Settlement And Mutual Release.V1 Redlined Lkr¶

SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (“Agreement”) dated as of ____, 2025 (the “Effective Date”), is entered between JONATHAN SWEATMAN, (collectively, the “First Party” or “Sweatman”) and SARAH ZEEMAN ( Party” or “Zeeman”) (collectively, the “Parties”). “Sweatman” and “Zeeman” shall refer to the Parties, individually, and for any assignee, transferee, or successors and/or assigns thereof. Zeeman shall specifically include Stewart Title Guaranty Company, the insurer for Zeeman.
Background Sweatman is the fee simple owner of property commonly known as 2746 Grove Street, , DeKalb County, Georgia 30319 (hereinafter, the “Sweatman Property”). Zeeman is the fee simple owner of the property commonly known as 2740 Grove Street, , DeKalb County, Georgia 30319 (hereinafter, the “Zeeman Property”). The boundary of the Sweatman Property adjoins the Zeeman Property on its boundary. A boundary line dispute arose between Sweatman and Zeeman as to the location of the property line between the Sweatman Property and the Zeeman Property. On November 12, 2021, Sweatman initiated litigation seeking, amongst other causes of action, injunctive relief and abatement of the alleged encroachments from the Zeeman Property onto the Sweatman Property, which was filed in the Superior Court of DeKalb County, State of Georgia, Civil Action File No. 21CV9795 (hereinafter, the “”).
On January 13, 2022, Zeeman filed her Answer to the Lawsuit, denying the allegations, and brought counterclaims seeking a declaration as the boundary line of the Zeeman Property, injunctive relief to abate alleged water runoff from the Sweatman Property onto the Zeeman Property, and, amongst other causes of action, trespass and nuisance. The Parties hereto resolved all controversies between them regarding the boundary line between the Sweatman Property and Zeeman Property and all other claims/causes of action, and without in any way conceding the validity or sufficiency of any claim, contention, or allegation of any or all of the Parties, now desire to fully compromise, finally settle, and fully release all claims, disputes, and differences between the Parties related to the Litigation.

ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS:

Background. The recitations in the above background section are incorporated into this Agreement as if set forth fully herein.

Resolution of the Issues/Property. The Parties agree to resolve the claims and disputes between them as follows:

Boundary Line/Lot Reconfiguration Agreement. In consideration for this Settlement Agreement, the Parties have agreed to a designate the boundary line between the Sweatman Property and Zeeman Property as shown on the Lot Reconfiguration Plat prepared by Gaddy Surveying & Design, Inc. (hereinafter, the “Lot Reconfiguration Plat”). A true and correct copy of the Lot Reconfiguration Plat is attached hereto as Exhibit “1” and incorporated herein by reference. In connection with the Lot Reconfiguration Plat, Sweatman shall convey a portion of the Sweatman Property to Zeeman, via Quitclaim Deed, so as to establish the new boundary line (hereinafter, the “Sweatman Conveyance Deed”). A true and correct copy of the Sweatman Conveyance Deed is attached hereto as Exhibit “2” and incorporated herein by reference. Pursuant to the Parties Agreement, and to effectuate the Lot Reconfiguration Agreement, properly establishing the DeKalb County Real Property Records, Sweatman and Zeeman shall each execute a Quitclaim Deed to themselves, evidencing the respective properties new legal descriptions which shall incorporate the Lot Reconfiguration Plat by reference (hereinafter, the “Corrective Conveyance Deeds”). True and correct copies of the Corrective Conveyance Deeds are attached hereto as Exhibit “3A” and Exhibit “3B”. The Parties acknowledge and agree that the Lot Reconfiguration Plat must be approved by the City of Brookhaven and DeKalb County prior to the execution of the Sweatman Conveyance Deed and the Corrective Conveyance Deeds. The Parties acknowledge and agree that they each have the right to access and maintain their respective, resultant properties as shown on the Lot Reconfiguration Plat.

Zeeman Lender; Modification of Collateral. In consideration for this Settlement Agreement, Zeeman acknowledges and agrees that Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Atlanta, LLC (hereinafter, the “Zeeman Lender”), is the holder of a security deed on the Zeeman Property as evidenced by the security deed recorded at Deed Book , Page 340, DeKalb County, Georgia Records (hereinafter, the “Zeeman Security Deed”). Zeeman further acknowledges and agrees to inform the Zeeman Lender of the Sweatman Conveyance Deed and Lot Reconfiguration Plat and perform any and all necessary tasks that the Zeeman Lender may require so as to reform and/or modify the Zeeman Property legal description contained in the Zeeman Security Deed. In connection with the reformation/modification of the Zeeman Security Deed, Sweatman acknowledges and agrees that, if necessary, he will cooperate with and provide any information the Zeeman Lender may require so as to ensure that the DeKalb County Real Property Records accurately reflect the Zeeman Property and Sweatman Property.

Recordation of Boundary Line/Lot Reconfiguration Agreement and Quitlaim Deeds. Upon receipt of the approved, recorded Lot Reconfiguration Plat, which shall be approved by the City of Brookhaven and DeKalb County, with the DeKalb County Tax Assessor adjusting the Sweatman Property and Zeeman Property pursuant to the approved Lot Reconfiguration Plat, Sweatman shall execute the Sweatman Conveyance Deed and the Parties shall execute their respective Corrective Conveyance Deeds. Upon receipt of all of the fully executed original Sweatman Conveyance Deed and Corrective Conveyance Deeds, counsel for Zeeman shall submit said executed original Deeds, along with the necessary Forms PT-61, together with all Exhibits thereto, to the Office of the Clerk of Superior Court of DeKalb County, Georgia, together with all appropriate fees and costs, to be paid by Zeeman, with instructions for the Clerk to properly file and record the same in the Real Property Records of DeKalb County, Georgia, cross-referencing the Lot Reconfiguration Plat, and to return the recorded original Deeds and Lot Reconfiguration Plat to counsel for Zeeman. Upon receipt of the recorded original Sweatman Conveyance Deed, Corrective Conveyance Deeds, and Lot Reconfiguration Plat back from the Clerk’s office, counsel shall submit a copy of the same to counsel for Sweatman via e-mail, facsimile or first class U.S. mail.

Sweatman Property Fence. Within sixty (60) days of receipt of the Lot Reconfiguration Plat, which was provided on , 2025 Sweatman shall relocate fence which relocation shall require the fence to be located within the Sweatman Property, as amended by the Lot Reconfiguration Plat. In connection with the fence relocation, Sweatman shall provide written notice to Zeeman no than ten (10) days in advance of the fence relocation. The Parties acknowledge and agree that Sweatman shall, within reason, be entitled to go on the Zeeman Property for the limited purpose of relocating said fence. The Parties further acknowledge and agree that, in connection with the fence relocation, the fence posts, which are stabilized and supported by poured concrete, must be removed. Sweatman shall ensure that the Zeeman Property, upon removal of the fence posts, is returned to like condition. In the event Sweatman, elects to stain the fence, as relocated, Sweatman, shall provide no less than ten (10) day notice of the date and time the fence is to be stained and, in connection with staining the fence, Sweatman, shall be entitled to access the Zeeman Property for the limited purpose of applying the stain to the Sweatman property Fence.

In the event Sweatman elects to install a fence between the dwellings located on the Sweatman Property and Zeeman Property, which fence shall be limited to a four (4) , removable black fence If the four (4) f, removable black fence is installed and notice is provided that the fence will interfere with scheduled maintenance of the Zeeman Property, Zeeman shall provide written notice to Sweatman of the scheduled maintenance and a written request to remove the aforementioned fence for the limited purpose and limited period of time required to maintain and/or repair the Zeeman Property.

Zeeman Property Downspout Water Mitigation. In consideration of this Agreement and resolution of the Litigation, Zeeman shall install three (3) gravel pit drainage systems, each of which shall be located at the base of the three (3) downspouts located on the Zeeman Property dwelling adjacent to the boundary line between the Zeeman Property and Sweatman Property

Artificial Redirection of Water. The Parties hereby expressly agree and acknowledge that they shall not artificially change the natural flow of water and/or redirect water onto the Parties’ respective properties.

Video Recordings. The Parties hereby expressly agree that there shall be no cameras located on the Parties’ respective properties that are angled, directed, or otherwise relocated that face the other party’s property. For clarity, Zeeman shall not have any cameras on the Zeeman Property are angled, directed, or otherwise relocated that face the Sweatman Property and Sweatman shall not have any cameras on the Sweatman that are angled, directed, or otherwise relocated that face the Zeeman Property.

Dismissal. Within ten (10) days of delivery of the Sweatman Conveyance Deed, Corrective Conveyance Deeds, and Lot Reconfiguration Plat and Settlement Funds, the Parties shall cause their counsel to file a Mutual Dismissal With Prejudice (“Mutual Dismissal”). A true and correct copy of the Mutual Dismissal is attached hereto as Exhibit “” and incorporated her