Book 17417 Page 1174 7pgs Doc# 20150158931 Crimea "tins .. . NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR ANY OR ALL OF THE FOLLOWING INFORNIATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUNIBER OR YOUR LICENSE NUMBER. SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR THAT RITTIMAN ROAD JOINT VENTURE, a Texas general partnership comprised of John A. Colglazier, Carl R. Olson, Richard P. Corrigan, John Worsham (successor in interest to Charles G. Davis, Jr., deceased), Ward Adkins (successor in interest to Charles G. Davis, Jr., deceased), Bertrand O. Baetz, Jr., Robert White Marshall, Bill Gray, Don I. Redwine (successor in interest to Kyle C. Redwine, deceased), Reagan Houston, IV (individually and as successor in interest to the Estate of Reagan Houston, deceased), Lyles Houston, deceased (successor in interest to Reagan Houston, deceased), and Robert M. Dullnig (?Grantor?), for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt and suf?ciency of which are hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto HEB GROCERY COMPANY, LP, a Texas limited partnership (?Grantee?), whose address is 646 Flores Street, San Antonio, Texas 78204, that certain tract of land totaling approx'nnately 39.161 acres located at Rittiman Road and FM 7 8, in the City of San Antonio, Bexar County, Texas, being more particularly described on Exhibit attached hereto and incorporated herein by reference (the ?Land?), together with any and all improvements situated on the Land (the ?Improvements?); and all right, title and interest of Grantor, if any, in and to any and all appurtenances, strips or gores, roads, easements, streets, alleys, drainage facilities and rights?of-way bounding the Land; all utility capacity, utilities, water rights, licenses, permits, entitlements, and bonds, if any, and all other rights and bene?ts attributable to the Land; and all rights of ingress and egress thereto (collectively, the ?Additional Interests?) (the Land, Improvements and any Additional Interests are hereinafter collectively called the ?Property?). This conveyance is made and accepted subject only to those certain matters set forth on Exhibit attached hereto and made a part hereof (the ?Permitted Exceptions?), to the extent that same are valid and enforceable against the Property. THE PROPERTY IS CONVEYED TO GRANTEE AND WITH ALL FAULTS, AND EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH 6 OF THAT CERTAIN REAL ESTATE CONTRACT OF SALE DATED EFFECTIVE MAY 5, 2015 BETWEEN GRANTOR AND GRANTEE AND THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN (COLLECTIVELY, THE REPRESENTATIONS AND GRANTOR NO WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LINIITED TO, THE AVAILABILITY OF ACCESS TO PUBLIC ITS PHYSICAL, ENVIRONNIENTAL, SUB-SURFACE WATER, AND SOIL THE QUALITY OR CONDITION OF THE THE NATURE AND EXTENT OF ANY SERVITUDES, RIGHTS OF WAY, ENCUMEBRANCES, LICENSES, RESERVATIONS, CONDITIONS OR OTHERWISE. 06200701337 222632 v2 GRANTEE HAS CONDUCTED OR CONDUCT ITS OWN INDEPENDENT INSPECTION OF THE PROPERTY AND HAS ELECTED NOT TO RELY ON ANY REPRESENTATIONS THAT MAY HAVE BEEN MADE BY GRANTOR (EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES), BUT RATHER, AS A SIGNIFICANT PORTION OF THE CONSIDERATION GIVEN TO GRANTOR, HAS AGREED TO BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR EVALUATING THE CONDITION OF THE PROPERTY. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES, NO WARRANTY HAS BEEN OR WILL BE EXPRESSED OR IIVIPLIED BY GRANTOR. GRANTOR EXPRESSLY DISCLAIMS ANY WARRANTY OF HABITABILITY, GOOD AND WORKNIANLIKE CONSTRUCTION, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRANTEE ACKNOWLEDGES THAT THE TANKS AND DEBRIS (AS SUCH TERM IS DEFINED IN THAT CERTAIN FIRST AMENDMENT TO REAL ESTATE CONTRACT OF SALE DATED EFFECTIVE AUGUST 3, 2015 (THE HAVE BEEN REMOVED FROM THE PROPERTY BY GRANTOR IN ACCORDANCE WITH THE FIRST ANIENDMENT. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee and Grantee?s successors and assigns forever, subject to the matters set forth herein; and Grantor does hereby bind Grantor and Grantor?s successors to WARRANT AND FOREVER DEFEND all and singular the Property unto the Grantee, Grantee's successors and assigns against every person whomsoever claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Ad valorem taxes and assessments attributable to the year 2015 have been prorated between Grantor and Grantee as of the date of this Special Warranty Deed. [Signature page follows] 062007.013? 222632 v2 er EXECUTED as of the day of August 2015. GRANTOR: RITTIMAN ROAD JOINT VENTURE, a Texas general partnership new . Maltth {lent A. Colglazier, Carl R. Olson, Managing Venturer THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on this j; of August 2015, by John A. Colglazier, as Managing Venturer of Rittiman Road Joint Venture, a Texas general partnership, on behalf of said general partnership. mrni sion Expires: (jg/0.21% :30 Nota'??Pu?lic, Stat? of Texas 4 p. DOUGLAS BECKER Notary Public THE STATE OF TEXAS STATE OF TEXAS 1' 2 COWTY OF BEXAR 1 0 My Comm. 519. oatzaizots .. . This instrument was acknowledged before me on this day of August 2015, by Carl R. Olson, as Managing Venturer of Rittiman Road Joint Venture, a Texas general partnership, on behalf of said general partnership. i?ali?pim$ Notary PuWState of Texas BECKER Public 3 8 Golden Steves Cohen Gordon LLP My TATE OF TEXAS . a I Comm, 5 . 300 Convent Street, Suite 2600 San Antonio, Texas 78205 Attn: Ami E. Gordon AFTER RECORDING MAIL TO: 06200101337 222632 v2 EXHIBIT LEGAL DESCRIPTION OF THE LAND FIELDNOTE DESCRIPTION FOR A 39.161 acre, or 1,705,838 square feet more or less, tract of land being all of that tract described in deed to Rittirnan Road Joint Ventures recorded in Volume 3090, Page 1566; Volume 3090, Page 1580; Volume 3103, Page 641; and Volume 3103, Page 646 of the Of?cial Public Records of Bexar County, Texas. Said 39.161 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA2011) epoch 2010.00; BEGINNING: THENCE: THENCE: THENCE: At a set 1/2 inch iron rod with yellow cap marked ?Pape-Dawson? on the north right?of~way line of Seguin Road, RM. 78, a 120-foot right-ofmway, the southwest corner of Lot 4. Block 2, New City Block 17628 NAPA Subdivision recorded in Volume 9515, Page 86 of the Deed and Plat Records of Bexar County, Texas, the southeast corner of the herein described tract; 62?29'01" W, along and with the north right?of?way line of said Seguin Road, a distance of 617.93 feet to a set 1/2 inch iron rod with yellow cap marked ?Pape?Dawson? at the northeast corner of a tract described in deed to Vinnie Bilotto and Joe S. Lopez and Raquel V. Lepez recorded in Volume 6581, Page 189 of said Of?cial Public Records, an angle point for the herein described tract; 89?58'49" W, departing the north right-of?way line of said Seguin Road, along and with the north line of said Vinnie Bilotto tract, the north line of Lot 4, Block 2, Villa Vargas Subdivision recorded in Volume 9549, Page 55 of said Deed and Plat records, the north line of Lot 8, Block 2, New City Block 17630, Asian Hope Subdivision recorded in Volume 9660, Page 5 of said Deed and Plat Records, a distance of 1306.22 feet to a set 1/2 inch iron rod with yellow cap marked ?Pape?Dawson? at the southeast corner of a tract described in deed to BTI Limited Partnership recorded in Volume 9206, Page 311 of said Official Public Records for the southwest corner hereof; Departing the north line of said Let 8, along and with the east line of said BTI Limited Partnership tract, the west line of the herein described tract, the following bearings and distances: 17?18'56" E, a distance of 439.86 feet to a found 1/2 inch iron rod for the beginning of a curve to the right; Northeasterly, along a curve to the right, said curve having a radius of 551.91 feet, a central angle of a chord bearing and distance of 34?24'36" E, 324.47 feet, for an arc length of 329.33 feet to a found 1/2 inch iron rod; THENCE: HENCE: 51?18'51" E, a distance of 319.35 feet to a found 1/2 inch iron rod for the beginning of a curve to the left; Northeasterly, along a curve to the left, said curve having a radius of 346.00 feet, a central angle of a chord bearing and distance of 06?16?38" B, 488.49 feet, for an arc length of 542.32 feet to a found 1/2 inch iron rod; 38?37?33" W, a distance of 70.60 feet to a set 1/2 inch iron rod with yellow cap marked ?Pape?Dawson? on the south right?of?way line of Rittiman Road, a 110~foot right?of?way, the northeast corner of said BTI Limited Partnership, the northwest corner of the herein described tract; 72?42?18" E, along and with the south right?of-way line of said Rittiman Road, a distance of 1338.59 feet to a set 1/2 inch iron rod with yellow cap marked ?Pape~Dawson? at the northwest corner of Lot 3, Block 2, New City Block 17628 of said NAPA Subdivision; Departing the south right?of-way line of said Rittirnan Road, along and with the west line of said NAPA Subdivision, the east line of the herein described tract, the following bearings and distances: Southwesterly, along a curve to the left, said curve having a radius of 50.00 feet, a central angle of a chord bearing and distance of 8 62?07'12" W, 70.71 feet, for an arc length of 78.54 feet to 3 found 1/2 inch iron rod for an angle point; 17?07'12" W, a distance of 165.37 feet to a found 1/2 inch iron rod for the beginning of a curve to the left; Southeasterly, along a curve to the left, said curve having a radius of 701.93 feet, a central angle of 44?41?01 a chord bearing and distance of 05?03'37" B, 533.65 feet, for an arc length of 547.42 feet to a found 1/2 inch iron rod for the beginning of a curve to the left; Southeasterly, along a compound curve to the left, said curve having a radius of 50.00 feet, a central angle of a chord bearing and distance of 72?24'07" E, 70.71 feet, for an arc length of 78.54 feet to the POINT OF and containing 39.161 acres in the City of San Antonio, Bexar County, Texas. Said tract being described in accordance with a survey made on the ground and a survey description and map prepared under job number 9030?1 5 by Pape-Dawson Engineers, Inc. PREPARED BY: Pape?Dawson Engineers, Inc. DATE: June 08, 2015 JOB NO. 9030?15 DOC. 1D. 5 FN.docx TBPE Firm Registration #470 Firm Registration #10028 8?00 EXHIBIT PERMITTED EXCEPTIONS 1. Variable width water line easement granted to Southwest Utility Company, recorded in Volume 7275, Page 909, Deed Records, Bexar County, Texas. Doc# 201 501 58931 Pages 7 08/21/2015 e-Filed e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $46.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was and in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 08/21/2015 COUNTY CLERK, BEXAR COUNTY TEXAS