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<br />. <br /> <br />c <br /> <br />. <br /> <br />. <br /> <br />or confirm full title to said recreation rights_ Accordingly, <br />Plaintiffs lack adequate legal remedies. <br /> <br />FOURTH CLAIM FOR RELIEF <br />(Reformation) <br /> <br />38. Plaintiffs restate their allegations of paragraphs 1. <br />through 21" 23, through 24., and 26, through 37_ and incorporate them <br />by reference, <br /> <br />39. The true intent or agreement of.Plaintiffs and Handy in the <br />1983 Agreement was to confirm by agreement, grant, or otherwise that <br />Plaintiffs owned all said recreation rights in the Hertha Reservoir. <br /> <br />40, By the mutual mistake or inadvertence of Plaintiffs and <br />Handy, the 1983 Quit Claim Deeds between them concerning said Sections <br />7 and 18 may not have expressed and effectuated the true intent or <br />agreement of the parties to confirm that Plaintiffs are the owners of <br />all said recreation rights. <br /> <br />41. The 1983 Quit Claim Deeds should be reformed by appropriate <br />language to cause the Plaintiffs to be the sole owners of all <br />recreation rights and profits a' prendre described herein as the <br />Subject Property_ <br /> <br />WHEREFORE, Plaintiffs request that the Court decree an order as <br />follows: <br /> <br />1, A complete adjudication of the rights of all parties to this <br />action with respect to the Subject Property described in paragraph 17. <br />abovej <br /> <br />2, A decree determining that Defendants and each of them have <br />no interest, estate, or claim of any kind whatsoever on the Subject <br />Property, forever barring and enjoining the Defendants from asserting <br />any claim or title thereto, quieting the title of the Plaintiffs in <br />and to the Subject Property and adjudging them the sole owners of, and <br />entitled to, the Subject Property; <br /> <br />3_ A declaratory judgment construing, declaring, and <br />determining that, pursuant to the deeds of the parties, their written <br />contract, legal relations and possessory interests that Plaintiffs are <br />the sole owners of, and entitled to the Subject Property, free of any <br />claim of any kind of the Defendants; <br /> <br />4_ A decree directing Defendant Handy Ditch Company convey to <br />Plaintiffs by good and sufficient deed all Handy's right, title, and <br />interest in and to recreation rights and profits a' prendre in the <br />Subject Property, or in the alternative enter judgment divesting the <br />title of any Defendant in the Subject Property and vesting the same in <br />the Plaintiffs pursuant to Rule 70, C.R.C.P.; <br /> <br />5 <br />