Thu 25 Jul 2024 13 16 25 0000 Re 2740 Grove St Ne Brookhaven Ga 30319 Gaddy Survey Estim 190Ea09B 2¶

Mr. Ledermeier,

Please call me on the cell phone when you have a few minutes to update me what has occurred in the courts regarding this project (I will be back in the office after 11:30 am).

The owner sent me the following:

*Moving the line - 2 feet  8 inches
* Mr Ledermeier
Apologies for typos, typing from my phone

On Sat, Jul 13, 2024 at 1:24 PM Sarah Zeeman <szeeman@gmail.com<mailto:szeeman@gmail.com>> wrote:
Hi Frank,

This 2746 and 2740  and it a Dekalb court order to move the property line. There is nothing weird about the move of the property line 2.8 Inches. This not for a subsivion or redesigning of a neighborhood.

 It is my understanding the new survey is being paid for by the Title company and Mr. Ledermeiser will confirm if that is correct.

If there is a court ruling, I will need to reference such on the lot reconfiguration plan. Unfortunately, the change to the State Plat Act around 2014 gives the local jurisdiction authorization in changes to property lines prior to recording. Legally, as an attorney, you could deed a portion of one lot to the other lot; however, when either lot submits for any type of permit – Linda Abaray, Planning & Community Development Director would require the lot reconfiguaration plat to be reviewed and approved before allowing the permit were allowed to be issued. We have suffered from this requirement in similar situations. The main difference is the court ruling in this situation – It would be hard for the City of Brookhaven to take a stance that would be opposite of the Superior Court. Technically, both property owners would need to sign the plat – I am wondering if I could structure the plat in such a way that would indicate the court ruling in lieu of the owner’s signature block. Of course, if both parties are amenable to signing the plat – this would be of no concern. Regarding Ms. Zeeman’s comments, the city considers this type of review as a minor subdivision plat or “Lot Reconfiguration Plat” as we title the drawing. The city’s main emphasis is that the minimum zoning standards are not decreased or that any degree of non-conformity is not increased.

Al,

We will need to update the cost for Mr. Ledermeier to survey both lots. Also, remember that DeKalb County GIS requires topographic information to be included on the existing conditions sheet or they will not approve their portion of the review.

Frank Gaddy
Gaddy Surveying & Design, Inc.
 (M) 678-873-0391
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1215 Pleasant Hill Rd
Lawrenceville, GA 30044
(O) 770-931-5920  -  (F)  770-931-5903
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www.gaddysurveydesign.com<http://www.gaddysurveydesign.com/>

From: Brett Ledermeier <bledermeier@mmatllaw.com>
Sent: Wednesday, July 24, 2024 6:11 PM
To: Frank Gaddy <frank@gaddysurveydesign.com>; Joy Cooper <joy@gaddysurveydesign.com>; Al Ansley <al@gaddysurveydesign.com>
Cc: szeeman@gmail.com; jeffsbanks@hotmail.com
Subject: RE: 2740 Grove St NE, Brookhaven, GA 30319 - Gaddy Survey Estimate

Frank,

I apologize for the delay. The lots to be surveyed are the Grove Street lots. We will need the legal descriptions as well as the legal description for the portion being conveyed. It is my understanding that the impervious surface percentage requirements will not be violated with the proposed new line; the adjacent home inquired with the City of Brookhaven when he was renovating his yard. That being said, we need a quote for the project with the lot adjustment plat. You are the expert, so we will defer to you as to what is required. Also, we will be billing through McLain & Merritt assuming we move forward with the proposal.

Please let me know if you need anything else.

Brett Michael-Schiff Ledermeier
Senior Associate, Real Estate Litigation

11625 Rainwater Drive  |  Ste 125   |   Alpharetta, Ga 30009
Direct:  404.365.4564
Main: 770.200.7000
bledermeier@mmatllaw.com<mailto:bledermeier@mmatllaw.com>


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From: Frank Gaddy <frank@gaddysurveydesign.com<mailto:frank@gaddysurveydesign.com>>
Sent: Saturday, July 13, 2024 12:13 PM
To: Joy Cooper <joy@gaddysurveydesign.com<mailto:joy@gaddysurveydesign.com>>; Brett Leder