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. . or nature in, on, under, and to those portions of the real property and water of the Hertha Reservoir located in Sections 7 and 18, Township 4 North, Range 69 West of the 6th P.M., Larimer county, Colorado, more particularly described in Exhibit A, together with any easements reasonably necessary to exercise said rights, all said rights and property being referred to herein as "Subject Property." 18, Plaintiffs acquired the Subject Property by deed, dated October 17, 1977, and recorded in Book 1808 at Page 171, Larimer County Records, and deeds dated November 2, 1983, recorded in Book 2245 at Page 2053 and at Page 2055, Larimer County Records, as well as by virtue of the 1983 Agreement, 19_ Plaintiffs and their predecessors in title have continuously, without interruption, used and possessed the Subject Property under claim of right or ownership on an actual, open, notorious, and exclusive basis, adverse or hostile to all persons for 50 or more years, thereby acquiring title to the Subject Property by adverse possession or prescription, 20. The claims of the named Defendants and any unknown persons adverse to Plaintiffs' exclusive ownership of the Subject Property are without foundation or right. 2l. 14. above entitling Plaintiffs' tender of Quit Claim Deed described in paragraph is equivalent to tender under Rule 105(d), C.R.C.P., Plaintiffs to recover their costs. SECOND CLAIM FOR RELIEF (Declaratorv Relief) 22, Plaintiffs restate their allegations of paragraphs 1. through 21. and incorporate them by reference_ 23, By virtue of the Deed and contracts described above and other circumstances, the Plaintiffs and Defendants have rights or are interested in the Subject Property which should be determined and declared pursuant to Rule 57, C,R.C.P., and the Uniform Declaratory Judgments Law, ~~13-51-101, et, sea" C.R.S. 24. Controversy exists between the parties which requires that this Court determine and construe the rights of the parties with regard to the properties described herein. THIRD CLAIM FOR RELIEF (Soecific Performance) 25. Plaintiffs restate their allegations of paragraphs 1. through 21. and 23_ through 24. and incorporate them by reference. 26. The purpose of the 1983 Agreement was to set the terms and conditions whereby. Plaintiffs would convey lands to Handy for a reservoir enlargement. 3