· In the deed from 1948, the U.S. Government agreed to grant the City of San Antonio rights permitting public access across the Arsenal, an operating military installation.
· The deed and the accompanying City ordinance both recognize the City’s right to abandon the Main Avenue right-of-way, at any time in the future.
· H-E-B and the City of San Antonio are aware of the deed, have reviewed it and have concluded that it does not prevent the City from closing Main Avenue.
· Because Main Avenue divided the Arsenal at that time, the U.S. Government stipulated that the right-of-way would revert back to the grantor in the deed in the event that the City decided to close Main Avenue. It is our understanding that the grantor’s rights were acquired by H-E-B as a part of the Arsenal property when it was purchased in 1982.
· Accordingly, we do not believe that any action or approval by the federal government is required for the closing of Main Avenue, the expansion of the H-E-B campus or construction of a downtown grocery store.