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195961De 25 02.13.25 Order Approving Settlement And Plat Reconfiguration. Amended 2

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Category Settlement > Post-Settlement Filings
Confidence high
Reason Court order approving settlement agreement and plat reconfiguration
Original File 195961de_25-02.13.25-_order_approving_settlement_and_plat_reconfiguration._amended_2.pdf
File Type PDF
Source gmail-export
195961de_25-02.13.25-_order_approving_settlement_and_plat_reconfiguration._amended_2.pdf

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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

JONATHAN SWEATMAN, Plaintiff / Counterclaim Defendant,

CIVIL ACTION NO.

STSV2021001929

y SARAH ZEEMAN,

Defendant /

Counterclaim Plaintiff.

ORDER APPROVING SETTLEMENT AND PLAT RECONFIGURATION

Plaintiff Jonathan Sweatman (“Plaintiff Sweatman”) and Defendant Sarah Zeeman

(“Defendant Zeeman”), (collectively hereinafter referred to as the “Parties”) entered into a settlement agreement, resolving all claims in the above-referenced matter. The Court, having reviewed and approved the settlement agreement, hereby finds as follows:

WHEREAS, Plaintiff Sweatman is the record holder of legal title and interest in certain

real property located in DeKalb County, Georgia and more particularly described as follows (hereinafter “2746 Grove Street’):

ALL THAT Tract or parcel of land lying and being In Land Lot 240 and 241, 18th District, DeKalb County, Georgia, being Lot 2, GROVE PLACE, according to plat

which is recorded in Plat Book 96, Page 9, DeKalb County, Georgia Records, said plat by this reference being incorporated herein and made a part hereof for a more complete description; said property being Improved property known as 2746 Grove

Street, according to the present system of numbering houses in DeKalb County, Georgia.

WHEREAS, Defendant Zeeman is the record holder of legal title and interest in the

adjacent property, also located in DeKalb County, Georgia and more particularly described as follows (hereinafter “2740 Grove Street”):

All that tract or parcel of land lying and being in Land Lot 240 and 241 of the 18th District of DeKalb County, Georgia, and being Lot 1 of Grove Place Subdivision, with any improvements thereon, as per plat of survey recorded in Plat Book 96, Page 14, DeKalb County, Georgia Records, which plat is incorporated herein by

this reference. WHEREAS, Plaintiff Sweatman asserted claims against Defendant Zeeman including, but

not limited to, injunctive relief and abatement of alleged encroachments from Defendant Zeeman’s Property

onto

Plaintiff

Sweatman’s

Property.

In

response,

Defendant

Zeeman

asserted

counterclaims including, but not limited to, a declaration of the boundary line between the two properties. WHEREAS, Pursuant to a settlement agreement, which has been approved by this Court,

the Parties agreed to relocate the adjoining boundary line between 2746 and 2740 Grove Street, as depicted on that certain Lot Reconfiguration Plan prepared by Gaddy Surveying & Design, Inc (“Lot Reconfiguration Plan’). A true and correct copy of the Lot Reconfiguration Plan is attached hereto as Exhibit “A” and incorporated herein by reference. Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that the property line

adjoming the two properties identified above as 2746 and 2740 Grove Street shall be moved consistent with the Lot Reconfiguration Plan, which shall be approved by the City of Brookhaven and DeKalb County and recorded as the final plat for 2746 and 2740 Grove Street in the DeKalb County Real Property Records. The Lot Reconfiguration Plan, as approved, shall run with the land. IT IS FURTHER ORDERED AND ADJUDGED that any existing non-conformities

located on 2746 Grove Street, as depicted on the Lot Reconfiguration Plan, may remain on this

property so long as said existing non-conformities remain consistent with their current state and condition.

IT IS FURTHER ORDERED AND ADJUDGED that this case shall be administratively stayed until the Lot Reconfiguration Plat is approved and recorded as the final plat for 2746 and 2740 Grove Street and the requisite settlkement documents are executed, at which time this case shall be dismissed.

IT IS FURTHER ORDERED that the Clerk of Court shall record this Order in the DeKalb County Real Property Records. IT IS SO ORDERED, this

day of

, 2025.

Honorable LaTisha Dear Jackson

DeKalb Superior Court, Division 7 DeKalb Judicial Circuit

Consented to and agreed to by:

Consented to and agreed to by:

ROSE LITIGATION, LLC

MCLAIN & MERRITT, P.C.

By: /s/

By: /s/

Lisa K. Rose

Brett Michael-Schiff Ledermeier

Georgia Bar No. 614204

Georgia Bar No.

Attorney for Plaintiff Jonathan Sweatman

Attorney for Defendant Sarah Zeeman

4880 Lower Roswell Road

11625 Rainwater Drive

Suite 165-522

Suite 125

Marietta, Georgia 30068

Alpharetta, Georgia 30009

Telephone: (678) 806-8188

Telephone: (404) 365.4564

Lisa@roselitigation.lawyer

bledermeier@mmatllaw.com