Sands Area Structure Plan Bylaw #29.08

Drumheller, Alberta

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TOWN OF DRUMHELLER BYLAW NO. 29-08 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 SANDS OF ROSEDALE, AB AREA STRUCTURE PLAN" AND WHEREAS: a Public Hearing was held on October 14, 2008 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 Sands of Rosedale, AB Area Structure Plan". 2. Council adopts the Sands of Rosedale, AB 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 29th DAY OF SEPTEMBER, 2008. READ A SECOND TIME THIS 14th DAY OF OCTOBER, 2008. READ A THIRD TIME AND PASSED THIS 14th DAY OF OCTOBER, 2008. I·- ,-- 1 \ / ) ) ) L ) [ ) ) LOC.AT~ED W]'fli'IN .-~ op· t}~ , · IE · -- '.'~ " P-~ ;m'y!i A"'n ,;tx1:"\ -~o~, . - n.p:.c.~~ .J:T -lilK ' , \ . 'E' Cl.-,,t l\..ln~ - ~- - ~ -~ .:EJ ~ ~ '~f.u~, I ·, . l[EL,O.PMEN· . . .... , -· 1.0 INTRODUCTION This Area Structure Plan has been prepared to provide a future planning direction to lands located across the Red Deer River from the community of Rosedale in the Town of Drumheller. These lands are herein referred to as "The Sands of Rosedale, Alberta". The lands have not, in the past, been considered for a comprehensive residential development, primarily due to it having been an active sand and gravel operation. This Plan is intended to address ownership, floodplain, multiple land uses and to provide planning direction and guidelines that will result in an orderly growth on a phased basis to the areas. 1.1 Purpose The purpose of this Plan is to provide future planning direction for lands which are located north of Rosed.ale and the Red Deer River and up to the escarpment condition. A portion of the development on the east side includes a plateau condition. There are several different land owners within the subject property. The plans objective is to provide overall direction for all parties both initially and as relates to long range objectives and phasing of development. This phasing will be tied to marketing and the long term objectives of the prime landowner. 2.0 STUDY AREA 2.1 Site Location The area is outlined on the air photo below (Drawing one -"The Sands" of Rosedale - Location Plan) 2.2. Ownership The following table lists landowners and their respective holdings. Dale and Suzanne Sands own the majority of the lands in the study area. (See table one and Figure 2) Table One - Land Ownership Parcel Land Owner Legal Total Area in Ha+/- and Acres+/- 4. Dale and Suzanne Sands 5. Pauline Doe! Lot 3 6. Janice Hardy Lot4 Note: Parcels I, 2 & 3 are located west and north of the existing 30-m wide through road. 4 Gus & June Mattheis CPR R.O.W. 7. Dale and Suzanne Sands Total. ..................................... ................... ...................... .... . 87.3-HA (215 .. 9-Acres) 2.3. Site Constraints The site contains several distinct areas which are defined by natural constraints. To the south of the site lies the Red Deer River which clearly defines the developments limits. River banks further define limits of development. To the east of north/south existing the road within Phase 6 of "The Sands" is a flood plain condition which has been identified as park reserve. The C.P.R. R.O.W. (now abandoned), has provided an additional constraint due to 3 separate ownerships, (other then the Sands). These ownerships and how they have been incorporated into the overall design are defined within this document. Escarpment conditions to the north clearly provide a barrier to development and have been addressed in the overall design. A plateau condition under the Sands ownership exists in the S.E. portion of the site. This plateau offers both a constraint via surrounding slopes and an opportunity for development based on its flat plateau. 2.4. Soil Conditions The site is underlain by the Edmonton Formation of Upper Cretaceous Geological Period. This formation consists mainly of stratified deposits of fine-grained sand stones silt stones and mudstones. Coal seams may also be present. Local experience indicates that the upper layers of rock tend to be rotten and provide few problems for excavation. Very little bentonite is normally found in the sandy surface soils. However, basements may extend into bentonite soils, therefore, weeping tile and good surface drainage need to be considered at the construction stage. 2.5. Slope Stability Prior to construction of any residential development which follows the toe of any of the escarpment conditions or the top of a bank for the plateau (upper) condition, a preliminary slope stability assessment should be conducted. A danger of slumping is not anticipated based on other Drumheller subdivisions with similar hill formation conditions. Not withstanding it is recommended that all buildings be setback a minimum of 22.8-meters from the edge of the escarpment in the upper plateau area (As per L.U.B.). It is recommended that this area is maintained as an easement in favour of the Town of Drumheller to allow access and maintenance. This strip should not be developed with trees or fences, but may include roads, parking lots and landscaped with grass, shrubs and flower beds. Native grass should be maintained along the edge of escarpments; therefore extra care must be exercised at the construction stage. At the toe of all slope conditions west of the existing north south through road, it is recommended that a 22.8-meters wide easement to backs of lots be provided to intercept drainage from the escarpment condition (as per L.U.B.). This drainage easement should be developed with a drainage swale which will be maintained by the Town of Drumheller. At the subdivision application stage, it is recommended that a Geotechnical study be conducted by a qualified professional engineering consultant to confirm the stability of the slopes and the appropriate setback with regard to each specific phase of development. (NOTE: This investigation should be conducted in concert with the Storm Water Management study.) 3.0 DEVELOPMENT CONCEPT 3.1 Plan Objectives The principal objectives of this plan are: A) To develop a plan to guide future development of this area. B) To establish appropriate development guidelines for this area. C) To establish a servicing concept for the area. 3 .2 Development Concept The development concept for this site establishes several enclaves of residential uses. It is anticipated that housing mixes will range from conventional single family homes to town housing to apartments and to a significant area of villas designed specifically for families with large RV. motor homes and fifth wheels. The first area of development lies west of the north/south road allowance, north of the Red Deer River and south of the escarpment. A) R.V. Villa Lots - These lots are duplex lots with homes designed to accept the large R.V. motor homes or fifth wheels in a separate attached garage The area would be developed in three distinct phases, creating a total of 87 lots or 174 1/2 duplex units. Interspersed with these villa lots will be a number of lots and areas for guest parking for visitors with large R.V. units. The area is defined by a median divided entrance road affording a privacy and exclusive feel to this neighborhood. Several open space crossings to the River have been established to aid in storm water management related to the drainage swale proposed at the toe of the escarpment. There are three existing areas (ponds), that hold or held water from runoff. Two of these areas have been filled with the third being filled at time of writing. Depending on compaction these areas will be used for R.V. storage and or villas if engineering (Geotechnical) investigation at time of construction prove the sites viable for villa development. hnmediately north of the median divided access road is a significant open space feature which adds to the park feel upon entry. It also recognizes the old C.P .R. R.O.W. a portion of which contains two existing homes which have been designed into the subdivision. The R. V. villa lots are located in phases 1, 2 and 3. B) Apartments - are located in three separate areas. Phases 4 and 5 are on opposite sides of the bridge crossing of the Red Deer River and function as the "Gateway" to the Sands of Rosedale Development. These apartments are noted as phases 4 and 5. C) Single Family Residential - located on the east side of the north/south through road and extending from the Red Deer River, north to the escarpment and abandoned CPR rail R.O.W. These lots average 18-m x 36-m (59' x 118') and are shown as 68 lots within phase 6. There are three points of access egress to phase 6 with the southerly access also serving the apartment site. A central island park and a significant park along the river (flood plain), compliment this residential community. D) Bed and Breakfast Acreage - This site shown as a linear acreage north of the river and east of phase 6 is a remnant of the abandoned CPR rail R.O.W. owned by Gus and June Mattheis. This site will ultimately form part of a "land trade" with the Sands property. The Mattheis property extends west to the north/south through road. A significant entrance has been shown into the acreage lot. E) Plateau Mixed Residential - Located at the east side of "The Sands" and north of the escarpment. This cluster enclave contains 3 apartment sites and 4 separate town house complex's. A central ring road with a park and pond feature add to the uniqueness of this site and its panoramic views. A Geotechnical investigation at time of subdivision will determine exact setback requirements from slope conditions. F) Single Family Residential - Lots are located in phase 8 along the existing north/south through road and contain +/-18-lots. These lots are average 18-m x 36- m (59' x 118') and may vary in size based on market conditions at time of construction. G) Single Family Residential - Phase 9 located on the north side of the north/south through road is a single family elongated cul-de-sac containing 32 lots. This would likely be the last phase of development. hnmediately adjacent to this phase (east), are a grouping of existing structures which were part of the gravel mining operation. These buildings will remain in place, but may in the distant future be removed. A dashed cluster grouping shows how an urban overlay could happen on this site. NOTE: As identified in Section 2.4 - "Slope Stability", a Geotechnical investigation will be required along with the subdivision application for any portion of the above described development concept to insure the site is suitable. 3.2.1 Plan Statistics The following table shows the statistics as relates to all 9 phases of The Sands of Rosedale Development. All acreages, road lengths and lot parcel sizes are approximate only and subject to clarification by survey at time of subdivision development. STATISTICS Acres(±) Hectares(±) GROSSAREA 215.9 87.3 Less Environmental Reserve (ER) 86.6 35.0 NET AREA 129.3 52.3 RV Villas Site (R2) 27.9 11.3 Residential (Rl) 21.9 8.9 Apartments (R4) 11.5 4.7 Town Houses (R4) 10.2 4.1 ROADS - RV Villas Site 11.7 4.7 - Local 8.0 3.2 - Existing North/South Road 9.4 3.8 Municipal Reserve (MR) 20.6 8.3 Possible Future Development 8.1 3.4 Total Area 129.3 52.3 Total No. Single Family Lots ..... ... .. ... ..... ...... ............ ... ........ .. 118 Total No. Duplex Villa Lots ................. ..... ...... ....... ......... .. .. 87 or 174 units Total No. Town House Units .................... .......................... ..... .41 Total No. Apartment Blocks .................... ... ......... ...... ... .......... ... 5 Total No. Apartment Units, based on+/- 50 Units per Block ... ..... ..... .250 Total No. Units 588 4.0 SERVICING The Study Area will be connected to the Rosedale Community existing servicing lines which are located immediately south of the Red Deer River. This servicing lines will be suspended (sewer and water), under the bridge in utilidors, (in accordance with Alberta Environment). The design of the above mentioned will be done as requirement with Alberta Environment. 4.1 Road Network The Sands of Rosedale subdivision has been designed to accommodate 9 distinct phases of development. The phases have varying access needs based on the type of residential to be provided. To the west of the north/south through road lie the villas specifically intended for R.V. oriented residents. All internal roads will be built as 11.5-meter roadways with curb and gutter within a 19-meter R.O.W. These roads will allow the passage of two large R.V. motor homes and still accommodate parking on one side. All other roads to the west and north will be accommodating conventional single family residential, town houses or apartment structures. These residential roads will be 9-m paved surfaces with curb and gutter within a 15-meter wide R.O.W., As development proceeds detailed engineering design to construction will dictate the need to limit or restrict on street parking. On both sides of the north/south through road, divided median entrance points have been shown .. These feature access points are based on 30-meter wide R.O.W.'s. From the edge of the R.O.W. on both sides will be a 4-meter setback, a 6.5-meter lane and a 9-meter planted median strip down the middle. 4.2. Utility Servicing 4.2.1. Sanitary Sewer Sanitary from this area will flow from some of the phases via gravity to a force main and lift station, hence across the bridge to tie into Rosedale's existing services. This approach will require the construction of a utilidor winterized and heat taped line under the bridge up against the bridge apron and protected by the side girders from spring ice flows. This approach will have to be engineered to the satisfaction of the approving agencies. 4.2.2. Water Water provision to the site presents the same engineering issues in crossing the Red Deer River. The same utilidor approach will be used to resolve this issue. To ensure adequate water is available for fire protection, lines will be looped with some areas of higher density envisioned, it is recommended that fire hydrants be installed at 150-m spacing. Buildings (apartments), shall be restricted to a maximum 3-storey height to eliminate the need for separate booster pumps for fire flows. Water services will be designed in detail at time of development to the satisfaction of the approving agencies. 4.2.3. Storm Water Management As identified in 2.4 - "Slope Stability" which relates to the toe and the top of slope set back requirements, as well as increase in run-off and Storm Water drainage from impermeable surfaces (i.e. roadways, driveways and structures), the following is recommended. A Storm Water Management study shall be undertaken by a professional Storm Water Management consultant. Generally post-development flow rates off of the site are not to be higher then pre- development flow rates ( as contained in the "Storm Water Management Guidelines for the Province of Alberta, 1999"). 4.2.4. Shallow Utilities All shallow utilities are to be located underground. These are to be installed by the various franchise companies and will be co-coordinated through a service agreement. These companies will need to investigation site soils conditions such as rock excavation. 5.0 IMPLEMENTATION 5.1 Land Use Classification The majority of the subject property is currently classified "A" (Agricultural for the most part) in the Town of Drumheller land use by-law, which also includes the cluster grouping of buildings east of phase 9. These structures are zoned "A" District. All of the buildings are related to the former sand and gravel operation conducted on these lands. The 2 existing lots Hardy and Doel located on the abandoned Rail R.O.W (in part), are zoned "CR" or, Country Residential District. The Land Use By-law requires an Area Structure Plan to be prepared prior to the site, being reclassified to a more appropriate land use district (s). Since there have not been any previous planning documents prepared for this site this document has been created in sufficient detail to analyze the various land uses and locations. Therefore the mix of single family, R.V. Villas, Town Housing and Apartment Sites related to an economic overview of servicing opportunities and constraints make this concept valid at this time. It is recommended in order to facilitate this development, that the following land use districts be applied: Phases 6, 8 and 9 are all RI-single family residential district. This would include the proposed bed and breakfast home occupation site. Phases 1, 2 and 3 are ~11 R2-Duplex lots which will accommodate the proposed unique R.V. Villa lots. Phases 4, 5 and 7 are all R4-Multiple Family Districts and allow for the 5 proposed 3 story walk-up apartment structures, as well as the 5 cluster Town Housing groups on the upper plateau. It is also recommended that the site containing the buildings which were part of the previous sand and gravel operation be left in its current classification of "A" (Agricultural). These structures would then become a "legal non-conforming use", which would be terminated to prior residential development in this area. 5.2 Municipal Reserve In concert with this proposed subdivision the undeveloped hillsides or escarpment lands should be taken as reserve. If the lands are such that they can never be developed and will likely be left in their natural state. These lands should be considered as environmental reserve. Top plateau areas would be left for future urban development. Given the magnitude of the development consideration has been given to the provision of Municipal Reserves. Within the R.V. Villa Development a 20-m (66') strip along the toe of the escarpment can function as Municipal Reserve, and a drainage course. In addition a significant park area has been designed upon entry to the R.V. Villas site. Two park areas of note are located in Phase 6 with an extensive park adjacent to the Red Deer River and a central "island" park within the subdivision. A central island park is also located on the upper plateau in Phase 7. Depending on Geotechnical conditions this park would also provide a pond amenity. 5.3 Trail Connections Phases 1, 2 and 3 provide for the creation of an interconnected trail system. This system can be developed with a shale trail pathway system for the enjoyment of the local residents. Green connections are also shown north to south in several locations. These connections can function as cross-drainage areas as well as for pedestrian movement. Phase 6 also boasts a significant trail system which will pick up on the views from the Red Deer River. 5.4 Phasing Development of the Sands of Rosedale will be undertaken on a sequential basis beginning from the west (villas), hence east to the residential and north to the plateau's mixed use multiple family development. As previously noted it is recommended that no buildings be constructed over three stories in height. Parking requirements need to be carefully considered at time of development. On-street parking (one-side) has been considered and applies to all areas. Adequate parking for owners, tenants and visitors must be considered. It is recommended that the following standards be considered for the Sands of Rosedale at the time of subdivision approval and construction. Apartments: 1 stall per dwelling unit, plus one stall per 4 units for visitor parking. Town Houses: 2 stalls per dwelling unit plus one stall per 5 units for visitor parking. Duplexes: 2 stalls per dwelling unit Single Family House: 2 stalls per dwelling unit. Portions of this property provide for some panoramic views of the River Valley and surrounding hill formations. Coupled with the fact that unique housing forms such as the villa, town houses and apartments are being proposed, then the developer proposes upscale or provide high quality developments throughout the Sands of Rosedale. 5. 5 Development Guidlines The Sands of Rosedale are currently owned by several separate parties. The greatest portion of lands within the site are wholly owned by Dale and Suzanne Sands. A portion of the abandoned CPR rail R.O.W., has been purchased by Gus and June Mattheis of Hanna, Alberta. This land will ultimately be designed out to the configuration shown on this A.S.P. Concept Plan. This entails a land swap which would occur at time of construction. Immediately west of the main north/south through road are two existing single family lots owned by Hardy and Doel respectfully. These lots have been recently consolidated by the ~ Town of Drumheller to increase the rear yards of the lots. Again care has been given to acknowledge their existence and to incorporate them into the concept plan. The Sands have their existing homestead within this area plus one or two other existing homes. These have been designed out through the concept development and structures will be moved or raised at time of subdivision and their lots consolidated into the development. All land exchanges will not form part of this Area Structure Plan and will have to be negotiated with the Town and the various land owners at time of Subdivision. NOTE: To date discussion have occurred between the Town of Drumheller, owners of the abandoned rail line and the recent owners of the easterly portion of the abandoned railway as relates to servicing and a land exchange. This ASP will as part of the approval processing have a public participation program undertaken. This will insure resolution of concerns of all parties prior to subdivision application. : .f-<;rudent Idaho .9 ·e served as(~ \ ,i associa- : ___ _ ·ntand 'low- - -\#,:if-W ; l , . .-, .. - v.1. - . . ~ .. ~..::. :.~~;~-~~ · : . - -- ~ .. :..,.: .. :~lf.-r. ~· 7~ J! .. :. ·:-·"·. ·.f -~:,5i':-"~ . . .'.I· . . . - ·.-r,,: ·- .:; ... - '. . ..... ·t_ ... ... _ . ·LIVE THE FLORIDA DREAM 'in "Our . - : ' ..... ',: . .. '- ~ .... .,. ,. . -. · -. - .· .. J ·. - - custom RV resort home: At The Grcaf O~d?drs, w~ ofter -. resort hQme. ijvi,og with ·me added bonus o(havin,g your . . R~ parked ui:ider_co\let ~ht cn.itside yo~ c!.qdr.' Allthis on.·;. F!01idac's·beautiful-Sp~ e Coast! Our g-ated·comnmriity-has a variety of ai~eni°pe!i ~d .i,~ti\~tics ~or yoi,i to ~e>y: Rela..._ . by oi.ir sp-arklingpools otrake a swfo.g-on our rn~hok .. ·." : -- ' -~- .,- I : . - . - - . I champiqq~µipJlG4- g9lf <.0µrse. Tt's all:q~re for you! STAY A N'IGHT~ .. OR A LIFETIME! - - ' . . - . ~ ': ;- . : .. ) AERIAL PHOTO LOCATION PLAN DRAWING No.I ....___ Legend SCHEDULE A TOWN OF DRUMHELLER LAND USE DISTRICTS Map No. 2 A AGRICULTURAL DISTRICT C-1 LOCAL COMMERCIAL DISTRICT '0-8~ CENTRAL COMMERCIAL DISTRICT CJ'! COUNTRY RESIDENTIAL DISTRICT D-C DIRECT CONTROL DISTRICT D-T DOWNTOWN TRANSITION DISTRICT HWY-0 HIGHWAY COMMERCIAL DISTRICT M-1 LIGHT INDUSTRIAL DISTRICT M-2 MEDIUM INDUSTRIAL DISTRICT RESTRICTED INDUSTRIAL DISTRICT MHP MANUFACTURED HOME PARK RESIDENTIAL DISTRICT - MANUFACTURED HOME DISTRICT P COMMUNITY SERVICE DISTRICT R- 1 RESIDENTIAL DISTRICT R,t e RESIDENTIAL DISTRICT R,2 RESIDENTIAL DISTRICT R-3 RESIDENTIAL DISTRICT · 1 RESIDENTIAL DISTRICT EXISTING LAND USE PLAN RE-1; RIVER EDGE ESTATES RESIDENTIAL DISTRICT SCR SUSURB COMMUNITY RESIDENTIAL DISTRICT UT URBAN TRANSITIONAL DISTRICT DRAWING No.3 N 7' SEC.29-28-1 9-4 - TH£ SANDS .. OF /<CSE.DAL£. WJ,1./IN ,He TOWIJ OF O~VMI-IELLGI<. A C0/'1P/i?E/-IE:h,/,5/VE ;eES/~A.I.... OE.VE:l.OPl'-'cJ>JT N E.1 / d. SEC.29-28-' 9-- ~ 17 CONCEPT PLAN ... I CT, I ac r,, I ac N C u.: LC n J DA~ F GC.fflf . NO\TS Arvi:ifCN ~e: Sln,-:.\utll Pfce ... l. THE SANOS OF ROSEDALE, AB DALE & SUZANNE SANDS BOX810 ROSEDALE.ALBERTA PAL DEVELOPMENT LTD. - TH£ SANDS. OF /<0Sc.DAL£ wrr/-ltN TH~ TOWNOFQKUMI-IEl.l.liil<. A C0/'1Plf!!E:J.IEM:51VE IZES(~AL. DEYELOPl'-t'£NT N E.1/4 SEC.29-28- '. 9-4 PROPOSED LAND USE PLAN .,,. E.R . 5.w 1 '4 s£c 2e-:e--9 -.d "' I Cl I cc ('/ I 00 (",/ c..: "' \I' t.,_ V: NOlD R~VSIC.'- Area St.ti.ct~,- Pia~ -2 THE SANDS OF ROSEDALE, AB WIT CNGUlll.aJflUI LTD. 0~ - U - .lt.1'- - YEN;.,t. 5 .., c,,.i_....,..,._ .._. :"2P .:tU _. z- - - ..oD6 _._ l-- ~ - C ,r ,... l DALE & SUZANNE SANDS BOX 810 ROSEDALE, ALBERTA PAL DEVELOPMENT LTD. ~ ~ llliilll - -- ---- ---- -- DALE AND SUZANNE SANDS 0 GUS AND LINDA MATTHEIS DOEL AND HARDY -- -------.-.------ --- - MUNICIPAL ROADS STUDY BOUNDARY " . . . r , ' .. , .. , . . - .. . ..... .,. THE SANDS LAND OWNERSHIP AND STUDY AREA DRAWING No.2 LAND TITLE CERTIFICATE s LINC 0022 251 193 SHORT LEGAL 4;19;28;29;NE LEGAL DESCRIPTION MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 29 THAT PORTION OF THE NORTH EAST QUARTER WHICH LIES TO THE NORTH EAST OF THE RED DEER RIVER AS SHOWN ON THE TOWNSHIP PLAN DATED 3 MARCH 1905 CONTAINING 22.1 HECTARES (54.5 ACRES) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REGISTERED OWNER(S) REGISTRATION DATE(DMY) DOCUMENT TYPE VALUE 881 112 526 OWNERS 05/07/1988 DALE EDWARD SANDS (BUSINESSMAN) AND SUZANNE LUCILLE SANDS BOTH OF: P.O. BOX 810 ROSEDALE ALBERTA TOJ 2VO AS JOINT TENANTS (CONTINUED) TITLE NUMBER 881 112 526 CONSIDERATION SEE INSTRUMENT ENCUMBRANCES, LIENS & INTERESTS PAGE 2 REGISTRATION # B81 112 ~26 NUMBER DATE (D/M/Y) PARTICULARS 761 001 862 08/01/1976 UTILITY RIGHT OF WAY GRANTEE - BIG COUNTRY GAS CO-OP LTD .. TOTAL INSTRUMENTS: 001 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 200B AT 04:09 P.M. ORDER NUMBER:11277074 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT($). s LINC 0022 247 787 LAND TITLE CERTIFICATE SHORT LEGAL 4;19;28;28;NW LEGAL DESCRIPTION MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28 ALL THAT PORTION OF THE NORTH WEST QUARTER THAT LIES NORTH OF THE RAILWAY AND EXTRA RIGHT OF WAY ON PLAN RW334 AND TO THE SOUTH AND EAST OF ROAD PLAN 6557JK CONTAINING 21.416 HECTARES (53.4 ACRES) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 981 234 282 +3 REGISTERED OWNER(S) REGISTRATION DATE(DMY) DOCUMENT TYPE VALUE 001 286 547 OWNERS 06/10/2000 TRANSFER OF LAND DALE SANDS AND SUZANNE SANDS BOTH OF: BOX 810 ROSEDALE ALBERTA T0J 2V0 AS JOINT TENANTS (CONTINUED) TITLE NUMBER 001 286 547 +3 CONSIDERATION SEE INSTRUMENT ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER 761 001 862 771 080 199 DATE (D/M/Y) 08/01/1976 20/06/1977 PAGE 2 # 001 286 547 +3 PARTICULARS UTILITY RIGHT OF WAY GRANTEE - BIG COUNTRY GAS CO-OP LTD .. CAVEAT CAVEATOR - THE CALGARY REGIONAL PLANNING COMMISSION. AFFECTED LAND: 4;19;28;28;NW DEFERRED RESERVE CAVEAT 891 053 092 29/03/1989 CAVEAT TOTAL INSTRUMENTS: 003 RE : SURFACE LEASE CAVEATOR - EOG RESOURCES CANADA INC .. 1300, 700-9TH AVENUE SW CALGARY ALBERTA T2P3V4 AGENT - SEAL. (DATA UPDATED BY: TRANSFER OF CAVEAT 9410:1,8154) (DATA UPDATED BY: CHANGE OF NAME 021434368) (DATA UPDATED BY: TRANSFER OF CAVEAT 041067333) THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 03:54 P.M. ORDER NUMBER:11276783 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR (CONTINUED) PAGE 3 OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). s LINC 0012 152 154 0026 497 990 LEGAL DESCRIPTION FIRST LAND TITLE CERTIFICATE SHORT LEGAL 4;19;28;28;NW 4;19;28;28;SW THOSE PORTIONS OF THE NORTH WEST QUARTER OF SECTION 28 IN TOWNSHIP 28 RANGE 19 WEST OF THE 4TH MERIDIAN WHICH LIE TO THE NORTH OF THE RED DEER RIVER AS SHOWN ON THE TOWNSHIP PLAN APPROVED AT OTTAWA 3 MARCH, 1905 CONTAINING 64.5 HECTARES (159.5 ACRES) MORE OR LESS EXCEPTING THEREOUT: (A) PLAN NUMBER HECTARES ACRES RAILWAY & EXTRA RIGHT OF WAY R.W. 334 2.87 7.10 ROADWAY 6557 J. K. 2. 996 7. 41 TITLE NUMBER 001 286 547 +6 (B) ALL THAT PORTION OF THE NORTH WEST QUARTER OF SAID SECTION 28 THAT LIES NORTH OF THE RAILWAY AND EXTRA RIGHT OF WAY ON PLAN R.W. 3~4, AND THE SOUTH AND EAST OF ROAD 6557 J.K. , CONTAINING 21.56 HECTARES (53.4 ACRES) MORE OR LESS C) SUBDIVISION PLAN 8911896 CONTAINING 0.775 HECTARES (1.92 ACRES) MORE OR LES s EXCEPTING THEREOUT ALL MINES AND MINERALS SECOND THAT PORTION OF THE SOUTH WEST QUARTER OF SECTION 28 IN TOWNSHIP 28 RANGE 19 WEST OF THE 4TH MERIDIAN WHICH LIE TO THE NORTH OF THE RED DEER RIVER AS SHOWN ON THE TOWNSHIP PLAN APPROVED AT OTTAWA 3 MARCH, 1905 CONTAINING 4 . 77 HECTARES (11.8 ACRES) MORE OR LESS EXCEPTING THEREOUT: PLAN NUMBER RAILWAY & EXTRA RIGHT OF WAY R.W. 334 ROADWAY 6557 J.K. HECTARES 0.101 4.281 (CONTINUED) ACRES 0.252 1.57 ROAD 9512092 0.098 EXCEPTING THEREOUT ALL MINES AND MINERALS ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 981 234 282 +6 REGISTERED OWNER(S) 0.24 REGISTRATION DATE(DMY) DOCUMENT TYPE VALUE 001 286 547 OWNERS DALE SANDS AND SUZANNE SANDS BOTH OF: BOX 810 ROSEDALE 06/10/2000 TRANSFER OF LAND ALBERTA T0J 2V0 AS JOINT TENANTS REGISTRATION NUMBER 761 001 862 ENCUMBRANCES, LIENS & INTERESTS DATE (D/M/Y) PARTICULARS 08/01/1976 UTILITY RIGHT OF WAY PAGE 2 # 001 286 547 +6 CONSIDERATION SEE INSTRUMENT GRANTEE - BIG COUNTRY GAS CO-OP LTD .. 891 263 162 12/12/1989 CAVEAT RE: DEFERRED RESERVE CAVEATOR - PALLISER REGIONAL PLANNING COMMISSION. POST OFFICE DRAWER 1900 HANNA ALBERTA (CONTINUED) REGISTRATION NUMBER 901 197 543 941 004 471 941 298 858 991 343 534 001 240 090 ENCUMBRANCES, LIENS & INTERESTS PAGE 3 # 001 286 547 +6 DATE (D/M/Y) PARTICULARS 30/07/1990 CAVEAT RE: RIGHT OF WAY AGREEMENT CAVEATOR - EOG RESOURCES CANADA INC .. ATTN: LAND DEPARTMENT 1300, 700-9 AVENUE SW CALGARY ALBERTA T2P3V4 AGENT - SEAL. AFFECTED LAND: (DATA UPDATED 941018154) (DATA UPDATED (DATA UPDATED 041068042) 07/01/1994 CAVEAT 4;19;28;28;NW BY: TRANSFER OF CAVEAT BY: CHANGE OF NAME 021434377) BY: TRANSFER OF CAVEAT RE: RIGHT OF WAY AGREEMENT CAVEATOR - ALBERTA POWER LIMITED. 1003~ 105 STREET, EDMONTON ALBERTA AGENT - SANDRA MITCHELL AFFECTED LAND: 4;19;28;28;SW 21/11/1994 CAVEAT RE: UTILITY RIGHT OF WAY CAVEATOR - ALBERTA POWER LIMITED. · 10035 105 STREET, EDMONTON ALBERTA AGENT - LORRIE SAWCHUK 23/11/1999 CAVEAT RE: RIGHT OF WAY AGREEMENT CAVEATOR - ATCO ELECTRIC LTD .. 10035-105 STREET EDMONTON ALBERTA T5J2V6 AGENT - MURRAY BANDURA AFFECTED LAND: 4;19;28;28;NW 25/08/2000 CAVEAT RE: RIGHT OF WAY AGREEMENT CAVEATOR - ATCO ELECTRIC LTD .. 10035-105 STREET EDMONTON ALBERTA T5J2V6 AGENT - MURRAY BANDURA (CONTINUED) ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) TOTAL INSTRUMENTS: 007 PARTICULARS AFFECTED LAND: 4;19;28;28;SW THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 03:54 P.M. ORDER NUMBER:11276783 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* PAGE 4 # 001 286 547 +6 THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). l . ..c, s LINC 0022 248 785 LEGAL DESCRIPTION LAND TITLE CERTIFICATE SHORT LEGAL 4;19;28;29;NE MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 29 THAT PORTION OF THE NORTH EAST QUARTER WHICH LIES SOUTH AND WEST OF THE RED DEER RIVER TITLE NUMBER 891 031 434 AS SHOWN ON A TOWNSHIP PLAN DATED ON THE 3RD DAY OF MARCH 1905 CONTAINING 28.3 HECTARES (69.90 ACRES) MORE OR LESS EXCEPTING THEREOUT FIRSTLY: THAT PORTION DESCRIBED IN TRANSFER REGISTERED AS 6519JB AND CERTIFICATE OF TITLE 137 U 236 CONTAINING 14.06 HECTARES (34.74 ACRES) MORE OR LESS SECONDLY: PLAN NUMBER HECTARES (ACRES) MORE OR LESS RAILWAY RIGHT OF WAY RW 25 ROAD 8411133 EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER 1.56 (3.85) 1.68 (4.15) REGISTERED OWNER(S) REGISTRATION DATE(DMY) DOCUMENT TYPE VALUE 891 031 434 OWNERS 22/02/1989 CLAYTON SCHROCK TRUCKING LTD .. OF P.O. BOX 1974 DRUMHELLER ALBERTA TOJ OYO (CONTINUED) CONSIDERATION $30,000 ENCUMBRANCES, LIENS & INTERESTS PAGE 2 REGISTRATION # 891 031 434 NUMBER DATE (D/M/Y) PARTICULARS 5553KY 20/05/1971 UTILITY RIGHT OF WAY GRANTEE - PLAINS WESTERN GAS & ELECTRIC CO LTD. "20 FT STRIP NORTH OF RW 25" TOTAL INSTRUMENTS: 001 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION QF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 04:09 P.M . ORDER NUMBER : 11277074 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). I - ' s LINC 0022 790 695 LAND TITLE CERTIFICATE SHORT LEGAL 4;19;28;28;;7,5,6 LEGAL DESCRIPTION MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28 THOSE PORTIONS OF LEGAL SUBDIVISIONS 5, 6 AND 7 IN THE SOUTH HALF WHICH LIES WITHIN TWO ISLANDS IN THE RED DEER RIVER AS SHOWN ON THE TOWNSHIP PLAN APPROVED AT OTTAWA 3 MARCH 1905 CONTAINING 7.203 HECTARES (17.80 ACRES) MORE OR LESS EXCEPTING THEREOUT THE SUBDIVISION ON PLAN 8311108 EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REGISTRATION 831 035 383 OWNERS REGISTERED OWNER(S) DATE(DMY) DOCUMENT TYPE VALUE 28/02/1983 HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA TITLE NUMBER 831 035 383 CONSIDERATION AS REPRESENTED BY THE ASSOCIATE MINISTER OF PUBLIC LANDS AND WILDLIFE OF PETROLEUM PLAZA, SOUTH TOWER, 9915-108 ST EDMONTON ALBERTA T5K 2C9 ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) PARTICULARS (CONTINUED) ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) PARTICULARS NO REGISTRATIONS TOTAL INSTRUMENTS: 000 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 03:54 P.M. ORDER NUMBER:11276783 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* PAGE 2 # 831 035 383 THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). ' s LINC 0026 942 946 LEGAL DESCRIPTION LAND TITLE CERTIFICATE SHORT LEGAL 4;19;28;28;SE MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28 THAT PORTION OF SOUTH EAST QUARTER WHICH LIES NORTHEAST OF THE LEFT BANK OF THE RED DEER RIVER AS SHOWN ON THE TOWNSHIP PLAN APPROVED AT OTTAWA 3 MARCH 1905 CONTAINING 37.6 HECTARES (92.9 ACRES) MORE OR LESS EXCEPTING THEREOUT: TITLE NUMBER 971 000 163 PLAN NUMBER HECTARES (ACRES) MORE OR LESS RAILWAY RW334 2.51 6.20 EXTRA R/W RW334 1.24 3.07 PUBLIC WORK 9710002 9.94 24.56 EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 961 121 294 REGISTRATION 971 000 163 OWNERS REGISTERED OWNER(S) DATE(DMY) DOCUMENT TYPE VALUE 02/01/1997 PUBLIC WORKS PLAN HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA AS REPRESENTED BY THE MINISTER OF ENVIRONMENTAL PROTECTION OF C/0 9915-108 ST EDMONTON ALBERTA T5K 2G8 (CONTINUED) CONSIDERATION ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) PARTICULARS NO REGISTRATIONS TOTAL INSTRUMENTS: 000 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 03:54 P.M. ORDER NOMBER:11276783 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* PAGE 2 # 971 000 163 THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). I \ LAND TITLE CERTIFICATE s LINC 0022 763 478 0022 763 486 LEGAL DESCRIPTION FIRST SHORT LEGAL 4;19;28;28;SW 4;19;28;28;SE MERIDIAN 4 RANGE 19 TOWNSHIP 28 SECTION 28 THAT PORTION OF THE SOUTH WEST 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 P~AN RW171 CONTAINING 4.98 HECTARES (12.3 ACRES) MORE OR LESS EXCEPTING THEREOUT: PLAN ROAD NUMBER 8610513 HECTARE (MORE ORLESS) ACRE 0.079 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 0.19 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 TO WORK THE SAME ESTATE: FEE SIMPLE MUNICIPALITY: TOWN OF DRUMHELLER REFERENCE NUMBER: 1601231 (CONTINUED) TITLE NUMBER 981 319 853 ) REGISTERED OWNER(S) REGISTRATION DATE(DMY) DOCUMENT TYPE VALUE 981 319 853 OWNERS 15/10/1998 TRANSFER OF LAND $3,000 SANDRA J GRAHAM OF 7953 LOYOLA CRESCENT PRICE GEORGE BRITISH COLUMBIA V2N 3V3 AS TO AN UNDIVIDED 1/2 INTEREST DOREEN MANDERSON OF 17919-98A AVE EDMONTON ALBERTA T5T 3L3 AS TO AN UNDIVIDED 1/2 INTEREST ENCUMBRANCES, LIENS & INTERESTS REGISTRATION NUMBER DATE (D/M/Y) PARTICULARS NO REGISTRATIONS (CONTINUED) PAGE 2 # 981 319 853 CONSIDERATION ESTATE TOTAL INSTRUMENTS: 000 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF . THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 13 DAY OF MAY, 2008 AT 03:54 P.M. ORDER NUMBER:11276783 CUSTOMER FILE NUMBER: *END OF CERTIFICATE* PAGE 3 # 981 319 853 THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S).