APPENDIX A

O.C. 432/2004

September 22, 2004

The Lieutenant Governor in Council orders that

(a) effective July 1, 2004, the land described in Appendix A and shown on the sketch in Appendix B is separated from Red Deer County and annexed to the City of Red Deer,

(b) any taxes owing to Red Deer County at the end of June 30, 2004 in respect of the annexed land are transferred to and become payable to the City of Red Deer together with any lawful penalties and costs levied in respect of those taxes, and the City of Red Deer upon collecting those taxes, penalties and costs must pay them to Red Deer County, and

(c) the assessor for the City of Red Deer must assess, for the purpose of taxation in 2005 and subsequent years, the annexed land and the assessable improvements to it,

and makes the Order in Appendix C.

For Information only

Recommended by: Minister of Municipal Affairs

Authority: Municipal Government Act
(sections 125 and 138)

APPENDIX A

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM RED DEER COUNTY AND ANNEXED TO THE CITY OF RED DEER

THE NORTH-SOUTH GOVERNMENT ROAD ALLOWANCE ADJOINING THE EAST BOUNDARY OF THE EAST HALF OF SECTION ELEVEN (11) AND THE EAST HALF OF SECTION FOURTEEN (14), IN TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN

SECTION TWENTY-THREE (23), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27) WEST OF THE FOURTH MERIDIAN, INCLUDING GOVERNMENT ROAD ALLOWANCES LYING TO THE EAST, WEST AND NORTH OF THE SAID SECTION

THE SOUTHWEST QUARTER OF SECTION TWENTY-SIX (26), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27) WEST OF THE FOURTH MERIDIAN, INCLUDING THE NORTH-SOUTH GOVERNMENT ROAD ALLOWANCE LYING TO THE WEST OF THE SAID QUARTER SECTION

ALL THAT PORTION OF SECTION TWENTY-SEVEN (27), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27) WEST OF THE FOURTH MERIDIAN LYING EAST OF THE RIGHT BANK OF THE RED DEER RIVER AND ALL GOVERNMENT ROAD ALLOWANCES LYING SOUTH AND WEST OF THE SAID SECTION

THE NORTH-SOUTH GOVERNMENT ROAD ALLOWANCE ADJOINING THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECTION TWENTY-SEVEN (27), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION THIRTY-THREE (33), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN LYING NORTH OF THE RIGHT BANK OF THE RED DEER RIVER

ALL THAT PORTION OF SECTION THIRTY-FOUR (34), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN LYING EAST AND SOUTH OF THE RIGHT BANK OF THE RED DEER RIVER AND ALL GOVERNMENT ROAD ALLOWANCES LYING WEST OF THE SAID SECTION

THE NORTH-SOUTH GOVERNMENT ROAD ALLOWANCE ADJOINING THE EAST BOUNDARY OF SECTION THIRTY-FOUR (34), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN AND ALL THOSE PORTIONS OF ROAD PLAN 842 0863 AND ROAD PLAN 3589K LYING SOUTH OF THE EASTERLY PRODUCTION OF A LINE DRAWN PERPENDICULAR TO THE SOUTH LIMIT OF SUBDIVISION PLAN 2505TR

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION THREE (3), TOWNSHIP THIRTY-NINE (39), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN LYING EAST OF THE RIGHT BANK OF THE RED DEER RIVER

ALL THAT PORTION OF SECTION TWO (2), TOWNSHIP THIRTY-NINE (39), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN LYING EAST, SOUTH AND WEST OF THE RIGHT BANK OF THE RED DEER RIVER AND ALL GOVERNMENT ROAD ALLOWANCES ADJOINING THE SAID SECTION

LOT 1, BLOCK 1, PLAN 012 0303

ALL THAT PORTION OF ROAD AS SHOWN ON PLAN 842 0587 DESCRIBED AS FOLLOWS:

COMMENCING AT THE DEFLECTION POINT ON THE NORTHWEST BOUNDARY OF AREA “E”, PLAN 842 0587, SHOWN ON SAID PLAN TO BE AT A DISTANCE OF 87.164 METRES SOUTHWEST FROM THE NORTHEAST CORNER OF AREA “E” THEREOF,

THENCE NORTHEASTERLY ALONG THE NORTHWEST BOUNDARY OF AREA “E” OF SAID PLAN TO THE INTERSECTION WITH THE EAST BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION SEVEN (7), TOWNSHIP THIRTY-EIGHT (38), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH MERIDIAN,

THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID QUARTER SECTION TO THE INTERSECTION WITH THE NORTHWEST BOUNDARY OF PLAN 842 0587,

THENCE SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY OF SAID PLAN TO THE FIRST DEFLECTION POINT, SHOWN ON SAID PLAN TO BE AT A DISTANCE OF 123.912 METRES FROM THE INTERSECTION OF THE EAST BOUNDARY OF SAID QUARTER SECTION WITH THE NORTHWEST BOUNDARY OF SAID PLAN,

THENCE SOUTHEASTERLY TO THE POINT OF COMMENCEMENT.

APPENDIX B

A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS

ANNEXED TO THE CITY OF RED DEER

AREAS ANNEXED TO THE CITY OF RED DEER

APPENDIX C

ORDER

1 In this Order,

(a) “annexed farm land” means annexed land in respect of which the assessment class of farm land has been assigned under section 297(1) of the Municipal Government Act;

(b) “annexed land” means the land described in Appendix A and shown on the sketch in Appendix B;

(c) “annexed non-farm land” means annexed land in respect of which an assessment class other than farm land has been assigned under section 297(1) of the Municipal Government Act.

2(1) For taxation purposes in 2005 and in subsequent years until December 31, 2014, the annexed non-farm land and the assessable improvements to it,

(a) must be assessed by the City of Red Deer on the same basis as if they had remained in Red Deer County, and

(b) must be taxed by the City of Red Deer in respect of each assessment class that applies to the non-farm annexed land and the assessable improvements to it using

(i) the municipal and library tax rates established by Red Deer County, or

(ii) the municipal and library tax rates established by the City of Red Deer,

whichever is lower.

(2) For taxation purposes in 2005 and in subsequent years until December 31, 2029, the annexed farm land and the assessable improvements to it

(a) must be assessed by the City of Red Deer on the same basis as if they had remained in Red Deer County, and

(b) must by taxed by the City of Red Deer using

(i) the municipal and library tax rates established by Red Deer County, or

(ii) the municipal and library tax rates established by the City of Red Deer,

whichever is lower.

3(1) Where in any taxation year up to December 31, 2014 a portion of the annexed non-farm land

(a) becomes a new parcel of land created as a result of subdivision or separation of title by registered plan of subdivision or by instrument or any other method that occurs at the request of, or on behalf of the landowner, or

(b) is redesignated at the request of or on behalf of the landowner under the City of Red Deer Land Use Bylaw to a designation other than agricultural,

section 2(1) ceases to apply at the end of that taxation year in respect of that portion of the annexed non-farm land and the assessable improvements to it.

(2) Where in any taxation year up to December 31, 2029 a portion of the annexed farm land

(b) becomes a residual portion of 16 hectares or less after a new parcel referred to in clause (a) has been created, or

(c) is redesignated at the request of or on behalf of the landowner under the City of Red Deer Land Use Bylaw to another designation other than agricultural,

section 2(2) ceases to apply at the end of that taxation year in respect of that portion of the annexed farm land and the assessable improvements to it.

4 After section 2(1) or (2), as the case may be, ceases to apply to a portion of the annexed land in a taxation year, that portion of the annexed land and the assessable improvements to it must be assessed and taxed for the purposes of property taxes in that year in the same manner as other property of the same assessment class in the City of Red Deer is assessed and taxed.

5(1) In this section, “compensation amount” means the amount of municipal taxes payable to Red Deer County under Part 10 of the Municipal Government Act in respect of the annexed land for a taxation year.

(2) The City of Red Deer must pay to Red Deer County

(a) 100% of the compensation amount on or before July 31, 2005,

(b) 80% of the compensation amount on or before July 31, 2006,

(d) 40% of the compensation amount on or before July 31, 2008, and

(e) 20% of the compensation amount on or before July 31, 2009.

6(1) Any application for subdivision filed with Red Deer County before July 1, 2004 must be decided by Red Deer County.

(2) An appeal from a decision made by Red Deer County pursuant to subsection (1) must be made to the Red Deer County Subdivision and Development Appeal Board unless there is authority under section 678(2)(a) of the Municipal Government Act to make the appeal to the Municipal Government Board.