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<br />7. Plaintiffs are the fee owners of the lands in Sections 7 and
<br />18, Township 4 North, Range 69 West of the 6th P.M, which abut Hertha
<br />Reservoir described in Exhibit A.
<br />
<br />8. Plaintiffs are the exclusive owners of the hunting and
<br />fishing rights in, on, or upon those parts of said Hertha Reservoir
<br />located within Sections 7 and 18, Township 4 North, Range 69 West of
<br />the 6th P_M" Larimer County, Colorado, as determined by quiet title
<br />decree of the Larimer County District Court, dated March 21, 1986, in
<br />Case No, 84CV74, District Court, Larimer County, Colorado, .
<br />
<br />9, Plaintiffs and their predecessors in title have
<br />possessed and exercised all recreation rights and profit a'
<br />of any type or nature in, on, under, and to that part of
<br />property and water of Hertha Reservoir, as describe' 1 it A,
<br />located within said Sections 7 and 18, togethe 1th any e~sements _.__~l".- ~
<br />reasonably necessary to exercise those rights, /or..l.~ V-O ~"",~
<br />f1v ~ '120-+ PC H,:<-O CL
<br />10 _ Plaintiffs and Handy entered into an ~reement, datedo- tt ',u...t ~I ~I
<br />October 2, 1983 and recorded in Book 2245 at Page 2044 of the Larimer ~/a ~
<br />County records ("1983 Agreement") whereby Plaintiffs agreed to convey f'< () .
<br />lands to Handy for various considerations, including Handy's agreement
<br />that Plaintiffs were the owners of all recreation rights in or on that
<br />portion of Hertha Reservoir located within said Sections 7 and 18.
<br />
<br />
<br />11. By Quit Claim Deed dated July 1, 1994, and recorded on July
<br />26, 1994, as Reception No. 94062815 of the Larimer County Records,
<br />Handy conveyed to Plaintiffs the fee simple title of the ground
<br />underneath the Reservoir as described in Exhibit A, subject to Handy'S
<br />reservation of all water, water rights, and easements for the
<br />operation and maintenance of the Hertha Reservoir, but including
<br />confirmation that Plaintiffs were the owners of all recreation rights,
<br />
<br />12_ The consideration for the conveyance of said fee simple
<br />title to Plaintiffs was $5,000,00 which was paid to Handy_
<br />
<br />13, Handy has since demanded the return of the real property
<br />interests conveyed by said Quit Claim Deed,
<br />
<br />14, Plaintiffs have tendered to Handy the Quit Claim Deed
<br />reconveying the fee simple title, but retaining all recreation rights
<br />and profits a' prendre in said Plaintiffs, upon the condition that
<br />said Plaintiffs be repaid their $5,000.00.
<br />
<br />15_ Handy has not accepted the delivery of said deed and has not
<br />repaid Plaintiffs. .
<br />
<br />16, Plaintiffs maintain tender of said Quit Claim Deed upon
<br />condition of Handy paying Plaintiffs $5,000_00.
<br />
<br />FIRST CLAIM FOR RELIEF
<br />(Ouiet Title Action)
<br />
<br />17. Plaintiffs are the owners in joint tenancy and in full
<br />possession of all recreation rights and profits a' prendre of any type
<br />
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