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Proposed Order Approving Settlement. Plat Reconfiguration. Exhibits Ocr

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Category Settlement > Post-Settlement Filings
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Reason Court order approving settlement and plat reconfiguration with exhibits
Original File 25-03.14.25-proposed-order-approving-settlement.-plat-reconfiguration.-exhibits-ocr.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/ Lisa_K. Rose

By: /s/ Brett Michael-Schiff Ledermeier

With Express Permission Lisa K. Rose

Brett Michael-Schiff Ledermeier Georgia Bar No. 600906

Georgia Bar No. 614204

Attorney for Defendant Sarah Zeeman

Attorney for Plaintiff Jonathan Sweatman

11625 Rainwater Drive

4880 Lower Roswell Road

Suite 125

Suite 165-522

Alpharetta, Georgia 30009

Marietta, Georgia 30068

Telephone: (404) 365.4564

Telephone: (678) 806-8188

bledermeier@mmatllaw.com

Lisa@roselitigation.lawyer

PROPERTY ZONED RS-100 (CITY OF BROOKHAVEN)

SURVEYOR'S CERTIFICATION

FRONT SETBACK MAJOR: MINOR: COLLECTOR: RARSETBACK:

5 FEET 3 FEET 5 FEET a EET

AS REQUIRED BY SUBSECTION (d) OF O.C.G.A. SECTION 15-6-67, THIS PLAT HAS BEEN PREPARED BY A LAND SURVEYOR AND APPROVED BY ALL APPLICABLE LOCAL JURISDICTIONS FOR RECORDING AS EVIDENCED BY APPROVAL CERTIFICATES, SIGNATURES, STAMPS OR STATEMENTS HEREON. SUCH APPROVALS OF AFFIRMATIONS SHOULD BE CONFIRMED WITH THE APPROPRIATE GOVERNMENTAL BODIES BY ANY PURCHASER OR USER OF THIS PLAT AS TO INTENDED USE OF ANY PARCEL. FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA BOARD OF REGISTRATION FOR

MINIMUM HEATED FLOOR AREA:

2,000 Sq.Ft.

MAXIMUM BUILDING HEIGHT:

40 FEET

MINIMUM REQUIRED LOT AREA:

6,000 Sq.Ft.

MINIMUM REQUIRED LOT FRONTAGE:

100 FEET

MIN. REQ. WIDTH AT BUILDING LINE:

100 FEET

SOE INTEMIOR SETBACK:

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MAXIMUM LOT COVERAGE:

PARKING SPACE(S)/DWELLING UNIT:

PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN O.C.G.A. SECTION 15-6-67

35%

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2746 GROVE STREET- PARCEL 18-240-05-028: EXISTING AREA = 0.15 ACRES | PROPOSED AREA = 0.14 ACRES

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TOTAL AREA = 0.30 ACRE

OF THE SUPERIOR COURT

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2740 GROVE STREET- PARCEL 18-240-05-026: EXISTING AREA = 0.16 ACRE | PROPOSED AREA = 0.16 ACRE

THIS BLOCK RESERVED FOR THE CLERK

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NOTES: “CITY OF BROOKHAVEN AND DEKALB COUNTY PERSONNEL AND/OR AGENTS SHALL HAVE FREE AND TOTAL ACCESS TO

AND ACROSS ALL EASEMENTS.” PROPERTY TO BE SERVICED BY

SURVEYOR'S ACKNOWLEDGEMENT IN MY OPINION, THIS PLAT, DRAWN BY ME OR UNDER MY SUPERVISION, WAS MADE FROM AN ACTUAL SURVEY, AND IS A CORRECT REPRESENTATION OF

STANDARD USPS INDIVIDUAL MAILBOX DELIVERY.

THE LAND PLATTED AND HAS BEEN PREPARED IN CONFORMITY WITH THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW.

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ELECTRICAL SERVICE IS TO BE ABOVE GROUND

WATER AND SEWER SERVICES PROVIDED BY DEKALB COUNTY

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NO PORTION OF SUBJECT PROPERTIES ARE LOCATED WITHIN A DESIGNATED SPECIAL FLOOD HAZARD AREA

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DRAINAGE THE OWNER OF RECORD ON BEHALF OF HIMSELF (ITSELF) AND ALL SUCCESSORS IN INTEREST SPECIFICALLY RELEASES THE CITY OF BROOKHAVEN FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR FLOODING OR EROSION FROM STORM DRAINS OR FROM FLOODING FROM HIGH WATER OF NATURAL CREEKS, RIVER, OR DRAINAGE FEATURES.

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THIS PLAT HAS BEEN SUBMITTED TO AND ACCEPTED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 7

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PLAT APPROVAL

NOT ALLOWED IN DRAINAGE EASEMENTS.

BEEN APPROVED AS REQUIRED BY STATE LAW AND CITY CODES AS MEETING ALL CONDITIONS PRECEDENT TO RECORDING IN THE SUPERIOR COURT

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NOTE: STREAM BUFFERS ARE TO REMAIN IN A NATURAL AND UNDISTURBED CONDITION. NOTE: STRUCTURES, OTHER THAN APPROVED STORM STRUCTURES, ARE

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THE OWNER(S) OF THE PROPERTY (IES) OR THE LANDS THAT GENERATED THE CONDITIONS.

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THIS MAP OR PLAT HAS BEEN PREPARED AND ISSUED FOR SUBMITTAL AND APPROVAL BY THE LOCAL

THE CITY OF BROOKHAVEN NOR ABROGATION OF THE CITY OF BROOKHAVEN'S RIGHT TO SEEK REIMBURSEMENT FOR EXPENSES FROM

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INTENDED USE OF ANY PARCEL.

JURISDICTION AS IS EVIDENCED BY THE FOLLOWING APPROVALS:

FOR THE COMMON GOOD SHALL NOT BE CONSTRUED AS CONSTITUTING A CONTINUING MAINTENANCE OBLIGATION ON THE PART OF

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SUCH APPROVALS OR AFFIRMATIONS SHOULD BE CONFIRMED WITH THE APPROPRIATE GOVERNMENTAL BODIES BY ANY PURCHASER AS TO THE

OF STAFF AND DIRECTOR, IS

POTENTIALLY INJURIOUS TO LIFE, PROPERTY, OR THE PUBLIC ROAD OR UTILITY SYSTEM. SUCH EMERGENCY MAINTENANCE CONDUCTED

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CONDUCT EMERGENCY MAINTENANCE OPERATIONS WITHIN THIS

EXCAVATION, FILLING AND THE LIKE, NECESSARY TO REMEDY A CONDITION, WHICH IN THE JUDGMENT

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WATERCOURSES AS ESTABLISHED BY CITY REGULATIONS. THE CITY MAY

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EASEMENT WHERE EMERGENCY CONDITIONS EXIST EMERGENCY MAINTENANCE SHALL BE THE REMOVAL OF TREES AND OTHER DEBRIS,

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FOR THE SOLE PURPOSE OF PROVIDING FOR THE EMERGENCY PROTECTION OF THE FREE FLOW OF SURFACE WATERS ALONG ALL

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OWNER'S ACKNOWLEDGEMENT

FOR #2740 GROVE STREET

lL SARAH ZEEMAN, THE OWNER OF THE LAN