Amended Supplemental Declaration Phase 1 Section 11A

Amended Supplemental Phase 1, Section 11A

AMENDED SUPPLEMENTAL DECLARATION

OF COVENANTS, CONDITIONS AND RESTRICTIONS

RIVER BIRCH PLACE PHASE I, SECTION IIA,

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 IIA, an Addition to the City of Lumberton, Hardin County, Texas (“this Phase I, Section IIA, 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 junsdiction 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; 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 6.811 acre tract or parcel of land out of the “Future Development Tract I” which 6.811 acre tract is to be known, platted and subdivided into River Birch Place, Phase I, Section IIA, an Addition to the City of Lumberton, Hardin County, Texas, said 6.811 acre tract of land being described as follows, to-wit:

Legal Description:

6.811 Acre Tract or Parcel of Land

R.C. Rogers Survey, Abstract No. 46

Hardin County, Texas

BEING a 6.811 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 6.811 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 POINT OF BEGINNING of the tract herein described;

BEGINNING SOUTH 80̊55'28" WEST, continuing along and with the Southerly line of the said 40.0158 acre Birch Place tract, for a distance of 548.56 feet to a point for corner, said corner being the intersection of the South line of the said 40.0158 acre Birch Place tract and the East line of a proposed 80 ft. wide drainage right of way;

THENCE NORTH 26̊39'52" WEST, along and with the Easterly line of the said proposed 80.00 ft. wide drainage right of way for a distance of 699.72 feet for a point for corner, said point also being the most Southwesterly point of River Birch Subdivision Phase I 10.2856 acre tract, according to the plat thereof recorded in Volume 4, Page 43-43A, Plat Records, Hardin County, Texas;

THENCE NORTH 63̊20'08"EAST, over and across said 40.0158 acre Birch Place tract, for a distance of 108.00 feet to a point for corner, said point also being along and with the Southerly line of the aforesaid River Birch Subdivision Phase I tract;

THENCE SOUTH 26̊39'52"EAST, along the Westerly right of way line of Winding Brook Drive for a distance of 18.08 feet to an angle point, said point being in a Southwesterly line of the River Birch Subdivision Phase I tract;

THENCE NORTH 63̊20'08"EAST, along and with the Southerly line of the River Birch Phase I Subdivision tract, over and across the aforesaid 40.0158 acre Birch Place Ltd. tract, for a distance of 158.00 feet to a point found for corner;

THENCE SOUTH 26̊39'52" EAST for a distance of 420.00 feet to a 5/8" iron rod with cap for angle corner, said point being at an angle point of an Easterly and Southerly line of the River Birch Place Subdivision Phase I tract;

THENCE NORTH 80̊55'28" EAST for a distance of 343.57 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 SOUTH 09̊04'32" EAST over and across the said 40.0158 acre Birch Place tract for a distance of 130.00 feet to a 5/8" iron rod with cap set for corner;

THENCE NORTH 80̊55'28" EAST over and across the said 40.0158 acre Birch Place tract for a distance of 30.49 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 200.00 feet to the POINT OF BEGINNING and containing 6.811 Acres, more or less;

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

The Declarant, being the owner of the above described 6.811 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 6.811 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 IIA, an Addition to the City of Lumberton, Hardin County, Texas (“River Birch Place Phase, I, Section IIA”), in accordance with the Final Plat of said River Birch Place Phase, I, Section IIA, prepared by Mark W. Whiteley and filed for record in the office of the County Clerk of Hardin County, Texas, in Plat Records at Volume 4, Page 66-A, on July 20, 2007; and, acting under and pursuant to the provisions of the Declaration, the Declarant hereby brings said 6.811 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 IIA, 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 IIA (the “Phase I, Section IIA Plat”) and does hereby dedicate the easements for street and utility purposes shown and reflected upon the Phase I, Section IIA Plat and does hereby impose upon the Lots in River Birch Place Phase I, Section IIA, the basic restrictions and blanket easements set forth upon the Section I, Phase IIA 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 6.811 acre tract herein and hereby subdivided, platted and declared as River Birch Place Phase, I, Section IIA; 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 IIA 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 6.811 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 IIA, the following Sections of Article VIII of the Declaration, are hereby modified and amended to read as follows:

Section 15. Minimum Square Footage Requirements.

A. Block 4, Lots 14 - 22, Block 5, Lot 17, and Block 6, Lot 18. 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 (2000) 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 (1,500) square feet of such living area or a total of such living area of less than two thousand (2000) square feet.

B. Block 5, Lots 10 -16; Block 6, Lots 10 -17. 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 seventeen hundred (1700) square feet; nor shall the first floor of any two story or story and one-half dwelling on any Lot have less than one thousand (1000) square feet of such living area or a total of such living area of less than seventeen hundred (1700) 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. The Committee shall determine in which direction a dwelling shall face on a Lot.

Section 18. Minimum Interior Line Setback.

A. Block 4, Lots 14 - 22, Block 5, Lot 17, and Block 6, Lot 18. 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.

B. Block 5, Lots 10 -16; Block 6, Lots 10 -17. Zero Lot Line. The dwellings in these blocks shall be built directly on the Lot line on one side of the lot. However, the dwelling shall not be located nearer than 10 feet to the opposite lot line. All dwellings on these lots shall be positioned to maintain a distance of ten feet (10) between the dwellings.

Section 19.

Garage and Outbuilding.

Block 4, Lots 14 - 22, Block 5, Lot 17, and Block 6, Lot 18. 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.

Lots that are at least 90 feet in width shall have either a detached garage complying with the restrictions outlined above or the garage shall not face the street in front of the residence.

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.

(c) Fences and Gates are required between dwellings on Block 5, Lots 10 -16; Block 6, Lots 10 -17, and are to be constructed in a manner and with materials consistent with the construction of the dwelling. The location and design of the fences and Gates must be approved by the Architectural Control Committee at their sole discretion.

Section 31. Windows. Dwellings built on Block 5, Lots 10 -16; Block 6, Lots 10 -17, shall be constructed with a garden/yard area of at least ten feet (10') in width on one side of the dwelling. In order to maintain privacy, the wall of the adjacent dwelling overlooking the garden/yard area, shall not be constructed with windows lower than six feet (6') off of the ground unless the windows are made of an opaque material such as glass blocks, which does not allow for a clear view into the garden/yard of the adjacent lot. The location and construction of these windows must be approved by the Architectural committee.

Section 32. Multiple Lots; No Construction on Less Than a Platted Lot. No dwelling shall be constructed on a building site consisting of less than one (1) platted Lot. Nothing contained herein shall prohibit the construction of a dwelling on a building site consisting of more than one (1) full platted Lot, such as a building site consisting of two (2) platted Lots or one (1) platted Lot and a portion of an adjacent platted Lot, provided that, in the case of a “lot split” any replatting required by the City of Lumberton Subdivision Regulations is accomplished prior to commencement of construction on the composite building site. Any such composite site, if same meets all of the foregoing requirements, shall be deemed to constitute a “Lot” under the terms and provisions of this Declaration. However, no more than 2 lots my be combined and used for one single family residence. If 2 lots are combined for one single family residence, the lots must be side-by-side and cannot be front to back. Block 5, Lots 10 -16; Block 6, Lots 10 -17, cannot be combined or used as one residence, and one residence may not be built on two lots.

The modified or supplemental restrictions or limitations set forth in Par 4 of this Phase I, Section IIA Supplemental Declaration are and shall be applicable solely and only to the Lots in River Birch Place, Phase I, Section IIA, 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 IIA 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 IIA.

IN WITNESS WHEREOF, Declarant has caused this Phase I, Section IIA Supplemental Declaration to be executed on this _______ day of _______________2007.

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 ____________________, 2007.

_______________________________

Notary Public, State of Texas