATION SHOWN HEREON REPRESENTING BEARINGS AND
DISTANCES IS BASED ON A SURVEY PERFORMED BY THIS
COMPANY ON SEPTEMBER 27, 2011.
CLARK COUNTY SOCCER ASSOCIATION, INC. M EXHIBIT
' .7•C,AR?.S
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING A.ENGINEERCNG.LLC
OF LAND SITUATED IN SURVEY X136 OF THE 958 WATER STR.E'I' A
ILLINOIS GRANT, CLARK COUNTY, INDIANA CtCARC,ES'C'OWN,M 47111
1N THE CITY OF JEFFERSONVILLE. (817.)256.7981
SCrLF—fe AS NOTED I DAZE: 5-1-13 1 DRAWN: H.LH. CHOCKED N.L.H. DPAWING NO. 12-640L JOB Ho. 12-64
,a
2 (' 300,
10' INGM E£4RE5S
'. MEi,I>�,Nl'
j 013,0 ACRES
LIME TABLE
I«iNE BEARING h1SFANCIr
L.1 S 69"22 E 149 3h'
t t L2 S 51� 265.83' i
1 t W S 3A'SA�26 W 10
L4 F SrO! 3+4 W71-
2 .8
1 LSN 55.12 4 W 149'
{ t L6 N 20'33'01 E
1t
11
11
fl
t4
t } CURVE TABLE
1 1 CURVE ARC LE-0714 FtAOtUS IbH01 0 >9FiF1IMC CHORD LENGTH
t t C 1 s, E 102A
� 2 46.2 S-88'56 4 42.95
L 3 C3 33,03 25 N 8I3 38 d4 W 30,68
C4 1117,31 1W 17' - S ;81`55 35'-W 112,46
CLARK COUNTY SOCCER ASSOCIATION, INC. EXHIBIT
at�.�zr's
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYINO&ENGINEERING,LLC
OF LAND SITUATED IN SURVEY #36 OF THE 958 WATER STREET B
ILLINOIS GRANT; CLARK COUNTY, INDIANA CHARLESTOWN,IN 47111
IN.THE CITY OF JEFFERSONVILLE. * (812)2567781
SCALE:AS NOTED DATE: 5-1-13 DRAWN; HAH. CHECKM H,LH._.._ DRAWINO NO, 12-640L I JOB No. 12-64
That part of Survey Number 36 of the Illinois Grant, Clark
County, Indiana being further described as follows:
Commencing at a MAG Nail on the eastern corner of Creekstone
Ridge, Section 3, Plat Book 12, Page 51, being on the
centerline of Charlestown Pike (formerly Jefersonville—Charlestown
Pike); Thence along said centerline, South 20 degrees 39
minutes 01 seconds West, 6.74 feet to a MAG Spike with an
aluminum collar, the True Point of Beginning;
Thence along the southwestern line of a 0.101 acre tract of
land conveyed to the, Southern Indiana Railway, inc., as
described in freed Record135, Page 459 (Parcel 17), South 48
degrees 29 minutes 17` seconds East, 315.04 feet toy`a steel:
pin and nap. Thence continuing along the southwestern line 'of
said railway (Parcel 6b), South 42 degrees' 35 minutes 17
seconds East, 276.82 feet;. Thence South 38 degrees 54 minutes
26 seconds West, 315.28 feet, Thence South 51 degrees 05
minutes 34 seconds East, 97.05 feet; Thence South 38 degrees
54 minutes 26 seconds West, 415.99 feet to the northeastern
boundary line of Nicole Station (Plot Book 11, Fags 90); Thence
along' said northeastern litre, North 51 degrees 04 minutes 06
seconds West, 426,14 feet to a MAG Spike with an aluminum
collar on the centerline of Charlestown Pike, Thence along said
centerline, North 20 degrees 39 minutes 01 seconds East,
828.02 feet to the True Point of Beginning.
The above—described tract of land contains 8.939 acres, which
is subject to all easements and rights—of—ways, including the
following 10—foot wide Ingress—Egress Easement being further
described as follows:
Commencing at a MAa Nail on the eastern carrier of Creekstone
Ridge, Section 3 Plot Book: 12, Page 51, being, on the
centerline of Charlestown Pike (formerly Jefersonville—Chorlestown
Pike); Thence 'along said centerline, South 20 degrees 39
minutes 01 seconds West, 561.61 feet to the True Point of
Beginning;
Thence South 69 degrees 22 minutes 34 seconds East, 1+19:34
feet; Thence 107,29 feet along a curve to the left having' a
radius of 107.00 feet and a chard which bears North 81
degrees 55 minutes 42 seconds East, 102.86 feet; Thence with
a reverse curve 46,25 feet along a curve to the right having a
radius of aa.00 fest and a chord which bears South 88 degrees
56 minutes 44 seconds East, ` 42.95 feet; Thence South 51
degrees 05, minutes 34 seconds East, 26x.83 feet, Thence South
38 degrees 54 minutes 26 seconds West, 10.00 feert; Thence
North 51 degrees 05 minutes 34 seconds West, .265.83 feat:
Thence with a curve 33,03 feet.along a curve to the left having
a radius of 25.40 feet and a chord which bears North 88
degrees 56' minutes 44 seconds Wast, 30.68; Thence with a
reverse curve 117.31 feet along a curve to the right having a
radius of 117.00 feet and a chord which bears South 81
degrees 55 minutes 35 seconds Wast, 112,46 feet, Thence North
69 degrees 22 minutes 34 seconds West, 149:34 feat,, Thence
North 20 degrees 39 minutes 01 seconds East, 10.00 feet to
the True Point of Beginning.
0.130 acres
The above--described easement contains 0.130 acres, which is
subject to all easements and rights—of—ways, whether of record
or not.
CLARK COUNTY SOCCER ASSOCIATION, INC. N EXHIBIT
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT r^ SURVEYING fie ENGINEERING,LLC
OF LAND SITUATED IN SURVEY #36 OF THE , 458 WATERSTREF—l'
ILLINOIS GRANT, CLARK COUNTY, INDIANA A CHARLES'IOWN,IN 47111
IN THE CITY OF JEFFERSONVILLE. (812)256-7781
SCALE:AS NOTED DATE:8-1-13 DRAWN: H.LH. .CHECKED:H.LH. rDRAWING NO. 12-64DL I JOB No. 12-64
TAX KEY NO:
TAX MAILING ADDRESS: Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
WARRANTY DEED
THIS INDENTURE WITNESSETH; that the CLARK COUNTY SOCCER ASSOCIATION,
INC., an Indiana Corporation, by and through its duly authorized officer,
CONVEYS AND WARRANTS UNTO
THE CITY OF JEFFERSONVILLE PARKS AUTHORITY, in consideration of the sum of one
dollar ($1.00) and other good and valuable considerations, the receipt whereof is hereby
acknowledged, the following described real estate situated in the County of Clark and in the State
of Indiana, to-wit:
SEE THE ATTACHED EXHIBIT "A"
Subject to any and all easements and/or restrictions of public
record.
Grantee shall assume and be responsible for the real estate taxes due and payable
beginning with the 2013 Fall Installment of 2012 taxes and all subsequent real
estate taxes thereafter.
TO HAVE AND TO HOLD, the same unto said Grantee, its heirs and assignees, in fee
simple forever.
THIS CONVEYANCE is made free and clear of all liens and encumbrances, except all
taxes due and payable beginning with the 2013 Fall Installment of 2012 taxes and all subsequent
taxes, which the Grantee, by the acceptance of this deed, assumes and agrees to pay.
THE GRANTOR herein certifies that there is no Gross Income Tax due the State of
Indiana under the act of transfer hereby made by this conveyance,
IN WITNESS WHEREOF, the Grantor had hereunto set its hand and seal, this the .21
day of 1)VAS _, 2013.
CLARK COUNTY SOCCER ASSOCIATION, INC.
An Indiana Ca oration ("Grantor")
By:
President
STATE OF INDIANA }
} SS
COUNTY OF CLARK }
BEFORE ME, the undersigned a Notary Public in and for said County and State,
personally appeared P�;�i 1)ockt�o4-{-, who, having been first duly sworn under oath
and by affirmation for the penalties of perjury, acknowledge the execution of the foregoing
Warranty Deed and further stated that the matters and facts contained therein are true and correct
to the best of his or her knowledge and belief.
WITNESS my hand and notarial seal this day of ,
2013
'
{ CAVA#RANCO
ROOM P't KIO STtATC OF INDIAN
p Notary Public: �+-ay-,c ca
`FF ", KCOUNTY
�MI ION EXPIRES 0s10W`19. Resident of Clark County, Indiana
My Commission Expires:,
7 `*
ri#affirmitd „r the penalties for perjury, that I have taken reasonable care to redact each Social
Security nu r ber in this document, unless required by law."
R, C TT LE
This Instrument Prepared By:
R. SCOTT LEWIS
Attorney at Law
530 East Court Avenue
Jeffersonville, IN 47130
(812) 288-6820
E&I 1q4
That part of 'Sotvoy Number 36 of the Illinois Grant, Clark
County, Indiana Wein' further described as follows:
Coarlmancirlg, at a MAG Nail on the eastern COMOr of Creekstona
Ridge. 'Sectibil 3e Mai Book 12, being am tha8
cent Uns of ,Charlde town Pike( formerly �efersonvitla-Chokl stowt.'.
Pike); Ihance olrng said ,cen
sterlin6 South 20 degrees 0
rriinutes 01 ' corlds '+Nest, 6,74 feat to a MAG Spike with on.
aluminu6" dollar, #ho True POW of I3rginr'160.
Thence along the oauthwOffitOM line of: a 0.101 racri ItrCNA as lanai conveyed to tt ab Southern Indlana ReAwoy,
described In need R000rd 135, Page 4S9„tPd 01 17), South 48
Bogros 29, trtinutses 17 seconds, East, 31 ,0 4 f acct t a utdet;.
pin and swap; -Thence +»orrtiail ii along the, 400thWwelr, Iine of,
saki raallwey` (omel, ;8b)» -South 42 do+gre '-35 Minutes, 1 t
:3alCObda3 East, 27 'k feet; 'Thetics Saaath .� " degrees 5 rntrllrtaesl:.
{ ssoonds MIA 31 ZA feat; Thonce Soaitit, 51 degraos Cl:
Minutt±sr 34 Soda.na3sCost, 1"05 feet; Thence:South dagrat+e'a
4 minutes .16 > scards
W.,
64 feat" t filo zlart.ieastaiai;.
baundCr+ ltnae.of Nicote_Skation.(Plaxt, book 11, Pao 90) Tllereaae;
along axiat northataasteral title, North "51 Wool;. � rhaa�utes 06
da Bomb West. 251 'fps# ttt a IvAG Sp.ke `wiih Qn aalurrilnurri
aofiair on file cor►telriirla trf Ctyorktsstaxwn Pike. Thence ;along snid;.
asiliter#tr4e; North eft ;ete ii ear Sfd iyahutai tl1 soconda a t,
,{) fleet to the 7riaa paD#nt of 800014
,q#>gr�#e—dedctibed: tract of land owtalns 0 539 ones, which.
The
3s i4ulx�aat tax• ati semasnts and rights—of—ways, inch...41 ig the
oilgigYride Ingress— gre Easement being furtharir'
sdescriba3a as faxliaws:
campne"Cog exto,MACNdU of t the, evstem a;aamer of .CreeksitiW
S#oWtr a» "Plat Book 12: Page. 61j basing on fhae
oeriterti e. of fitledsttow i P14, (}formerly Mor'sornrll3e--Gha>larstaSw»
PiMe); Chance biting .;aalaf a:a�titor na, South �0 degrease
minutes Ct1 itaonafs West, 88y".61 foe# 16loos True 0161M Of
Beginning;
Itiheneo South69 degroes -22 Minutes 34 seconds l aist, 1�
feet;• Thence 107.29 foot atong a calrve to the left: having 0
r07 0j.orf 107.Ob feat a� a chord which 6aaers• North' 81
iaognees "a5 minutes 42'•riecbrids East, 102.86 foot; Thence with
roveme ourvre" ;40.2:1 fsot along a curve tai tots right having a
radius o 36.00`fa st csnt3 -e ah)rd which oilers; youth �� dogtetes
rxrinwtea s critls fast» 42.9 a .feet. Thetics `«south v1
de�Ta!es: t15 rrilnwtass 34 seconds 6sii. z-OK t3 feet; Yhenoo South
8` ,deg n 64 miraub" stscainds WOet, 1 O Ota f�:c Tlionce m
fJortti1 degrs' 05 ,mina�tais;. ,3a4 seconds 4iassl. 216 5,63 facet;
77ahba With a�tztrtc� x'.03 # -along a curve
, the��le#t hcvia
a rgflue.. a, 25.w. lest drfd' ax chord which ba3am
North
degree 'minu. 44 Sraigbfids es,, .3(3.68; Tlrericte with o
reverse ,Curve 117.31 feet rrlaral a curve to that right hroOng. o'.
r i4*' of. 117'.00 feet tend a chord which to 'e: South $1.,
d+ r85�a mirla�' 35 s3#r�+xnde Went, 112,46io#t; 7henes Nrsrth.
` 13S aiasgmos 22 rnraiattais 34 seco;jds QSt 149.34 fed, Then;
t�lortlO eft a3enra'a Sir "rri.nutoe Cil s ands fast, 1p 00 feiei tel:.
the 'True-. {paint of I�.axginiirig..
0,130 acres
The above—described easement contains 0,130 acres, which is
subject to all easements and rights—of—ways, whether of record
or not.
CLARK COUNTY SOCCER ASSOCIATION, INC. c N� S EXHBr
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT w» SURVEYING&ENGINEERING,LLC
OF LAND SITUATED IN SURVEY #36 OF THE "ae 758 WATER STREET
ILLINOIS GRANT, CLARK COUNTY, INDIANA CHhR(812)LESTOWN. 41111
IN THE CITY OF JEFFERSONVILLE. '" " (812)256.77881)
4
SCALE:AS NOTED ae ::a-1-13 pRAWNr k.L.N. cHECr.ED: tt,4.N. DRAwMU No. 12-84D1 JOB.No. 12-64
G; 200, 400' 600' z
SCALE: 1" 206'' /
NORTH AND ALL BEARINGS SHOWN t xiv / z
HEREON ARE BASED ON NAD 1983, tC,,Oj z w
INDIANA EAST ZONE, STATE' PLANE
COORDINATES AS DERIVED FROM GPS
CONTROLAND OBSERVATIONS.
ko
IL Lu
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�,10' INGRESS/EGRESS
EASEMENT ca
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rn 8.939 ACRES II rn v
II s 385426 w a
`—S 51105'34" E w d,
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s as'5x'x " W art+�`'
�: R ASSOCIATION, INC
CLARK COUNTY SOCCER
O.D. 25, INST. 20442
i <0) w c,
P.O.C. - POINT OF COMMENCEMENT fail
T.P,O.B - TRUE POINT OF BEGINNING ; o
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PUBLIC SERVICE,,COMPANY OF O O*I It INC.
32' IELECTRIC POLE LINE EASEMENT
co D,R. 1,6j.
PAGE 374
CSX RAILROAD ' 30
(FORMERLY B&O) NOTES
THIS EXHIBIT OOPS NOT AEPRMN7 ANOfktO 1AL S'Ay -';
RETRACEMENT SURVEY; 107E SURNE` OR SU1tVE'al�R'S CtICAT101d
REPORT AND SHOULD N�31 11 tEp UPON AS SUCtt..
INFORMATION SHOWN; ]IOCON, ARINt#S AND"
DISTANCES IS [3A tO, pN A Suw I ERFOR E�7 ET4 fbti
COMPANY ON SEPTEMBER 27, 2011.
CLARK COUNTY SOCCER ASSOCIATION, INC. N � EXHiBff
. y
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT SURVEYING k L"NGME MMO.LLC
OF LAND SITUATED IN SURVEY #36 OF THE a 958 WATER STREIeT
ILLINOIS GRANT, CLARK COUNTY, INDIANA " CHA1tLJSTOWN.IN47111
IN THE CITY OF JEFFERSONVIU.9 " (812)256.7751
. SCALE:AS ZED DA'1E: 5-1-13. DRAWN: H.L.H. CHECKED: H,L.N. DRAWING IdO, 12-6hDi. JGD Na 12-6�
1 Wo
GX
0' 100, 200
�1 SCALE: 1" m 100'
1�
40' INGRESS/EGRESS
EASEMENT `
0.130 ACRES
ck Isc LINE TABLE
E," RING . A WE
L, sza E 1d9 4''
t t ,� #Sig
1{ : 1 w
L 4. !J S7`0s3 34 W 265.83
t t fV 622 W 149.34
t 1 Lo re s D7 to
I1
i1 CURVE TABLE
t 1 CURVE 'ARC LEMG"fN RADIUS CHORD BEARING ONG7R0--LENGTH
{ 1 Cl 107, i07 8 '554 E. 102,F3G
C2 46.2: 35' `a'l38M5 4° 4^x.05
C3 33.03. 25 N; 56 44 W 30.88
C4 1171 117 5 8i"55 35 W 1 f2y46
CLARK COUNTY SOCCER ASSOCIATION, INC. N HARre g
EXHIBIT AND DESCRIPTION OF A 8.939 ACRE TRACT V SURVEYING k ENGiNEEMO,LLC
OF LAND SITUATED IN SURVEY #36 OF THE �i 558 WATER STREET
ILLINOIS GRANT; CLARK COUNTY, INDIANA CHARLESTOWN,TN 47111
IN THE CITY OF JEFFERSONVILLE, (812)256.7781
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5CN.E:_A5.NDTLD PATE 5-1-1J DRAWN: H.L.M. CNECk!':1: hi.LH, prAw;140 NO. 12-64DL .JOB Na. 12-64