Phase-1-Section-111A

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SUPPLEMENTAL DECLARATION

OF COVENANTS, CONDITIONS AND RESTRICTIONS

RIVER BIRCH PLACE PHASE I, SECTION IIIA,

AN ADDITION TO THE CITY OF

LUMBERTON, HARDIN COUNTY, TEXAS

This Supplemental Declaration of Covenants, Conditions and Restrictions of RIVER

BIRCH PLACE PHASE I, SECTION I!IA, an Addition to the City of Lumberton, Hardin

County, Texas (“this Phase I, Section IIIA, Supplemental Declaration”) is this day executed

by BIRCH PLACE ONE, LTD, a Texas Limited Liability Partnership (the “Declarant”).

WHEREAS, by Declaration of Covenants, Conditions and Restrictions of River Birch

Place Phase I, an addition to the City of Lumberton, Hardin County, Texas filed and

recorded at Vol. 1543, Page 643 and amended by Amended Declaration of Covenants,

Conditions and Restrictions of River Birch Place Phase I (the “Declaration”) dated October

27, 2006, and filed and recorded at Vol. 1587, Page 161 in the Official Public Records of

Real Property of Hardin County, Texas, the Declarant caused a certain 10.2856 acre tract

of land in Lumberton, Hardin County, Texas, to be subdivided and platted into an addition

to the City of Lumberton, Hardin County, Texas, known and designated as River Birch

Place, Phase I, an Addition to the City of Lumberton, Hardin County, Texas (“River Birch

Place, Phase I”), in accordance with the Final Plat of said River Birch Place, Phase I (the

“Phase I Plat”) and filed for record in the office of the County Clerk of Hardin County,

Texas, previously filed in the plat records of Hardin County at Vol. 4, Pages 43-43A ,

reference to the Declaration and the Phase I Plat being here made for all purposes, and

WHEREAS, the Declaration and the Phase I Plat describe or reflect a 40.0158 acre

tract of land adjacent to River Birch Place, Phase I, and referred to in the Declaration and

on the Phase I Plat as a “Future Development Tract”, and

WHEREAS, the Declaration provides, in part, that the Declarant, at its sole election,

may bring within the scheme of the Declaration, and within the jurisdiction of the River

Birch Place Owners Association, a Texas non-profit corporation (the “Association”), all or

any part of the Future Development Tracts by Declarant’s filing for record in the office of

the County Clerk of Hardin County, Texas, a Supplemental Declaration subjecting such

additional property to the scheme of the Declaration and to the jurisdiction of the

Association, together with a plat of such additional property, and

WHEREAS, the Declaration further provides, in part, that any such Supplemental

Declaration may contain complimentary and supplementary provisions, conditions,

covenants, restrictions and reservations, and may amend and modify the provisions,

conditions, covenants, restrictions and reservations contained in the Declaration as they

relate to the additional property to be brought within the scheme of the Declaration and

within the jurisdiction of the Association, but such Supplemental Declaration may not in any

manner revoke, modify or add to the covenants established by the Declaration for River

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Birch Place, Phase, I, or any prior Supplemental Declaration; and

WHEREAS, the Declaration defines the term “Addition” to mean, refer to and

include River Birch Place, Phase I, together with such additional part or parts of the Future

Development Tract as shall be brought within the scheme of the Declaration and within the

jurisdiction of the Association pursuant to the terms and provisions of the Declaration, and

WHEREAS, the Declarant now desires to bring into the Addition (as that term is

defined in the Declaration), and within the jurisdiction of the Association and the integrated

scheme of development and ownership provided in and contemplated by the Declaration,

an additional 6.4654 acre tract or parcel of land out of the “Future Development Tract I”

which 6.4654 acre tract is to be known, platted and subdivided into River Birch Place,

Phase I, Section IIIA, an Addition to the City of Lumberton, Hardin County, Texas, said

6.4654 acre tract of land being described as follows, to-wit:

River Birch Place Subdivision Phase I – Section IIIA

Legal Description: 6.4654 Acre Tract or Parcel of Land

R.C. Rogers Survey, Abstract No. 46

Hardin County, Texas

BEING a 6.4654 acre tract or parcel of land situated in the R.C. Rogers Survey, Abstract

No. 46, Hardin County, Texas and being out of and a part of that certain called 40.0158

acre tract as described in General Warranty Deed from Joan and Lynn, LLC, to Birch Place

One, Ltd. as recorded in Book 1512 Page 457, Official Public Records, Hardin County,

Texas, and being out of and part of River Birch Place, Phase I, Section IIA, according to

the plat thereof recorded in Volume 4, Page 66A, Plat Records, Hardin County, Texas, said

6.4654 acre tract being more particularly described as follows:

NOTE: All bearings are based on the East line of that certain called 140.00

acre tract as described in “Special Warranty Deed” from Ben Adler et. al.

Interests, LTD to Jack Mossburg d/b/a/ Mossburg Construction as recorded

in Volume 1393, Page 542 Official Public Records, Hardin County, Texas as

SOUTH 00/20'00" WEST . All set 5/8" iron rods set with a cap stamped

"M.W. Whiteley & Associates".

BEGINNING at a concrete monument found for the Southeast corner of the said 40.0158

acre Birch Place tract, said corner also being the Northeast corner of Boykin West, a

subdivision of the City of Lumberton, Hardin County, Texas, according to the plat thereof

recorded in Volume 3, Page 166A, Plat Records, Hardin County, Texas and also being in

the West line of Boykin Place, Units 2 & 3, a subdivision of the City of Lumberton, Hardin

County, Texas, according to the plat thereof recorded in Volume 3, Page 165, Plat

Records, Hardin County, Texas;

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THENCE SOUTH 80/55'28" WEST, between the tract herein described and the said

40.0158 acre Birch Place tract, for a distance of 808.17 feet to the a point for corner

(unable to set due to drainage ditch), said point being the Southeast corner of said River

Birch Place, Phase I, Section IIA;

THENCE NORTH 09/04'32" WEST, between the tract herein described and the said River

Brich Place, Phase I, Section IIA, for a distance of 200.00 feet to a 5/8" iron rod set for

corner, said iron rod being in the North right of way line of Winding Brook Drive (50 foot

right of way);

THENCE SOUTH 80/55'28" WEST, along and with the Northerly line of Winding Brook

Drive, passing at a distance of 30.49 feet a 5/8" iron rod with cap stamped "RPLS 3636"

found for an exterior ell corner of said River Birch Place, Phase I, Section IIA, and

continuing for a total distance of 45.49 feet to a 5/8" iron rod set for corner, said iron rod

being in the East right of way line of River Birch Circle (50 foot right of way);

THENCE NORTH 09/04'32" WEST, along and with the Easterly line of River Birch Circle,

for a distance of 130.00 feet to a 5/8" iron rod set for corner, said iron rod being in the

South line of River Birch Place, Phase I, Section IIB, according to the plat thereof recorded

in Volume 4 Page 76-76A, Plat Records, Hardin County, Texas;

THENCE NORTH 80/55'28" EAST, between the tract herein described and the said River

Brich Place, Phase I, Section IIB, passing at a distance of 15.00 feet a 5/8" iron rod with

cap stamped "RPLS 3636" found for the Northeast corner of said River Birch Place, Phase

I, Section IIA, and continuing for a total distance of 908.35 feet to a 5/8" iron rod set for

corner, said iron rod being in the West line of Boykin Place, Unit 1, a subdivision of the City

of Lumberton, Hardin County, Texas, according to the plat thereof recorded in Volume 3,

Page 163, Plat Records, Hardin County, Texas;

THENCE SOUTH 00/20'00" WEST, along the boundary line between the tract herein

described, the said Boykin Place, Unit 1 and the said Boykin Place, Units 2 & 3, for a

distance of 334.50 feet to the POINT OF BEGINNING and containing 6.4654 acres,

more or less;

NOW, THEREFORE, Birch Place One, LTD, a Texas Limited Liability Partnership

(the "Declarant"), hereby makes this Phase I, Section IIIA, Supplemental Declaration under

and in accordance with the provisions of the Declaration.

The Declarant, being the owner of the above described 6.4654 acre tract, which is

out of and a part of the 40.0158 acre "Future Development Tract I" described in the

Declaration and referenced upon the Phase I Plat, has caused said 6.4654 acre tract to

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be subdivided and platted into an addition to the City of Lumberton, Hardin County, Texas,

known and to be known as River Birch Place, Phase I, Section IIIA, an Addition to the City

of Lumberton, Hardin County, Texas (“River Birch Place Phase, I, Section IIIA”), in

accordance with the Final Plat of said River Birch Place Phase, I, Section IIIA, prepared

by Mark W. Whiteley and filed for record in the office of the County Clerk of Hardin County,

Texas, in Plat Records; and, acting under and pursuant to the provisions of the

Declaration, the Declarant hereby brings said 6.4654 acre tract of land within the scheme

of the Declaration and within the jurisdiction of the Association, and said River Birch Place,

Phase, I, Section IIIA, shall henceforth constitute a part of the “Addition”, as defined in the

Declaration.

II.

The Declarant hereby and herewith adopts the Final Plat of River Birch Place Phase

I, Section IIIA (the “Phase I, Section IIIA Plat”) and does hereby dedicate the easements

for street and utility purposes shown and reflected upon the Phase I, Section IIIA Plat and

does hereby impose upon the Lots in River Birch Place Phase I, Section IIIA, the basic

restrictions and blanket easements set forth upon the Section I, Phase IIIA Plat.

III.

As herein and hereby modified and supplemented, all of the provisions, covenants,

conditions, restrictions and reservations set forth and contained in the Declaration, together

with all of the blanket easements reserved, granted or created by the Declaration, are

hereby extended and made expressly applicable to the 6.4654 acre tract herein and hereby

subdivided, platted and declared as River Birch Place Phase, I, Section IIIA; and all of such

property shall be held, sold and conveyed subject to the easements, provisions, covenants,

conditions, restrictions and reservations set forth in the Declaration, as modified and

supplemented hereby, and to the easements and basic restrictions set forth and reflected

upon the Phase I, Section IIIA Plat. All of the aforementioned easements, provisions,

covenants, conditions, restrictions and reservations, as modified and supplemented

hereby, shall constitute covenants running with the land and shall be binding upon all

parties having any right, title or interest in said 6.4654 acre tract, or any part thereof, and

upon such parties respective heirs, successors, legal representatives, devisees, lessees

and assigns, and shall inure to the benefit of such parties and their respective heirs,

successors, legal representatives, devisees, lessees and assigns.

IV.

As to the Lots in River Birch Place, Phase I, Section IIIA, the following Sections of

Article VIII of the Declaration, are hereby modified and amended to read as follows:

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Section 15. Minimum Square Footage Requirements.

No one story or split level dwelling shall be permitted in which the living floor

area of the main structure (including enclosed utility and storage rooms, but

excluding open porches, carports and garages) shall be less than two

thousand one hundred (2100) square feet; nor shall the first floor of any two

story or story and one-half dwelling on any Lot have less than fifteen hundred

(1500) square feet of such living area or a total of such living area of less

than two thousand one hundred (2100) square feet.

Section 17. Minimum Set Back Lines.

No dwelling structure, including attached or detached garage or other

accessory building, shall be located nearer to the front Lot line or nearer to

a side Lot line than the building set back line shown on the recorded plat or

plats of the Addition. No dwelling structure, including any attached or

detached garage or other accessory building, shall be located nearer than

twenty-five feet (25’) to the rear line of any Lot.

Section 18. Minimum Interior Line Setback.

Unless otherwise shown on the plat, no one-story dwelling shall be located

nearer than seven and one-half feet (7 ½) to any interior Lot line; and no one

and one-half story, two-story, or two and one-half story dwelling be located

on any Lot nearer than seven and one-half feet (7 ½’) to any interior Lot line.

An unattached garage or other accessory building permitted hereunder may

be located not nearer than two and one-half feet (2.5’) from an interior Lot

line and not nearer than two and one-half feet (2.5’) to the rear Lot line,

provided that such garage or accessory is attached only by a breeze way or

skywalk.

Section 19. Garage and Outbuilding.

(a)Garages are not required to be detached but, if the garage is detached it

shall be built in the back of the primary residence, and must be at least 60

feet back from the front property line of that lot. Garages may be as close as

two and one-half (2 ½) feet from side lot lines providing that it does not

encroach on an easement. No basketball or other types of goals may be

placed within 60 feet of the front property line of a lot. Garages built with a

side entry or entry from a street adjacent to the street which the residence

faces must be built with dormers facing the driveway.

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(b)The placement and construction of any other shop or outbuilding must be

approved by the Architectural Control Committee.

Section 22. Fences, Walls, Etc. (a) All properties will be fenced to a height

of eight (8) feet. All fences shall be made of wood unless otherwise approved

by Architectural Control Committee. The location and construction plans for

fences shall be submitted to the Architectural Control Committee. The fence

designs and locations must be approved by the Architectural Control

Committee at their sole discretion.

(b) No fence, wall, hedge, structure or other improvements (including, without

limitation, a swimming pool, tennis court or other recreational facility) shall be

constructed, erected, placed, altered or permitted on any Lot except as

approved by the Committee in accordance with the earlier provisions of this

Declaration. No privacy fence or like screening device shall be located nearer

to the front Lot line than the front of the dwelling, nor, if on a corner Lot, shall

any privacy fence or like screening device be located nearer to the

street-side Lot line than the side of the dwelling. No hedge, tree or other

planting shall be permitted on any corner Lot which obstructs lines of sight

at elevations of between two feet (2’) and six feet (6’) above the adjacent

private drives within the triangular area formed by the street-side property

lines of the Lot and a line connecting them at points twenty-five feet (25’)

from the intersection of the street-side property lines of such Lot. No tree

shall be permitted to remain within such triangular area unless the foliage

line is maintained at sufficient height to prevent obstruction of such lines of

sight.

Section 29. Yards. (a) Each owners shall expend not less than $2,000.00

for plants in front of homes. All front yards (and all yards which can be seen

from the street or not enclosed by privacy fencing) of all dwellings must be

solid sodded and landscaped in a manner having the prior approval of the

Architectural Control Committee before the dwelling is occupied as a

residence. Any builder constructing any improvements upon any Lot will be

personally liable to complete and pay for such sodding and landscaping. No

exterior Christmas lights or decoration will be erected or displayed on any lot

between February 1 and October 31 in a year. Whether exterior lights and

decorations constitute Christmas lights or decorations within the meaning of

this provision will be determined in the sole judgment of the Architectural

Control Committee.

(b) Any owner of any lot must, prior to construction, maintain the lot, mowing

all cleared areas. Should any owner fail to maintain his lot, the Home

Owner’s Association reserves the right to mow and maintain said lot, the cost

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of which will be billed by the Association to the owner, and if unpaid, the sum

will be deemed a Lien and will be considered an assessment against the

property and if unpaid, shall be subject to Article 5, Section 8 and 9 of the

Declaration hereof.

Addition and at all times thereafter, there must be at least two (2) living River

Birch Trees in the front yard. Each tree shall be an existing tree or newly

planted tree at least six feet (6’) in height.

(d) All landscaping (including the planting of yard trees) must be approved

by the Architectural Control Committee. If landscaping is not approved prior

to installation, the Architectural Control Committee can require that it be

removed.

(e) All owners must install an underground sprinkler or watering system in all

front yard areas, including any side yards, that are not fully enclosed by a

privacy fence. The sufficiency of the yard sprinkler or watering system is

subject to the approval of the Architectural Control Committee

The modified or supplemental restrictions or limitations set forth in Part IV of this

Phase I, Section IIIA Supplemental Declaration are and shall be applicable solely and only

to the Lots in River Birch Place, Phase I, Section IIIA, and shall not in any wise be deemed

or construed to supplement, amend or modify the provisions, covenants, conditions,

restrictions and reservations of the Declaration as to any other Lots in the Addition.

Further, as modified and supplemented by this River Birch Place, Phase I, Section IIIA

Supplemental Declaration, all of the provisions, covenants, conditions, restrictions and

reservations set forth and contained in the Declaration are hereby and herewith expressly

extended and made applicable to the Lots in River Birch Place, Phase I, Section IIIA.

IN WITNESS WHEREOF, Declarant has caused this Phase I, Section IIIA

Supplemental Declaration to be executed on this _______ day of _______________2010.

BIRCH PLACE ONE, LTD.

By: _______________________________

JOAN ABSHIRE

Managing Member of General Partner,

Birch Place Development, LLC

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THE STATE OF TEXAS §

COUNTY OF JEFFERSON §

BEFORE ME, the undersigned authority, on this day personally appeared JOAN

ABSHIRE, Managing Member of Birch Place Development, LLC, General Partner of Birch

Place One, LTD, a Texas Limited Liability Partnership, in the capacity therein stated,

known to me through her Texas Driver’s License, to be the person whose name is

subscribed to the foregoing instrument, and acknowledged to me that he executed the

same for the purposes and consideration therein expressed.

Given under my hand and seal of office on this day of

2010.

_______________________________

Notary Public, State of Texas

Phase 1, Section 111A