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Honor Park CCR 4th AmendmentADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 20 BOISE IDAHO 06105114 03:37 PM DEPUTY Lisa Batt RECORDED—REQUEST OF II I I II I II' II II IIII I �� I I III Meridian City 114043722 After recording, please return to: City Clerk City of Meridian 33 E. Broadway Meridian, fdaho 83542 FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HONOR PARK 1, 2 AND 3. THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HONOR PARK 1, 2, AND 3 ("Fourth Amendment") is made on the date hereinafter set forth by the undersigned owners of real property described herein. ARTICLE 1: RECITALS 1.1 WHEREAS, Honor Park 1, 2, and 3 is a subdivision located in Meridian, Idaho which includes real property known as Honor Park Subdivision 1, filed as Instrument No. 94047473 in Book 65 of Plats at Pages 66526653 records of Ada County, Idaho ; Honor Park Subdivision No. 3 filed as Instrument No. 99034800 in Book 78 of Plats at pages 8191-8192, records of Ada County, Idaho; and Honor Park Subdivision No. 2 filed as Instrument No. in Book 68 of Plats at Pages 6959 and 6960 and amended by Affidavit recorded September 22, 2006, as Instrument No. 106151176, official records of Ada County, Idaho (hereinafter "Honor Park"). 1.2 WHEREAS, William A. Hon, Roland`L. Hon and William E. Norris (hereinafter "Initial Owners") entered into and recorded Declaration of Covenants, Conditions and Restrictions (hereinafter "Restrictive Covenants") for Honor Park on July 7, 1994 as Instrument No. 94064023 of the Ada County Recorder's Office. 1.3 WHEREAS, the Initial Owners entered into and recorded the First Amendment to the Restrictive Covenants on April 20, 1999 as Instrument No. 99038891 of the Ada County Recorder's Office. 1.4 WHEREAS, the Initial Owners entered into and recorded the Second Amendment to the Restrictive Covenants for Honor Park on May 8, 2001 as Instrument No. 1011043956. 1.5 WHEREAS, William Hon, The William A. Hon Family Limited Partnership, the William Norris Separate Property Trust and Roland Hon entered into and recorded the Third Amendment to the Restrictive Covenants for Honor Park on March 31, 2005 as Instrument No. 10503 8720. 1.6 WHEREAS, pursuant to Section 12.2 of the Restrictive Covenants, the owners of at least 75% of the lots within Honor Park have the right to amend the Restrictive Covenants at FOURTH AMENDMENT - any time after their execution and acknowledgement of a written instrument, such amendment to be effective on the date of filing in the records of Ada County, Idaho and the owners as least 75% of the Honor Park lots desire to amend the Restrictive Covenants as set forth herein. 1.7 WHEREAS, the City of Meridian desires to amend the Restrictive Covenants to allow Lot 5 in Block 2 of Honor Park Subdivision No. 2 to be used as a public park in the event that said lot is owned, operated and maintained by the City of Meridian as a public park. ARTICLE 11: AMENDMENT TO RESTRICTIVE COVENANTS Article 6, Plans and Approvals, shall be amended with the addition of 6.10. All other sections of this Article 6 shall remain unchanged. The added section shall read as follows: 6.10. Lot 5 in Block 2 of Honor Park Subdivision No. 2, according to the official plat thereof, filed in Book 68 of Plats at Pages 6959 and 6960, and amended by Affidavit recorded September 22, 2006, as Instrument No. 106151776, Official Records of Ada County, Idaho (hereinafter, the "Park Lot") shall not be bound or subject to this Article 6 if the Park Lot is owned, operated, and maintained by the City of Meridian for use as a public park. Article 7, Regulations of Uses, shall be amended with the addition of 7.3. All other sections of this Article 7 shall remain unchanged. The added section shall read as follows: 7.3. Lot 5 in Block 2 of Honor Park Subdivision No. 2, according to the official plat thereof, filed in Book 68 of Plats at Pages 6959 and 6960, and amended by Affidavit recorded September 22, 2006, as Instrument No. 106151776, Official Records of Ada County, Idaho (hereinafter, the "Park Lot") may be used for a public park to be owned, operated and maintained by the City of Meridian. ARTICLE III: EXECUTION IN COUNTERPARTS This Fourth Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. IN WITNESS WHEREOF, the undersigned, being the owners of at least 75% of the Honor Park Lots have hereunto executed this FOURTH AMENDMENT as of the :?,p`�h day of , 2014. (Remainder of page intentionally deleted. Signature pages to follow.) FOURTH AMENDMENT - 2 DANNY L. WESELY STATE OF IDAHO . ss. County of Ada Owner of Lots 22 & 23, Block 2 On this 3 day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared DannyL. Wesely, known or identified to me to be person whose name is subscribed to the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES Notary Public for Idaho Residing at: My Commission Expires: -3 — —1 ALBANO PROPERTIES, LLP By , Owner of Lot 2.8, Block 2 LPAAer STATE OF IDAHO • ss. County of Ada– 66 p,JA-uG-V-- On this 5 f day of MVItG L , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared ._7-0 F 61 'V- A-1 Lac.: wo , known or identified to me to be a partner of the limited liability partnership that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 2;'7-E or ,o FOURTH AMENDMENT - SIGNATURES ary lic or Idaho siding a 6 � 1 My Commission Expires: ( ,l--� C-)1r--� Blue Moon, LLC By, Owner of Lot 2, Block 1 Robert E. Williams, Manager STATE OF IDAHO ss. County of Ada On this � day of , 2014, before me, the undersigned, a Notaiy Public in and for said State, personally appeared Robert E. Williams, known or identified to me to be the manager of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ixay official seal the day and year in this certificate first above written. ) � 10 w) Notary Public or Id o MAMMON Residing at� 1 �� Piotary Public My Commission Expires: State of 1400 FOURTH AMENDMENT - SIGNATURES CITY OF MERIDIAN STATE OF IDAHO } ss. County of Ada ) Owner of Lots 3 and 6, Block 2 On this k�- day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd, known or identified to me to be the mayor of the City of Meridian that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said Municipal Corporation and acknowledged to me that such Municipal Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fist above written. FOURTH AMENDMENT - SIGNATURES tary Publi or Idaho R iding at: �Icr��440.n , Rc��tc My Commission Expires:)anvc� TFORD, LLC, Owner of Lots 16, 17, & 21, Block 2 By Jo aker, Manager STATE OF IDAHO ss. County of`� ) On this , ; `�aay of 2014, before me, the undersigned, a Notary Public in and for said State, personally appe ed John B. Baker, known or identified to me to be the manager or a member of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 0a9xerrrl►/r�, - m . �v f '{•�•.. • I., OT -1 •: e� •o. -Nib = j 00 U13L I C •- aF 1 D AWt`i� ►►►►IIIIIl41y4�+ FOURTH AMENDMENT - SIGNATURES otary Public tor*R esiding at: �,, My Commission a If /- -:�1-7 MTF, L Davis, Manager STATE OF IDAHO ss. County of Ada of Lot 11, Block 2 On this 3fj day of � 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Bart M. Davis, known or identified to me to be the manager or a member of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. THERESA G. CARSON NOTARY PUBLIC STATE OF IDAHO FOURTH AMENDMENT - SIGNATURES Notary Public for Id ho at: M Residing U My Commission Expires: 6A)- %ls UNr104118ly:���r�yrl�r��:��ir r� 11IN 121 By: , Owner of Lots 14, 15, 18 & 19, Block 2 Todd Erickson, President STATE OF IDAHO ss. County of Ada ) On this - day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Erickson, known or identified to me to be the President of the Capital Educators Credit Union who executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said Credit Union and acknowledged to me that such Estate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `ANSa�•+• Notary Public for Idaho f 110 .• C, .....,,,„, ••Residing at: DoT `'.`O•� My Commission Expires: I2�J� •4ip1P1 s n FOURTH AMENDMENT - SIGNATURES FREITAS REVOCABLE LIVING TRUST dated 10/2/92 B : ,4, Owner of Lot 12, Block 2 Edson A. F eita Trustee STATE OF IDAHO SS. County of Ada On this T �� day of -�- r � i 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Edson A. Freitas, known or identified to me to be the Trustee of the Revocable Living Trust that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said Revocable Living Trust and acknowledged to me that such Revocable Living Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES A, L� A('Lac' Notary Public for Idaho Residing at: '( My Commission Expires: DYNAMITE MARKETING, INC. By I l Ie-, l OV Owner of Lot 4, Block 2 Title: STATE OF IDAHO County of Ada On this I day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared C Ul'e Ncya.k. , known or identified to me to be the president, or director, or secretary of Dynamite Marketing, Incorporated who executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Cgdjr•,s: PUBL-�G wm� FOURTH AMENDMENT - SIGNATURES 12. (�. �- Notary Public for Idaho Residing at: QA. Couyt4-j My Commission Expires: C., Zoll SUNBELT PROPERTIES, LLC r By, , Owner of Lots 21 & 25, Block 2 Everett Davis III, Manager STATE OF IDAHO ss. County of Ada ) � f On this %C day of r"� 1 , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Everett Davis III, known or identified to me to be the manager or a member of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. w % TtOTA4q 4b : u, • u B Ll 00 z 46 40 0 r'•� `� OF I� p' .•�` r+y'`�rr���r�••�� FOURTH AMENDMENT - SIGNATURES Notary Public for Idaho Residing at: T -3a cse, My Commission Expires: 1011g.1 WATER TOWER ZAMZOWS, LLC By , Owner of Lots 1 & 2, Block 2 P�ichard or James a zManager of YR LLC, Membe STATE OF IDAHO . ss. County of Ada } On this 17 day of fif^i I , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared SQyyief, ZO-M2.ou-) , known or identified tome to be a manager of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above -written. OP. e Notary Public for Idaho ®v a Residing at: /4d -a Cou_vc,%� My Commission Expires: i ��1�� `Tt �'./:�TI � I r�T1 �► � �II.� [�� ►:��i�_c»� DONALD R. NEWMAN STATE OF IDAHO . ss, County of Ada Owner of Lots 5 and 26, Block 2 On this I day of , 2414, before me, the undersigned, a Notary Public in and for said State, personally appease D nald R. Newman, known or identified to me to be person whose name is subscribed to the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES Notary Pu lic for Residing at: My Commission. ('l. I ( D 's: �� f 027 RIM Barbara Eerrari, Manager, or John Ferrari, Manager, or Arthur Ferrari, Manager STATE OF ARIZONA . SS. County of Maricopa of Lot 9, Block 2 On this day of ",q 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared ,4 U, axAAett J , known or identified to me to be a manager of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Not a lic for izo a Residing at: My Commission Expires: SRETT C. ANGNER Notary Public - Arizona Maricopa County *MY Comm. Expires Oct 7, 2015 FOURTH AMENDMENT - SIGNATURES CALLAHAN INVESTMENTS, LLC :A STATE OF IDAHO ss. County of Ada Owner of Lot 7, Block 2 On this Qday of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TrAy J. Lindberg, known or identified to me to be a member of the limited liability company that executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES .. k �.,juj— mw�=� - Notary Public for Idaho _ Residing at:Iii 0 -M -P' - ,1 1� My Commission Expires: gkxq%� j �7 JOSEPH J. HON STATE OF IDAHO ss. County of Ada Owner of Lot 3, Block On this � day of '�l , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Jos ph J. Hon, known or identified to me to be person whose name is subscribed to the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this c flAW fv;' above written. tkN A NZ) ri�� ` Not u lic o I aho p� �1 h Residing at: lj��, ��`i f/ti r^� �,- X My Commission Expires: s,1�s®l a A 4a® FOURTH AMENDMENT - SIGNATURES HONOR PARK, LLC By ///, Owner of Lot 8, Block 2 Mark S. Hon Member . ss. County of Ada On this �0*day of M 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared NCrk S. Hon, known or identified to me to be a Member of the of Honor Park LLC who executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES ko"hi't,ow Notary Public for IdAho Residing at: -nkhqj)a- My Commission Expires: ESTATE OF WILLIAM A. HON Owner of Lot 1, Block 1, Honor Park Subdivision No. 1 By: Mark S. Hon, Personal Representative STATE OF IDAHO . ss. County of Ada On this `day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared XUrk S. Hon, known or identified to me to be the Personal Representative of the Estate of William A. Hon who executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said Estate and acknowledged to me that such Estate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES Notary Public for Id6ho Residing at: 1:TD My Commission Expires: 9OLO 1.7 ESTATE OF WILLIAM A. HON Owner of Lots 13, 20, 29, 30, 31, 32, Block 2 By: &J 9�', Mark S. Hon, Personal Representative STATE OF IDAHO ss. County of Ada On this 10-Xday of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared M k S. Hon, known or identified to me to be the Personal Representative of the Estate of William A. Hon who executed the foregoing FOURTH AMENDMENT TO RESTRICTIVE COVENANTS or the person who executed the instrument on behalf of said Estate and acknowledged to me that such Estate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FOURTH AMENDMENT - SIGNATURES No4kC_'j� t) (�hCv3' tary Public for I o Residing at: yyykJTD - My Commission Expires: 9Ide) /�ZO l-7