Settlememt Offer.1.26.23 Ocr¶

4880 Lower Roswell Road, Suite 165-522 Marietta, GA 30068

www.roselitigation.lawyer

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ROSE LITIGATION

lisa@roselitigation.lawyer 678-806-8188

January 26, 2023 VIA ELECTRONIC TRANSMISSION

Brett Ledermeier McLain & Merritt, PC 11625 Rainwater Drive

Suite 125 Alpharetta, Georgia 30009

bledermier@mmatllaw.com

Re:

Jonathan Sweatman v. Sarah Zeeman In the Superior Court of DeKalb County Civil Action File Number 21CV9795

Offer of Settlement Subject to O.C.G.A.§ 24-4-408

Dear Mr. Ledermeier: My client rejects Ms. Zeeman’s last offer of settlement and instead proposes the following counteroffer for Ms. Zeeman’s consideration, which includes the following material terms: I.

Mr. Sweatman agrees to sell and convey a portion of his real property to Ms. Zeeman which will reconfigure the property line. The area to be conveyed commences at the rebar pin at the street end of the Grove Street County easement, between 2740 and 2746, and extends to and includes the area of land where the first paneled section of the current fence is located (to be relocated to create a new return as detailed below) but not including the existing post that is located between the first and second fence sections. The reconfigured property line will then extend towards Mr. Sweatman’s house by a distance that allows the existing gate and fence posts, and their support concrete bases, to remain on Mr.

Sweatman’s side of the reconfigured property line (approximately 6 inches from the current posts as measured towards 2740). To achieve this new boundary line, Mr. Sweatman agrees, at his own costs, to remove and relocate the first section panel of the current fence inward towards Mr. Sweatman’s house, to align with the current post installed next to his gate. Mr. Sweatman will then reattach the return, to connect the first fence panel with the second existing panel, at the existing

second post, within 30 days of the parties’ execution of this Agreement. The area of land to be conveyed to Ms. Zeeman is further depicted in the photographs attached hereto.

(Please note that the total area cannot be seen in one photograph but requires looking at the photographs on BOTH sides of the existing fence return section). The parties agree that Survey Land Express, Inc. will depict and memorialize the new boundary line after Mr. Sweatman’s relocation of the fence, to commence, 6 inches from the post adjacent to the gate, to create the new boundary line point of origin.

At Ms.

Zeeman’s expense, the surveyor will prepare new surveys and legal descriptions for both real properties affected. Ms. Zeeman will instruct Survey Land Express, Inc. to send complete copies of surveys and legal descriptions for both 2740 and 2746 to Mr. Sweatman.

In consideration of Mr. Sweatman’s conveyance of title to Ms. Zeeman, Ms. Zeeman

agrees to pay Mr. Sweatman the lump sum amount of $6,000.00 and Ms. Zeeman further agrees to remediate the HVAC condensate outflow, the outflow under the garden window and the 3 gutter downspouts on the side of her house adjacent to Mr. Sweatman’s property, so as to prevent HVAC condensate, outflow water, and/or gutter downspout rainwater, from flowing into the area between the parties. This may be achieved by installing drainage pits similar to the design approved by the City

of Brookhaven, with no less surface area than 3 square feet (e.g. 12 inches wide by 36 inches long or 18 inches wide by 24 inches long) and no less than 18 inches deep, for a

total volume of no less than 4.5 cubic feet, directly below each gutter downspout (Exact placement relative to the gutter downspout may vary to accommodate for surface or underground obstructions, but placement must allow the gutter downspout to “daylight” and discharge slightly above the surface of the drainage pit, and to capture all of the water from the gutter downspout) The pits should be filled with a “river rock” or “drainage rock” material and may be enclosed with garden edging to prevent drainage rock from washing

away. The HVAC condensate and the outflow from under the garden window may be piped into any of these gutter downspout drainage pits. (Images to show style, size, rock product, etc. attached hereto) Alternatively, Ms. Zeeman may follow the recommendations of a licensed hydrologist.

All work is to be completed within 90 days of the date of the executed settlement

agreement. Mr. Sweatman will permit access by an insured contractor to his property, if needed, to install the water flow solution(s).

In addition, Ms. Zeeman permits Mr. Sweatman access to her property for two limited instances: (1) when he effectuates the settlement agreement and relocates the first panel of the fence and the return and (2) when his contractor re-stains the entire fence along the property line.

6.

The parties agree that the fence, once relocated, belongs to, and is owned by Mr. Sweatman. Ms. Zeeman may not attach to nor tie into Mr. Sweatman’s fence; but rather she may construct a fence to abut the fence picket to the left (as seen from Grove Street) side of the second fence post, at the front part of the fence and she may also construct her fence to abut the fence picket by the rear-most corner post. In addition, Ms. Zeeman agrees her counsel will draft the settlement agreement and all conveyance deeds and Ms. Zeeman agrees to cover any and all costs and expenses associated with the settlement, including but not limited to: the surveyor’s costs to prepare and distribute new surveys depicting the updated boundary line and the new legal descriptions for both affected properties, all replating and/or recording costs related to the survey and new legal descriptions and conveyance deed, and to prepare and file any and all permits and/or variance applications that are required by City of Brookhaven and/or DeKalb County related to the revised boundary line agreement for both affected properties. Ms. Zeeman acknowledges and agrees that she has no claim for adverse possession as it relates to the 2 HVAC units and their concrete pads, garden window and area related to the fence as currently located along the original boundary line. She waives any and all claims for adverse possession. Ms. Zeeman agrees she has no damages from the alleged water runoff from Mr. Sweatman’s property, from whatever source, as alleged in the litigation, nor any of the damages from lights or cameras, any mental anguish, harassment, medical bills, etc., or any other damages as claimed in her countersuit.

1. All parties agree they may maintain their security cameras; however, the cameras shall be

placed and secured so that they do not have a view into the neighboring house, their windows, or backyards. 11. Mr. Sweatman will ensure that when the current fence corner post upon which two Ring

cameras are mounted is removed per section 2 of this agreement, that the cameras will be attached to the revised fence in such a manner as to ensure they have a field of view with the same coverage that the current placement affords, and they will continue to not be angled to see into Ms. Zeeman’s house, windows, or backyards. Once both parties have moved and/or secured their cameras, each will provide to the other images from their cameras to verify their field of view, no later than 45 days from execution of the Agreement. 12. All parties agree to mutually release each other from all claims raised and that could have

been asserted in the litigation. 13. All parties agree to dismiss their claims with prejudice.

14. All parties agree to an indemnification provision.

1. All parties agree to a confidentiality provision.
2. All parties agree to a non-disparagement provision and an anti-harassment provision.

Please call me with any questions regarding this offer of settlement. Sincerely,

Lisa Rose CC:

Jonathan Sweatman, via electronic transmission David Atkinson, david.atkinson@swittcurrie.com Jeff Banks, banksnriedel@hotmail.com Tim Mitchell, tmitchell@cmlawfirm.com

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