Phase-1-Section-11B

SUPPLEMENTAL DECLARATION

OF COVENANTS, CONDITIONS AND RESTRICTIONS

RIVER BIRCH PLACE PHASE I, SECTION IIB,

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 IIB, an Addition to the City of Lumberton, Hardin County, Texas (“this Phase I, Section IIB, 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 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 13.1427 acre tract or parcel of land out of the “Future Development Tract I” which 13.1427 acre tract is to be known, platted and subdivided into River Birch Place, Phase I, Section IIB, an Addition to the City of Lumberton, Hardin County, Texas, said 13.1427 acre tract of land being described as follows, to-wit:

River Birch Subdivision Phase I – Section IIB

Legal Description:

13.1427 Acre Tract or Parcel of Land

R.C. Rogers Survey, Abstract No. 46

Hardin County, Texas

BEING a 13.1427 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, said 13.1427 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 00̊20'00" WEST .

COMMENCING 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;

THENCE SOUTH 80̊55'28" WEST, along and with the Southerly line of the said 40.0158 acre Birch Place tract, for a distance of 808.17 feet to the a point for the Southeast corner of River Brich Place, Phase I, Section IIA, according to the plat thereof recorded in Volume 4, Page 66 A, Plat Records, Hardin County, Texas;

THENCE NORTH 09̊04'32" WEST, along and with the Easterly line of the said River Brich Place, Phase I, Section IIA, for a distance of 200.00 feet to a corner, said corner being in the North right of way line of Winding Brook Drive (50 foot right of way);

THENCE SOUTH 80̊55'28" WEST, along and with the Northerly line of the said River Brich Place, Phase I, Section IIA, for a distance of 30.49 feet to the a point for the corner;

THENCE NORTH 09̊04'32" WEST, along and with the Easterly line of the said River Brich Place, Phase I, Section IIA and Winding Brook Drive, for a distance of 130.00 feet to the POINT OF BEGINNING;

THENCE SOUTH 80̊55'28" WEST, continuing along and with the Northerly line of the said River Brich Place, Phase I, Section IIA, for a distance of 343.64 feet to a 5/8" iron rod with cap set for corner;

THENCE NORTH 26̊39'52" WEST, along and with the Easterly line of the said River Brich Place, Phase I, Section IIA, for a distance of 726.55 feet to a 5/8" iron rod with cap set for corner, said point also being the most Southwesterly point of River Birch Subdivision Phase I, according to the amended plat thereof recorded in Volume 4, Page 54A-55, Plat Records, Hardin County, Texas;

THENCE NORTH 87̊34'33" EAST for a distance of 359.89 feet to a 5/8" iron rod with cap found for corner, said point being along a Southerly line of the River Birch Place Subdivision Phase I tract;

THENCE NORTH 63̊20'08" EAST for a distance of 166.51 feet to a 5/8" iron rod with cap set for corner, said point being along a Southerly line of the River Birch Place Subdivision Phase I tract;

THENCE NORTH 84̊45'39" EAST for a distance of 163.62 feet to a 5/8" iron rod with cap found for corner, said point being along a Southerly line of the River Birch Place Subdivision Phase I tract also being the Southeasterly corner of Lot 4 of said River Birch Place Subdivision Phase I;

THENCE NORTH 14̊11'11"EAST for a distance of 68.24 feet to a 5/8" iron rod with cap found for corner, said point being along an Easterly line of the River Birch Place Subdivision Phase I tract and also being the Westerly right of way line of River Birch Circle Drive (50 foot right of way);

THENCE NORTH 01̊37'47" EAST for a distance of 46.14 feet to a 5/8" iron rod with cap found for corner, said point being along an Easterly line of the River Birch Place Subdivision Phase I tract and also being the Westerly right of way line of River Birch Circle Drive;

THENCE SOUTH 88̊22'13" EAST for a distance of 50.00 feet to a 5/8" iron rod with cap found for corner, said point being over and across River Birch Circle Drive right of way and also being along a Southerly line of the River Birch Place Subdivision Phase I tract;

THENCE SOUTH 01̊37'47" WEST over and across the said 40.0158 acre Birch Place tract for a distance of 51.64 feet to a 5/8” iron rod with cap set for corner;

THENCE SOUTH 14̊11'11" WEST over and across the said 40.0158 acre Birch Place tract for a distance of 56.10 feet to a 5/8” iron rod with cap set for corner;

THENCE NORTH 84̊45'39" EAST over and across the said 40.0158 acre Birch Place tract for a distance of 214.68 feet to a 5/8” iron rod with cap set for corner;

THENCE SOUTH 09̊04'32" EAST over and across the said 40.0158 acre Birch Place tract for a distance of 672.34 feet to a 5/8” iron rod with cap set for corner;

THENCE SOUTH 80̊55'28" WEST over and across the said 40.0158 acre Birch Place tract for a distance of 383.35 feet to the POINT OF BEGINNING and containing 13.1427 Acres, more or less;

NOW, THEREFORE, Birch Place One, LTD, a Texas Limited Liability Partnership (the "Declarant"), hereby makes this Phase I, Section IIB, Supplemental Declaration under and in accordance with the provisions of the Declaration.

The Declarant, being the owner of the above described 13.1427 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 13.1427 acre tract to 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 IIB, an Addition to the City of Lumberton, Hardin County, Texas (“River Birch Place Phase, I, Section IIB”), in accordance with the Final Plat of said River Birch Place Phase, I, Section IIB, 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 13.1427 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 IIB, 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 IIB (the “Phase I, Section IIB Plat”) and does hereby dedicate the easements for street and utility purposes shown and reflected upon the Phase I, Section IIB Plat and does hereby impose upon the Lots in River Birch Place Phase I, Section IIB, the basic restrictions and blanket easements set forth upon the Section I, Phase IIB 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 13.1427 acre tract herein and hereby subdivided, platted and declared as River Birch Place Phase, I, Section IIB; 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 IIB 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 13.1427 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 IIB, the following Sections of Article VIII of the Declaration, are hereby modified and amended to read as follows:

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 three thousand (3000) square feet; nor shall the first floor of any two story or story and one-half dwelling on any Lot have less than two thousand (2000) square feet of such living area or a total of such living area of less than three thousand (3000) 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. Dwellings on all Lots in Section IIB, shall be built with the front of the dwelling facing toward the community park.

Section 18. Minimum Interior Line Setback.

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.

(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.

The responsibility for drainage on Lots 9 thru 19 shall be that of the Association. The Association shall be responsible for the costs of maintenance and repair of the drainage infrastructure across Lots 9 thru 19, and an easement is reserved to the Association upon said lots for drainage and for the Association to enter upon said lots to repair and maintain the drainage.

VI.

The modified or supplemental restrictions or limitations set forth in Part IV of this Phase I, Section IIB Supplemental Declaration are and shall be applicable solely and only to the Lots in River Birch Place, Phase I, Section IIB, 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 IIB 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 IIB.

IN WITNESS WHEREOF, Declarant has caused this Phase I, Section IIB Supplemental Declaration to be executed on this _______ day of _______________2008.

BIRCH PLACE ONE, LTD.

By: _______________________________

JOAN ABSHIRE

Managing Member of General Partner, Birch Place Development, LLC

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 this ____________ day of ____________, 2008.

_______________________________

Phase 1 Section 11B