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5.2 <br /> <br />5.3 <br /> <br />5.4 <br /> <br />5.5 <br /> <br />intended to be acquired as "open space" shall be acquired in fee or by perpetual <br />conservation easement (as defined in §38-30.5-102, C.R.S.) for open space purposes <br />by any one or more of the Parties, to the extent funds are appropriated and made <br />available for such purpose. Whether and the method by which such acquisition will <br />take place, and the terms and conditions of purchase, together with the determination <br />of whether fee title or a perpetual conservation easement will be acquired, shall be <br />at the sole discretion of the acquiring Party(ies). <br />Upon acquisition of any Rural Preservation parcels shown on Exhibit A, the <br />acquiring Party shall present to its governing body, pursuant to its charter, ordinance <br />or other provisions of law, a request to provide to each of the other Parties an <br />undivided interest in a perpetual conservation easement upon said lands, providing <br />for restrictions on development and the use in accordance with the terms of this Plan <br />and the site-specific management plan. <br />Open space shall serve one or more of the following functions: <br />(a) urban shaping between or around municipalities or community service areas <br /> and buffer zones between residential and non-residential development; <br />(b) preservation of critical ecosystems, natural areas, scenic vistas and area, fish <br /> and wildlife habitat, natural resources and landmarks, and cultural, historical <br /> and archaeological areas; <br />(c) linkages and trails, access to public lakes, streams and other usable open <br /> space lands, stream corridors and scenic corridors along highways; <br />(d) areas of environmental preservation, designated as areas of concern, generally <br /> in multiple ownership, where several different preservation methods <br /> (including other governmental bodies' participation or private ownership) <br /> may need to be utilized; <br />(e) conservation of natural resources, including but not limited to forest lands, <br />range lands, agricultural land, aquifer recharge areas, and surface water; <br />(f) preservation of land for outdoor recreation areas limited to passive <br /> recreational use, including but not limited to hiking, photography or nature <br /> studies, and if specifically designated, bicycling, horseback riding, or fishing; <br />(g) underground public facilities, public utility mains, lines; other public <br />facilities may be located thereon where approved by the governing bodies of <br />each of the Parties. <br />Once acquired, open space may be used only for the above purposes, and shall be <br />used in accordance with a site-specific management plan approved by the governing <br />body of the acquiring Party(ies) after consultation with the other Parties. Until <br />acquisition, such parcels or portions of parcels shall be subject to the Development <br />Limitations set forth in Section 3 of this Plan. <br />Boulder County shall use its best efforts in good faith to acquire the parcel designated <br />Rural Preservation located west of the U.S. 36 and Marshall Road right-of-way area <br />adjacent to the Superior town limits in Section 13, TiS, R70W, 6th PM. <br /> <br />10 <br /> <br /> <br />