Portion of Aerial Area Structure Plan Bylaw #12.12 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 836b7e69c994 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF DRUMHELLER BYLAW NO. 12.12 ## BEING A BYLAW OF THE TOWN OF DRUMHELLER IN THE PROVINCE OF ALBERTA TO ADOPT AN AREA STRUCTURE PLAN WHEREAS: pursuant to the provision of Section 633(1) of the Municipal Government Act, R.S.A. 2000, Chapter M-26.1, a council may pass a bylaw for the purpose of adopting an area structure plan to provide a framework for subsequent subdivision and development of land within the Town to be known as: "THE PORTION OF AERIAL, ROSEDALE AREA STRUCTURE PLAN" AND WHEREAS: a Public Hearing was held on September 10, 2012, as required by Section 230 of the Municipal Government Act. NOW THEREFORE: THE COUNCIL OF THE TOWN OF DRUMHELLER IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "The Town of Drumheller - PORTION OF AERIAL, ROSEDALE Area Structure Plan" 2. Council adopts the PORTION OF AERIAL, ROSEDALE Area Structure Plan for those lands contained within the plan area. 3. This Bylaw takes effect on the date of the third and final reading. READ A FIRST TIME THIS 27* DAY OF August, 2012. READ A SECOND TIME THIS 10th DAY OF September, 2012. READ A THIRD TIME AND PASSED THIS 10* DAY OF September, 2012.  /CHIEF ADMINISTRATIVE OFFICER  ## PORTION OF AERIAL WITHIN THE DISTRICT OF ROSEDALE IN THE TOWN OF DRUMHELLER, ALBERTA. ## AREA STRUCTURE PLAN PREPARED BY Wm. R. HUNTER ALBERTA and CANADA LAND SURVEYOR PREPARED MARCH 2011-MAY 2012. ## TABLE OF CONTENTS | SECTION | TOPIC | | PAGE | |--------------|-----------------------------------------------------------------|-----------------------------------------------------------------|--------| | 1.0 | INTRODUCTION AND PURPOSE | INTRODUCTION AND PURPOSE | 3 | | 2.0 | TOWN OF DRUMHELLER LAND USE BY-LAW | TOWN OF DRUMHELLER LAND USE BY-LAW | 3 | | 3.0 | STUDY AREA AND EXISTING CLASSIFICATION | STUDY AREA AND EXISTING CLASSIFICATION | 4 | | 4.0 | SITE AND ADJACENT OWNERSHIP | SITE AND ADJACENT OWNERSHIP | 4 | | 5.0 | SITE CHARACTERISTICS | SITE CHARACTERISTICS | 5 | | 6.0 | EXISTING MUNICIPAL SERVICES | EXISTING MUNICIPAL SERVICES | 6 | | 7.0 | UNDERGROUND COAL MINING | UNDERGROUND COAL MINING | 7 | | 8.0 | SITE DEVELOPMENT CONSTRAINTS | SITE DEVELOPMENT CONSTRAINTS | 7 | | 9.0 | SUBDIVISION AND DEVELOPMENT CONCEPT | SUBDIVISION AND DEVELOPMENT CONCEPT | 8 | | 10.0 | OVERCOMING FLOOD RISK CONSTRAINT | OVERCOMING FLOOD RISK CONSTRAINT | 8 | | 11.0 | OVERCOMING SEWAGE SYSTEM CONSTRAINT 9 AND SITE EVALUATION STUDY | OVERCOMING SEWAGE SYSTEM CONSTRAINT 9 AND SITE EVALUATION STUDY | | | 12.0 | PROPOSED DEVELOPMENT | PROPOSED DEVELOPMENT | 9 | | 13.0 | PROPOSED RE-CLASSIFICATION AND PHASING | PROPOSED RE-CLASSIFICATION AND PHASING | 10 | | 14.0 | PROPOSED DEVELOPMENT CONDITIONS | PROPOSED DEVELOPMENT CONDITIONS | | | 15.0 | SUMMARY | SUMMARY | 12 | | SCHEDULE A | | PLAN OF SITE AND SURROUNDING AREA | | | SCHEDULE A-A | | PROPOSED SUBDIVISION PHASING & LOT AREAS | | | SCHEDULE B | | 2005 AERIAL PHOTOGRAPH OF SITE | | | SCHEDULE C | | PLAN SHOWING SITE AND EXISTING WATER LINES | | | SCHEDULE D | | PLAN SHOWING UNDERGROUND MINING IN AREA | | | SCHEDULE E | | PLAN SHOWING 1:100 FLOOD RISK AREAS | | | SCHEDULE F | | PLAN SHOWING EXISTING LAND CLASSIFICATIONS | | | SCHEDULE G | | SITE SEWAGE DISPOSAL EVALUATION STUDY | | | SCHEDULE H | | TITLE TO SITE | | | SCHEDULE J | | TITLE TO ADJACENT LAND TO EAST | | ..........3 ## 1.0 INTRODUCTION: This Area Structure plan is prepared to examine the development potential of an area located in the Rosedale District of the Town of Drumheller locally known as a portion of Aerial. Aerial was also referred to as The Star Mine Camp. Although the Star Mine was situated on the north side of the Red Deer River, at one time the coal from the mine was transported across the river by aerial cable car to the coal loading tipple on the south side of the river. The loading tipple was moved from Aerial to the north side of the river near the mine entrance once a railway was built on the north side of the river from Cambria. Miners also walked to and from work across the river on a narrow platform suspended by cables. This was known as the "Swinging Bridge" and after restoration it remains today as a Historical Site and is a popular tourist attraction. The specific study site is often referred to as the "KROSBY ESTATE". ## 1.1 PURPOSES: ## 2.0 TOWN OF DRUMHELLER LAND USE BY-LAW NO. 11-08 While all of the contents of the Town of Drumheller Land Use By-Law No. 11-08 were consulted during the course of this study; the following excerpt is particularly pertinent to the this site due to the site being in the flood fringe area of the flood risk designation of the Red Deer River basin. ## DRUMHELLER LAND USE BYLAW 11-08 .... SECTION 62 "Land within the 1:100 Year Flood Risk Area - (a) Development shall be discouraged on land within the flood risk area as determined by Alberta Environmental Protection; - Development activities in the flood risk area shall be carefully controlled. Low intensive uses such as open space, recreation and agricultural activities shall be preferred. - (c) Subdivision and development of permanent structures shall not be permitted within the flood way; ......4 - (d) Notwithstanding the above and at the discretion of the Development Authority, development defined as infill development may be allowed on land within the flood risk area. In all cases, as a condition of development approval, the Developer shall hold the Municipality harmless from any damage to or loss of the development caused by flooding by way of an agreement registered as a caveat or restrictive covenant against the titles of the property being developed; and - (e) At the discretion of the Development Authority and where development does not. constitute an infill situation as defined in this bylaw, development may be allowed on land within the flood fringe area if sufficient landfill can be provided to raise the building or development site above the elevation of the 1:100 year flood probability contour or other suitable flood proofing techniques can be employed. The Town may require professional certification to ensure this requirement." This site lies within the backwater of the flood fringe zone where no current exists during high water situations. As stated in the Section 62 (d)(e); development in a flood fringe may be allowed and achieved providing the development is carefully controlled. ## 3.0 STUDY AREA: The study area is outlined on the attached plan marked Schedule -"A" and also on the 2005 aerial photograph marked Schedule -"B" and contains 13.119 Hectares (32.42 Acres). ## 3.1 EXISTING SITE LAND USE CLASSIFICATION: The existing site classification is U.T. (Urban Transitional District). Adjacen classifications are S.C.R. (Suburb Community Residential District) and C.R. (Countr Residential District). See Schedule - "F". ## 4.0 OWNERSHIP: This study area land is contained in two parts defined on one Certificate of Title which is free of all encumbrances but subject to some unregistered property rental agreements on houses originally constructed approximately 70-80 years ago. A copy of the current Certificate of Title Number 981 319 854 is attached. See Schedule- "H" ## 4.1 ADJACENT LANDS: NORTH: All land north of the subject site is developed into single family residences with all but one situated on small irregular shaped Lots. This land lies within the Flood Fringe with an elevation similar to the subject lands. These lots are serviced by municipal water supply. These Lots were created in 1993 to accommodate long term occupation by people living on rented unregistered lots and are classified as Suburb ........5 Community Residential District (SCR). EAST: To the immediate east side of the subject lands is a 60 foot strip of Municipal Reserve (Lot 8 M.R., Plan 911 0746) dedicated in 1991 as a condition of subdivision when one of the northerly subdivisions was approved. This strip of land was once a railway spur line used when the Star Mine Loading Tipple was located on the south side of the river. The land lying east of this Municipal Reserve is owned by Mancal Coal Inc. in Certificate of Title Number 971 297 076. See Schedule -"J". This land is low lying and designated on the Flood Risk Study as being in the Red Deer River 1:100 year Floodway. Since by definition this land is undevelopable it is being ignored by this study although it may be useful for the northerly extension of the Pinter Campground. SOUTH: The land south of the subject site is separated by a gravelled surface road with drainage ditches on both sides developed within the original road allowance limits. This land lies within the Flood Fringe and has an elevation similar to the subject lands. The south side of the road allowance has been subdivided and developed into about eight larger single family residences with municipal water supplied to same. This development is classified as Country Residential (CR). WEST: Mabbott Road lies on the west side of the subject site which is a paved arterial roadway with ditches on both sides which provides access to Aerial and to the Swinging Bridge. The northerly portion of the west side of Mabbott Road consists of five single family residential lots; three of which are developed. This land lies within the Flood Fringe with an elevation similar to the subject lands. These properties are classified as Suburb Community Residential District (SCR). The southerly portion of the west side of Mabbot Road consists of one 10 Acre abandoned miniature golf course property (Lot 11, Plan 3867 H.U.) presently classified as Urban Transitional (UT). The southerly half of this site is above the 1:100 year flood plain. The north half lies within the Flood Fringe with an elevation similar to the subject lands. This site may have potential as a miniature golf course, unique camping facilities, condominium type resort cabins or even single or multiple family dwellings if the topography, flood fringe and the cost of providing sanitary services can be overcome. ## 5.0 SITE CHARACTERISTICS: ## 5.1 DESCRIPTION and SIZE: Portion of the South Half of Sec. 28, in Township 28, Range 19, W.4th. Meridian contained in two parts on one Certificate of Title Numbered 981 319 853 and contains 13.118 Hectares (32.42 Acres). ........6 ## 5.2 TOPOGRAPHY: (approx. 1.5 acres) identified as proposed Lots 8,9 and 10 on Schedule - "A"; this site is flat near level sloping very gently to the east. The mean elevation of this site is 679.5 metres. With the exception of a 5 metre high clay ridge located at the south west corner of this site ## 5.3 SOIL CONDITIONS: The soil consists of sandy silt with the majority under cultivation. A strip of trees consisting of poplar and dense willow exists though the easterly portion of the site and another strip of the same type of vegetation exists along the east boundary and extends easterly across the adjacent property to the Red Deer River. ## 5.4 EXISTING DEVELOPMENT: During the coal mining era in this area; approximately 12-15 houses existed along the west side of this property facing Mabbott Road (Road Plan 419 E.Z) and some additional houses existed along the south side of this property. At this time four occupied houses still exist along the west side, one located near the north east corner of this site and one unoccupied building along the south side of this site. The remainder of these houses have been moved or torn down leaving only fences and hedges where they once existed. The location of existing improvements are shown on Schedule-"A". These existing houses are serviced with natural gas and power. ## 6.0 MUNICIPAL SERVICES: ## 6.1 ROADS: This street is named Mabbott Road and terminates at the Swinging Bridge over the Red Deer River and serves as the main arterial road for the lower Aerial Area. A paved road with ditches on either side exists along the west side of this property. A gravelled road with ditches on either side exists along the south side of this property (Pinter Drive) which is constructed within the original road allowance limits. This road services approximately eight existing single family dwellings along the south side of Pinter Drive and terminates at a dead end at the south east corner of the subject lands. The street pattern along the north end of the subject lands is shown on Schedule - "A". and consists of a narrow gravelled surface street. (Star Mine Drive). ## 6.2 NATURAL GAS AND ELECTRICITY: natural gas and overhead power supply. Available in this area. All existing dwellings in within the study area are connected to ## 6.3 DOMESTIC WATER: of good quality yept for a high on contenwater supply from private wells. Well wateris Municipal water supply lines exist along the west side of Mabbot Road, the north side of Pinter Drive and Star Mine Drive. With the exception of one, the remainder of the .......7 ## 8.1 The enclosed Schedule -"C" plan shows the location of the existing municipal water lines in this area. The proposed Lot 1 at the north western end of this site is connected to this water line. ## 6.4 SANITARY SEWER: ## 6.5 No sanitary sewer is available in this area at this time. At present sanitary sewer is being landled by private individual pump out septic tanks. Pump out and haulage to the Drumheller Waste Water Treatment Plant is done by local contractors. Cost of this service is approximately $ 200.00 per month. ## STORM SEWER: No underground storm sewer is present in Aerial. Surface drainage is accomplished by roadside drainage ditch collectors which empty into the Red Deer River which appears to be adequate. The sandy soil in this area minimizes the surface run off. ## 7.0 UNDERGROUND COAL MINING: A search for underground coal mining activities within or under the study area was conducted at the Alberta Archives, the Alberta Energy Resources Conservation Board records and local knowledge of the site. None was found; nor is their any indications of subsidence in the field or on aerial photographs. Schedule -"D" is a plan obtained from the Alberta Energy Resources Conservation Board records showing past underground coal mining activity in this region. The Star Mine and other mines in this vicinity worked the No. 1 (Lower) and No. 5 (Upper) seams which are both above the valley floor in this location. ## SITE CONSTRAINTS: The entire study site is designated a "Flood Risk Area" on the Drumheller Flood Risk Plan and history has shown this to be correct. A Flood Risk Area is defined as that area calculated or determined would be inundated by a 1:100 year flood. The enclosed Schedule- "F" plan shows the relationship of the study site with respect to the Red Deer River, its Floodway and Flood Fringe areas. 679.5 metres The existing elevation of this site is: The 1:100 year flood plain is: 680.75 metres The 1:100 year flood plain of 680.75 metres is based on the regulated flow of the Red Deer River which recognizes some flood protection from the Dickson Dam. With th exception of a 5 metre high clay ridge located at the south west corner of this site, the remainder of this site is designated as a "Flood Fringe" area on the Drumheller Flood Risk Plan. ...........8 The Drumheller Land Use Bylaw 11-08 defines the "Flood Fringe" as that portion of the flood risk area where the water is shallower and moves more slowly. Development in the flood fringe may be permitted provided that it is adequately flood proofed. The flood risk in this area is the caused by backwater resulting from the elevation of the Red Deer River during flood periods. There is no current in the backwater caused by high water in the Red Deer River in the subject area. ## 8.2 MUNICIPAL SANITARY SEWER CONSTRAINT: No sanitary sewer is available in Aerial at this time. In recent years, a study and design proposal to install sanitary sewer services to Aerial area was considered by the Town of Drumheller and the area residents but rejected because of high costs due to the lack of participants available to cover these costs. The current houses presently are using a septic tank utilizing local contractors to pump out the tank and haul waste to the Drumheller Sewage Treatment Facility. ## 9.0 SUBDIVISION AND DEVELOPMENT CONCEPT: Due to excessive costs to fill the entire area above the 1:100 flood fringe and the high cost of bringing sanitary sewer to this area; the most suitable development of this area is best suited to low density single family dwelling lots serviced by municipal water services and individual sewage disposal systems around the perimeter of this site and to leave the centre as an agricultural parcel. ## 10.0 OVERCOMING FLOOD RISK CONSTRAINT: As defined previously; this land lies in the flood fringe area and is 1.25 metres (4 feet) lower than the regulated flow of the 1:100 year flood plain. This area was flooded in 1948, 1952 and 2005. The height of the water in 2005 was 679.5 m. Schedule -"B" photograph was taken during the 2005 flood and shows some of the centre of the subject parcel inundated with a small depth of back up water from the Red Deer River. The possibility of hauling and placing adequate fill to the entire site or constructing a man nade lake to provide sufficient fill to raise the ground level to the 1:100 year flood plair vas studied, considered and rejected for impossible economic reasons. Placing fill to bring this entire land above the 1:100 flood plain far exceeds the value of the lots that can be created. Restricting development to the perimeter und the exterior boundaries of this site where access is already provided by existing roads minimises the amount of fill required to the extent necessary to make house construction economically viable. ..........9 ## 11.0 OVERCOMING SEWAGE SYSTEM CONSTRAINT: A study, design and proposal to install sanitary sewer lines and a lift station to service Aerial was prepared and considered by the Town of Drumheller and the area residents but turned down because of the lack of participants needed to cover the costs of this endeavour. Although the proposed new lots will provide additional users to contribute to this cost; the proposed number of these new lots will not be a significant factor in overcoming these costs. It would appear even with 100% participation of the existing and proposed new owners; considerable financial subsidies would be required to make this feasible. The larger proposed lots with a minimum site area of 20,000 sq. feet is designed for private water supply and private septic tank-field systems sewage disposal. For the purpose of this study; Mr. Milo De Bernardo was retained and has conducted a site evaluation for the use of private individual septic tanks with field systems in accordance with the current Government of Alberta Private Sewage Disposal Systems Regulations and concludes the soil conditions in the study area supported by the larger parcel size are adequate to accommodate Onsite Wastewater Systems. Mr. De Bernardo also recommends that the location of all new sewage treatment systems installations be considered when houses are being situated to maximize land usage. Mr. Be Bernardo's investigation and report is attached as: Schedule -"G". However; if and when sanitary sewer services are available; all new development must connect to this services as a condition of development. ## 12.0 PROPOSED DEVELOPMENT WEST SIDE .... PHASE 1 ## 12.1 Creation of nine approximately 20,000 sq. ft. lots with access to Mabbott Road plus one proposed Lot 18 for single family dwellings as shown on this area structure plan. This recognizes the previous development along this strip and also the existing houses along this area. Municipal water runs along the west side of Mabbott Road and is available to service these proposed lots. The larger lot provides the additional area required for a septic tank and field systems (See Schedule -"G"). The fill required to bring the finished grade elevation for a new house to the 1:100 would be approximately 1.25 metres which is manageable. The desired 1:100 elevation around new houses would be one metre above the finished grade of Mabbott Road which is also reasonable. Lowering finished floor elevations can be achieved by eliminating basement windows. Water proofed concrete basements should be mandatory at least up to the 1:100 year flood plain. ## PROPOSED DEVELOPMENT SOUTH SIDE ...... PHASE 2 Create eight approximately 20,000 sq. ft. lots facing and with access to Pinter Road for single family dwellings, leaving access to the centre portion of this site as shown on the area structure plan. This allows for the creation of one lot for an existing building and provides for nine additional lots. Municipal water runs along the north side of Pinter Road and is available to service these proposed lots. With exception of the three westerly lots; the fill required to bring the finished grade elevation for a new house to the 1:100 would be approximately 1.40 metres which is manageable. The desired 1:100 elevation around ...10 ## 12.2 new houses would be approximately 1.3 metres above the finished grade of Pinter Road. Lowering finished floor elevations can be achieved by eliminating basement windows. Water proofing of concrete basements should be done to the 1:100 year flood plain. ## PROPOSED DEVELOPMENT NORTH SIDE .... PART OF PHASE 1 Create one lot to accommodate the existing house. This requires a short street dedication extension to provide legal access to this lot. ## 12.3 PROPOSED DEVELOPMENT NORTH SIDE .... PHASE 3 931 0274 expressed an interest in acquiring/exchanging lands to expand their irregular are not intended as lots but rather potential land identified in this Area Structure Plan that can be used for consolidation with lands within Plan 931 0274 to create larger lots to fulfill this need. During the course of this study, the owners of the adjacent Lot 6 and 13, Block 9, Plan lots southward to create regular 20,000 sq. ft. lots. As it stands now, In the event they wish to re-build on their properties they can not meet the minium front and rear setbacks required by the Land Use Bylaw. In view of this; those areas numbered 19,20,21 and 22 ## 12.4 PROPOSED NON- DEVELOPMENT OF CENTRE OF SITE: Due to the site constraints hereinbefore mentioned; the best use of this centre land is to leave it in a undeveloped state for agricultural pursuits such.as growing hay, alfalfa, potatoes, vegetables, u-pick berry operation or community garden space. A commercial green house, market garden or temporary tourist commercial establishments are also possible uses of this space. The classification of this should remain as undeveloped Urban Transitional District (UT). ## 13.0 PROPOSED RE-CLASSIFICATION AND SUBDIVISION PHASING: Land Use re-classification will be required to accommodate this proposed subdivision and development. While in this instance consideration should be given to re-classifying all the area within the proposed new lots, we understand the planning authority prefers re-classification be done concurrent with subdivision applications. In view of this we would suggest the following phases: - 13.1 PHASE 1 ... See Schedule -"A-A". This Phase consists of the creation of 5 existing developed lots and 4 new lots for development. It is the intent to allow the existing houses with private site services to continue as in the past; that is with private water and pump out septic tanks until such time substantial improvements are made to these properties.. In addition; Phase 1 will create 5 new lots for development. These lots fall in areas where houses once existed but have been demolished over the years. These properties are to be developed and serviced in accordance with terms of this study. ....11 ## 13.1A PHASE 1 RE-CLASSIFICATION: All areas within Phase 1 as shown on Schedule - "A-A" are to be re-classified from AT (Urban Transitional) to SCR (Suburb Community Residential District) concurrent with the subdivision application and approval of Phase 1. ## 13.2 PHASE 2 SUBDIVISION and RE-CLASSIFICATION; (See Schedule-"A-A") With the exception of an unoccupied house on Lot 12 these lands are vacant. · The subdivision, re-classification and development of this Phase will take place as the market for lots dictates. The best classification for this Phase will be SCR (Suburb Community Residential District). No schedule for this subdivision is available at this time. ## 13.3 PHASE 3 SUBDIVISION and RE-CLASSIFICATION: (See Schedule-"A-A") The purpose of this Phase is to identify land available to adjacent owners with substandard properties. Application of subdivision, consolidation and re-classification with adjacent properties will take place when an agreement is reached between owners. ## 14.0 PROPOSED DEVELOPMENT CONDITIONS: The following development conditions should apply and be registered by Caveat on all new titles created including the residual lands: ## 14.1 WATER All new lots created that are not already developed including new substantial re-development of an existing house; be subject to connecting into the municipal water supply as a condition of development. ## 14.2 SEWAGE All new lots created that are not already developed including new substantial re-development of an existing house be subject to connecting into the municipal sanitary sewage system if it exists. If a municipal sanitary sewage does not exist the lots shall be developed with a private sewage systems in accordance with this report and the Alberta Alberta Private Sewage Disposal Systems Regulations. ## 14.3 FLOOD PROTECTION - a) concrete foundations only. All new lots created that are not already developed be subject to: - b) no foundation openings and the top of attached garage concrete walls be constructed below the elevation of 680.75 metres; geodetic datum. - c) concrete foundation to be water proofed to 680.75 metres; geodetic datum. ## 14.4 FLOOD PROTECTION: All new lots created including the central undeveloped area be subject to a Caveat registered on title saving the Town of Drumheller harmless from any loss or damage to the property or improvement thereon caused by flooding. ## 15.0 SUMMARY This proposed use is compatible with the surrounding uses in this vicinity and will assist in making the east side of Mabbott Road more attractive locally and for tourists. With the proper suggested building controls which will in turn dictate desirable site development will minimize if not eliminate the hazards posed by potential flooding; similar to other modern house construction in Aerial. Until such time a municipal sewer systems is installed the existing houses will have to be satisfied with dealing with this issue in the same manner as the other residents of Aerial; that is a pump out septic tank with waste hauled to the Drumheller Sewage Treatment Plan. The development and servicing of all new vacant lots will be subject to the provisions of this study. Due to the high cost of placing adequate fill in the centre of this parcel to overcome the flood plain; it is best left in its natural state with continued agricultural pursuits and possible temporary tourist commercial establishments. Access has been shown and restricted to Pinter Road. In view of our findings and this review; we believe this is the best economical and long term use of this property.  Respectfully submitted for consideration: cabbel Wm.R. Hunter Alberta and Canada Land Surveyor           ## LAND TITLE CERTIFICATE S LINC 0022 763 478 0022 763 486 SHORT LEGAL 4; 19;28; 28; SW 4;19;28; 28; SE LEGAL DESCRIPTION ## FIRST MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28 AND TO THE SOUTH OF THE EXTRA LAND ON SAID PLAN RW171 CONTAINING 4.98 HECTARES (12.3 ACRES) MORE OR LESS THAT PORTION OF THE SOUTH WEST QUARTER WHICH LIES TO THE EAST OF THE ROADWAY ON PLANS 4083BM AND 419EZ IO THE WEST OF THE RAILWAY AND BLOCK 5 ON PLANS RW171 AND ROSEDALE 5781DR RESPECTIVELY HECTARE (MORE ORLESS) ACRE EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME ## SECOND MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28· THAT PORTION OF THE SOUTH EAST QUARTER WHICH LIES TO THE EAST OF THE ROADWAY ON PLANS 4083BM AND 419EZ TO THE WEST OF THE RAILWAY AND BLOCK 5 ON PLANS RW171 AND ROSEDALE 5781DR RESPECTIVELY AND TO THE SOUTH OF THE EXTRA LAND ON SAID PLAN RW171 CONTAINING 8.13 HECTARES (20.09 ACRES) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT IO WORK THE SAME ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 160I231 ( CONTINUED)  TITLE NUMBER 981 319 853  S ## LAND TITLE CERTIFICATE LINC 0019 058 700 SHORT LEGAL 5781DR; 5 LEGAL DESCRIPTION PLAN 5781DR BLOCK 5 EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME ESTATE: FEE SIMPLE ATS REFERENCE: 4; 19;28; 28;5 MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 971 297 075 REGISTRATION REGISTERED OWNER (S) DATE (DMY) DOCUMENT TYPE VALUE 06/10/1997 TRANSFER OF LAND $16,880 971 297 076 OWNERS MANCAL COAL INC.. STATION 'M' CALGARY ALBERTA T2P 2M7 (DATA UPDATED BY: CHANGE OF ADDRESS 991049699) (DATA UPDATED BY: CHANGE OF NAME 011207288) (DATA UPDATED BY: CHANGE OF ADDRESS 031331539) REGISTRATION NUMBER DATE (D/M/Y) ENCUMBRANCES, LIENS & INTERESTS PARTICULARS NO REGISTRATIONS (CONTINUED) TITLE NUMBER 971 297 076 CONSIDERATION $16,880