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<br />. <br /> <br />. <br /> <br />27, <br />included <br />that: <br /> <br />The express considerations for such conveyance by Plaintiffs <br />money, other conveyances, and Handy's specific agreement <br /> <br />"All fishing, hunting, and recreational rights in <br />or on that portion of Hertha Reservoir lying in <br />Sections 7 and 18, Township 4 North, Range 69 <br />West of the 6th P,M. together with access to <br />exercise such rights remain the property of <br />[Plaintiffs Dean G, Anderson and Betty Jo <br />Anderson] , " <br /> <br />28, It was the intention of the parties to the 1983 Agreement to <br />confirm Plaintiffs' exclusive ownership of all recreation rights on <br />that part of the Hertha Reservoir located in said Sections. <br /> <br />29_ Subsequent to the 1983 Agreement Plaintiffs have exercised <br />all said recreation rights on said part of the Hertha Reservoir to the <br />exclusion of all other persons or entities, including Handy. <br /> <br />30_ Until 1995 both Plaintiffs and Handy believed that <br />Plaintiffs Dean G, Anderson and Betty Jo Anderson were the sole owners <br />of all said recreation rights_ <br /> <br />31, In 1995 Handy asserted for the first time that it may have <br />some residual recreation rights on the interior part of the Hertha <br />Reservoir which could only be exercised with due deference to <br />Plaintiffs' hunting and fishing rights, also acknowledging that it had <br />no recreation rights in the area of the 1983 enlargement_ <br /> <br />32, Any claim of recreation rights by Handy are contrary to the <br />1983 Agreement of the parties and their intention. <br /> <br />33, If the recorded i983 Agreement and Quit Claim Deeds do not <br />confirm the exclusive ownership of all said recreation rights by <br />Plaintiffs, then the 1983 contract has not been fully performed and <br />further conveyance of those recreation rights should be made by Handy <br />to the Plaintiffs. <br /> <br />34. Within weeks of determining that Handy may question <br />Plaintiffs' ownership of said recreation rights, Plaintiffs demanded <br />that Handy acknowledge by appropriate document that Andersons owned <br />all recreation rights in Hertha Reservoir within said Sections 7 and <br />18 or, alternatively, that the parties effectively rescind the 1983 <br />Agreement by reconveying land and returning other consideration paid. <br /> <br />35_ <br />demands_ <br /> <br />To date Handy has refused to comply with Plaintiffs' <br /> <br />36. Plaintiffs have fully performed the 1983 Agreement. Should <br />there be any part of the 1983 Agreement which Plaintiffs have not <br />fully performed they are ready, willing, and able to do so. <br /> <br />37. Since the real property or rights in the nature of real <br />property are the subject matter of the 1983 Agreement, damages could <br />not adequately compensate the Plaintiffs for Handy's refusal to convey <br /> <br />4 <br />