Redlined Order Approving Settlement And Plat Reconfiguration. Brookhaven Consent Jtb 11.25.Redlined Lkr¶

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

AMENDED 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. On March 17, 2025, this Court entered its Order Approving Settlement and Plat Reconfiguration. The Court hereby amends the approved settlement agreement, 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. WHEREAS, the City of Brookhaven has acknowledged and consented to be bound by the Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that the property line adjoining 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 settlement 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 acknowledged as binding by: CITY OF BROOKHAVEN