River Oaks Property Owners, Inc.

THE STATE OF TEXAS §

§ KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF HARRIS §

WHEREAS, the undersigned persons are all presently owners of lots (which term includes any parcel of land) in Country Club Estates Addition or in River Oaks Addition, both of which are additions (collectively referred to as the “Additions”) to the City of Houston, Harris County, Texas; and

WHEREAS, pursuant to a general plan and scheme for the development and presentation of Country Club Estates Addition and River Oaks Addition as exclusive residential districts, the lands in said Additions were made subject to certain restrictions, covenants, easements and conditions (together herein sometimes called "Restrictions") by instruments recorded in the Deed Records of Harris County, Texas, and by other applicable instruments, including, but not limited to, those hereinafter described or referred to, to-wit:

Lands Covered by Restrictions Herein Extended	Harris County Deed Records Containing Resolutions or Other Instruments Setting Forth The Applicable Restrictions	Harris County Map Record Setting Forth Plats of Said Lands
COUNTRY CLUB ESTATES ADDITION	Vol. 571, p. 381	Vol. 6, p. 63

SECTIONS, BLOCKS AND ACREAGES IN RIVER OAKS ADDITION, as follows:
Sections 1 and 2	Vol. 668, p. 607, 613	Vol. 8, p. 9, 10
Section 3	Vol. 731, p. 78	Vol. 8, p. 69
Section 4	Vol. 760, p. 256	Vol. 9, p. 27
Section 5	Vol. 725, p. 498	Vol. 10, p. 18
Section 6	Vol. 1026, p. 702	Vol. 13, p. 25
Section 7	Vol. 1073, p. 631	Vol. 14, p. 38
Section 8	Vol. 1108, p. 639	Vol. 15, p. 47
Section 9	Vol. 1124, p. 3	Vol. 15, p. 75
Section 10	Vol. 1156, p. 373	Vol. 17, p. 5
Section 11	Vol. 1196, p. 162	Vol. 18, p. 14
Section 12	Vol. 1417, p. 66	Vol. 22, p. 60
Tall Timbers Section	Vol. 1111, p. 206	Vol. 15, p. 48
Block 26	Vol. 1446, p. 635	Vol. 24, p. 44
Block 41	Vol. 1038, p. 184	Vol. 13, p. 39
Block 42	Vol. 1056, p. 54	Vol. 13, p. 74
Block 50	Vol. 1004, p. 44	Vol. 12, p. 75
Block 54	Vol. 997, p. 604	Vol. 12, p. 76
Block 55	Vol. 1057, p. 205	Vol. 14, p. 3

JOHN R. SUMAN ACREAGE	Vol. 855, p. 96 Vol. 1143, p. 374 Vol. 1197, p. 359

(reference being made to each of said instruments and plats and records thereof for all relevant purposes); and also made subject to the Restrictions were several small strips or parcels of land consolidated into said lands as a part of the same under instruments executed by the corporations hereinafter mentioned and recorded subsequent to the recording of the instruments described above; said instruments listed above with reference to the John R. Suman acreage being deeds of conveyance which adopted by reference the Restrictions applicable to said Sections 1, 2, and 3 of the River Oaks Addition, the said Restrictions having been either set forth verbatim in the deeds or other instruments executed by the respective corporations subdividing and marketing said lands, or made a part of said deeds or instruments by reference; and

WHEREAS, the deeds or other recorded instruments pertaining to said lands executed by Country Club Estates Company, Country Club Estates, or River Oaks Corporation (including each and every corporation now or heretofore existing bearing the name River Oaks Corporation or River Oaks Property Owners, Inc.) adopted by reference various applicable Restrictions set out in the various respective instruments, hereinbefore described, and said deeds or other instruments likewise, in certain instances, set forth additional covenants concerning Restrictions, or the extension or renewal of same, and all of said Restrictions contained in said deeds or instruments, or made a part thereof by reference, were and are covenants running with the land; and

WHEREAS, the instruments by which the lands in said Additions and the various portion of each of said Additions were made subject to the Restrictions expressly provide that said Restrictions may be extended for an additional ten-year period beyond the expiration date thereof by the execution, acknowledgment and recordation of an extension declaration at any time during the five years next preceding the expiration date of said Restrictions, and then, similarly, for successive additional periods of ten years; and

WHEREAS, said Restrictions affecting the lands in Country Club Estates Addition and in various sections and parts of River Oaks Addition, which Restrictions would have expired for the first time on January 1, 1955, if not extended, have been previously extended and renewed, pursuant to the original general plan and scheme for the development and preservation of Country Club Estates Addition and River Oaks Addition as exclusive residential districts, until at least January 1, 2005, by duly executed and delivered instruments including those recorded in the Deed Records of Harris County, Texas, as follows:

Vol. 2011, p. 416
Vol. 2011, p. 423
Vol. 2011, p. 502
Vol. 2097, p. 1
Vol. 2097, p. 159
Vol. 4508, p. 62
Vol. 4508, p. 74

and including those filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. D908434, and recorded under Film Code No. 163-32-2322 of the Official Public Records of Real Property, Harris County, Texas, those filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. J433568 and recorded under Film Code No. 077-90-0977 of the Official Public Records of Real Property, Harris County, Texas, and those filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. N799470 and recorded under Film Code No. 106-55-1524 of the Official Public Records of Real Property, Harris County, Texas, and those filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. P342035 and recorded under Film Code No. 165-46-0159 of the Official Public Records of Real Property, Harris County, Texas, (reference being made to each of said instruments and records for all relevant purposes); and

WHEREAS, said Restrictions affecting the lands in various sections and parts of River Oaks Addition, which restrictions would have expired for the first time on January 1, 1975, if not extended, have been previously extended and renewed, pursuant to the original general plan and scheme for the development and preservation of River Oaks Addition as an exclusive residential district, until at least January 1, 2005, by duly executed and delivered instruments including; and those filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. N799470 and recorded under Film Code No. 106-55-1524 of the Official Public Records of Real Property, Harris County, Texas, and those filed for record in the Office of the County Clerk of Harris County, Texas under County Clerk's File No. P342035 and recorded under Film Code No. 165-46-0159 of the Official Public Records of Real Property, Harris County, Texas, and

WHEREAS, by an Agreement dated January 24, 1963, and filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk’s File No. B641344 and recorded under Film Code No. 084-05-0266 of the Official Public Records of Real Property, Harris County, Texas, which is incorporated herein by reference, River Oaks Corporation assigned to River Oaks Property Owners, Inc., all of its rights relative to the Restrictions; and

WHEREAS, since January 24, 1963, River Oaks Property Owners, Inc., has been lawfully assessing and collecting maintenance fees from the lot owners and providing services to the lot owners in such Additions as authorized by the Restrictions, and subsequently by Section 204.010, et. seq., of the Texas Property Code; and,

WHEREAS, County Club Estates Addition and River Oaks Addition continue to be exclusive residential districts and first-class restricted additions, and great and irreparable loss and damage will accrue to the owners of lots in said Additions if the present residential character of said Additions is not continued and preserved and the quality of the services provided by River Oaks Property Owners, Inc., is not maintained at a high level; and

WHEREAS, the undersigned persons desire to ratify, extend, reaffirm and renew the Restrictions affecting Country Club Estates Addition and River Oaks Addition, including any amendments to the Restrictions that have been approved by the requisite number of owners of lots in said Additions and by River Oaks Property Owners, Inc., or its predecessors, so that said Restrictions, as amended, will remain in full force and effect until at least January 1, 2015;

NOW, THEREFORE, in consideration of the premises and the execution hereof by each other party hereto, and for the purpose of continuing the original general plan and scheme for the development and preservation of said Additions as exclusive residential districts, we, the undersigned persons, being the present owners of a majority of the square foot area in the lots in Country Club Estates Addition, the present owners of a majority of the square foot area in the lots in River Oaks Addition, including Sections 1 through 9, and Blocks 26, 41, 42, 50, 54 and 55, the present owners of a majority of the lots in Section 10 of River Oaks Addition, the present owners of a majority of the square foot area of the lots in Sections 11 and 12 of River Oaks Addition and the present owners of a majority of the lots in Tall Timbers Section of River Oaks Addition, acting pursuant to the terms and provisions of the instruments imposing said Restrictions on said Additions and their respective sections, do hereby ratify, extend, renew, reaffirm and readopt all of said Restrictions to which Country Club Estates Addition or River Oaks Addition or any portion of each of said Restrictions set out by reference or otherwise in the recorded instruments above mentioned, all subject to any applicable reservations set out in said instruments, and also any amendments to the Restrictions that have been adopted by the requisite number of owners of lots in said Additions and by River Oaks Property Owners, Inc., or any of its predecessors, such extension to be for an additional period of ten (10) years from and after January 1, 2005 so as to continue and hold said Restrictions in full force and effect until at least January 1, 2015, and same shall be binding upon and effective as covenants running with the land affected thereby, until at least January 1, 2015, to the full extent that we, the undersigned, may do so by this written declaration; provided, however, that the execution and acknowledgement of this declaration by the undersigned shall in no way prejudice or waive the right of the undersigned to further renew and extend said Restrictions pursuant to law or to the terms of the instruments imposing said Restrictions in said Additions. It is the intention and desire of the undersigned to ratify, extend, renew, reaffirm, readopt and otherwise continue in full force and effect all of said Restrictions now imposed on the lots in said Additions and on all other property now or hereby made subject to the same to the full extent that we may do so by this written declaration. For the same consideration and purpose mentioned above, the undersigned do hereby covenant and agree as follows:

1. That we, the undersigned, each and all of us, do hereby severally agree that all Restrictions to which River Oaks Addition or Country Club Estates Addition, either or both, are subject may be extended from and including January 1, 2005, to January 1, 2015, by the execution, acknowledgment and recordation of this declaration by us between the dates of December 31, 1999, and January 1, 2005, and may be extended for successive additional periods of ten (10) years by the execution, acknowledgment and recordation of a similar declaration at any time during the five (5) year period next preceding such ten (10) year period; that the provisions concerning extensions set out in said instruments above mentioned so provided; and that the District Court of Harris County, Texas, in Cause No. 380,109, styled J. A. Neath, et al. v. Claude F. Morgan, et al, by judgment recorded in Volume 2137, page 375, of the Deed Records of Harris County, Texas, having found, adjudged and decreed as is agreed to in the foregoing portion of this paragraph (1), such judgment and this declaration shall not limit or be limited by each other but shall be cumulative and in addition to each other.

2. That the River Oaks Property Owners, Inc., its Officers and Directors, its and their successors or survivors and each of them are hereby authorized in its, their or our names or in our behalf, as the successor to the River Oaks Corporation, to (a) file, prosecute and defend such suits for interpretation of the provisions concerning the Restrictions which now apply or will apply by virtue of this extension to the lands mentioned above, and such other suits to enforce the restrictions to which said lands are subject, and to enforce such Restrictions each as said corporation, Officer, Directors, its and their successors, or survivors or any of them deem necessary or advisable and (b) to continue to assess and collect such maintenance fees as the Officers and Directors deem necessary or advisable in order to maintain such Additions in first class condition. With respect to such enforcement of the Restrictions and the collection of such maintenance fees, all prior acts and resolutions of such corporation affecting same are hereby ratified and confirmed and the authority of such corporation to enforce such Restrictions and to collect such maintenance fees as the Officers and Directors deem necessary and advisable is hereby ratified and reconfirmed by the lot owners and extended until at least January 1, 2015 and may be extended for successive additional periods of ten (10) years in the same manner as the Restrictions as provided above.

3. That all instruments mentioned or referred to in this declaration and agreement by reference thereto, and any record thereof, are incorporated herein for all relevant purposes; that invalidation by a judgment or decree of any court of competent jurisdiction or by any other means of any of the Restrictions extended hereby shall in no wise affect any other Restriction which has been so renewed and extended by the terms hereof, all of which remaining Restrictions shall be and remain in full force and effect pursuant to the terms hereof.

4. That the Certificate of Resolution ("Resolution") of River Oaks Property Owners, Inc., dated December 13, 1984, filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk's File No. J828457 and recorded under Film Code No. 002-76-1364 of the Official Public Records of Real Property, Harris County, Texas, which is incorporated herein by reference, is hereby ratified and incorporated herein, and this extension of the term of the Restrictions to which River Oaks Addition or Country Club Estates Addition are subject does not extend, and is not intended to extend, any invalid racial restrictions, and any such reference to invalid racial restrictions is deleted, and any restriction pertaining to race is null and void, invalid, unenforceable, and is hereby removed from the Restrictions.

5. That this declaration and agreement may be ratified by any person or persons having an interest in the subject matter hereof by the execution of a separate agreement of ratification which shall have the same force and effect as if said person so ratifying had executed this instrument or some other duplicate original.

6. That the undersigned persons do hereby severally covenant, represent and warrant that we are the owners of the lots, parts of lots, acreage and square footage in said Additions as shown opposite our respective signatures hereto, that we have the full right and authority to execute this instrument and to bind the lots, parts of lots and acreage owned respectively by each of the undersigned in said Additions, that all of the parties executing and acknowledging this declaration and agreement did so during the five (5) year period next preceding January 1, 2005, that the terms hereof shall extend to and be binding upon all parties hereto and their respective heirs, personal representatives, successors and assigns.

IN TESTIMONY WHEREOF the parties hereto have executed and acknowledged this written declaration and agreement in multiple counterparts, each of which shall constitute an original hereof for all purposes and all of which shall constitute but one and the same instrument, on the respective dates of the acknowledgment of each such party hereto, in order that such written declaration and agreement may be recorded in the Office of the County Clerk of Harris County, Texas.