Potential Buyers 

Ohio Residential Property Disclosure Form

In Ohio, sellers must disclose all known, material, and latent defects, regardless of any legal exemption or "as-is" clause, to avoid claims of fraudulent nondisclosure. While the doctrine of caveat emptor (buyer beware) still exists, Ohio case law has carved out exceptions for fraud.

“This form is required by Ohio Revised Code Section 5302.30.”

"…if this form is not provided to you prior to the time you enter into a purchase contract for the property, you may rescind the purchase contract…”

Reference:

https://com.ohio.gov/divisions-and-programs/real-estate-and-professional-licensing/salespersons-and-brokers/transaction-forms-and-disclosures/residential-property-disclosure-form

Observations by Narrows Farm LLC, subject to verification:

1. Water Supply

   • Public water supply is not present.

2. Sewer System

   • Public sewer access is not present.

3. HAZMAT

   • Sodium pentobarbital, formaldehyde, arsenic, hexavalent chromium, and PFAS are potentially in groundwater from prior pet cemetery operations.

   • PFAS is potentially in groundwater being down river from Dayton Airport per Butler Township and Ohio EPA.

   • 50 pCi/L radon level detected at 6350 Frederick Pike.  Per prior owner occupants of 6340 Frederick Pike, two most recent previous owner occupants of 6340 Frederick Pike were diagnosed with lung cancer; one died.  Radon levels are unknown for other than 6350 Frederick Pike, being the only currently occupied structure.

4. Drainage/Erosion

   • Landlocked 5 acres owes the cemetery for past and ongoing costs of shared driveway drainage repairs, which drainage issues have contributed to at least one human fatality per prior owner occupant.

   • Culvert for access to 5 acres clogged, contributing to water logging of shared driveway foundation, which contributed to structural failure of shared driveway; culvert therefore removed; expenses owed to cemetery.  

   • Whereas the shared driveway is in a ravine (“narrow”) on lower wet ground, it has a history of sinking/drainage/freezing over issues contributing to vehicle collisions, particularly at the bottom of the hill going across Frederick Pike, causing a car to hydroplane leading to the death of a driver.  Freezing over of the driveway and across Frederick Pike toward Stillwater River is also common and has contributed to several vehicle collisions.  There is a failed drainage system under the driveway, which leaks out for days after a big rain and occasionally freezes over down the hill.  Ditches and culverts occasionally clog and freeze over the driveway (see pictures attached).  Any snow on the driveway hill going down to Frederick Pike and the Stillwater River may conceal ice or otherwise prevent a vehicle or person from stopping.

5. Zoning/code issues

   • Landlocked properties are nonconforming with Butler Township Zoning Regulations in not having the minimum required road frontage for any legal use or construction.

   • Per Butler Township Zoning Regulations, nonconforming uses place burden on the surrounding area which devalues properties, evident by sale prices and foreclosures of properties which share the same driveway as the landlocked properties (included below).  The intent of zoning is to not unconstitutionally take an active use, but end nonconforming uses upon willful end of use.  This makes the land only valuable to those who can provide road frontage, which provides a lawful end of the burdens of landlocked properties and shared driveway issues upon willful end of legal use.  This is constitutional as after the willful end of use the landlocked property owners are able to sell the lot for fair compensation, while having willingly purchased said property knowing it is landlocked.

   • The willful end of residential use of 6340 Frederick Pike, the landlocked 1.25 acres, was in 2023, evident by satellite images and end of trash service and natural gas service on file with utility companies and township.

   • The willful end of any known use of the landlocked 5 acres (no address) was approximately 50 years ago, evident by satellite images and documentation on file with Butler Township Zoning.

   • A permit for an addition on the structure on 6340 Frederick Pike, as landlocked property, even when continuously inhabited, was rejected per the prior owner occupant (since deceased).

   • A permit for construction on the 10-acre lot and landlocked 5-acre lot on file with Butler Township was not approved, but fell into bankruptcy and foreclosure, followed by change in ownership of the lots.

   • To attempt a nonconforming land use, would be going against both zoning regulations and potentially the oldest pet cemetery in Ohio.  When a crowd and/or media have significant interest in stopping a proposed non-conforming development/construction, Butler Township Zoning has sided with the public, evident by past hearings.  A zoning variance also requires soliciting input from adjacent lot owners for consideration.

   • Property landlocked within the Narrows no longer have roadside trash service and may be lacking access to other utilities and services due to abandonment of nonconforming use(s) of landlocked property.  ORC 3734 states dumping on another’s property (for example: by Frederick Pike on cemetery property supposedly for trash pickup) may be charged as a felony, where the prior cemetery owner was fined for allowing dumping at the cemetery.  Unless permitted by Ohio EPA, and per Montgomery County Sheriff, and conversations with Butler Township Police regarding trash dumped along Frederick Pike the cemetery may not allow any dumping, including for transfer, which would likewise require a permit from the EPA the cemetery does not have for general neighborhood waste.  Ultimately the cemetery is private property, which includes right of ways for the shared driveways and Frederick Pike.

6. Proposed assessments

   • The landlocked 5 acres owes the cemetery driveway maintenance costs, which if not paid prior to any attempted use, a judgement lien may be pursued with the intent to foreclose again to collect payment.  The current owner of the 5 acres was likewise a lienholder in foreclosing against the previous owner of the 5 acres.  The owner/seller is required to disclose the obligation of contributing to a shared driveway, including what is owed from the past for the subject property, if anything currently.  If not disclosed, evidence of prior owner knowledge is available to aid in lawsuits for reimbursement.  The current owner of any property(ies) in contract with the shared driveway owe legally applicable past, current, and future shared driveway costs.  The legally applicable amount as of any date may be requested by contacting the cemetery.

   • Montgomery County recommended the shared driveway servicing the subject properties width be increased to a minimum 22 feet wide without curb and gutter, per county standards for rural streets (reference: Butler Township development application for the 5 and 10 acre lots).  The driveway also needs to be built and maintained to handle the weight of equipment used to maintain the preexisting 16” high pressure gas line (referenced in the 1928 deed which outlines terms of the shared driveway), for trash services, delivery services, and for fire department access, including to landlocked property.

   • The shared driveway lighting, which preexists all current parties' ownership, failed.  Butler Township Zoning also previously asked about addressing lighting for the shared driveway servicing the subject properties, where the previous developer, who owned the 10 acre and 5 acre lots at the time, responded street and landscape lighting will be provided and maintained with shared driveway expenses.

7. Shared Driveway

   • Multiple shared driveway easements recorded over time include approximately 0.85 acres out of the 5 acres, which also subtracts from 90% of the perimeter of the 5 acres.

   • A shared driveway agreement was recorded to allow the landlocked 5 acres to exist, in providing it legal access through the remaining surrounding 30 acres (the cemetery).  The recorded shared driveway agreement states, (scan of original agreement also included below),

“Said grantors [cemetery] agree to reserve a 15 foot strip of Ground on north side of said 5 acre tract and likewise dedicate a 15 foot strip off the south side of his 20 acre tract [part of cemetery property] which will be adjacent to said First 15 foot strip left open for road purposes so both grantors [cemetery] and grantee [landlocked 5 acres] may have egress and ingress to said tracts; all expenses of maintainence and building said roadway to be borne equally by grantors [cemetery] and grantee [landlocked 5 acres] herein.”

• The recorded agreement is “all expenses… to be borne equally” between only two parties listed, where today only two parties exist, which own the same land across mulitiple lots as the original two parties.  It is not split by number of lots, amount of use, type of use, number of uses, people, buildings, acreage, square footage, parking spaces, number of cars, whether or not a party uses it at all, ability to pay, or any other way.

• Example: if one party spends $200,000 to replace the shared driveway 22 feet wide 1,300 feet long, and $20,000 on maintenance, lighting, and snow/ice removal totaling $220,000 in a given period, the other party then owes half of $220,000 which is $110,000, which may be placed as a lien and foreclosed to collect payment with court costs and interest.

• There are no votes involved with specific driveway expenses.  It is the landowner's choice to enter and remain in said agreement by owning land part of said agreement.  If there were votes, the minority would owe whatever the majority votes and is still subject to liens and foreclosures.

• The shared driveway originated in 1928 to provide road access for the 5 acres so it may legally exist.  This was after the start of the Narrows Pet Cemetery in 1926, which was prior to this a farm with three recorded lots.  The existence and operation of the cemetery, which has existed continuously since 1926, does not present a change. 

• For cost estimating: the original shared driveway easement is 1,300 feet long and 30 feet wide; it is currently paved 18 feet wide plus retaining walls, culverts, and lighting.  It gets narrower with sections of broken concrete and gravel.  However, the county has requested it be paved 22 feet wide with a turnaround large enough for a fire truck.

• Additional shared driveway easements exist on the 5 acre property for shared benefit with a 10-acre property, which includes a 20-foot-wide driveway easement along and within the entire north edge of the 5 acres, a 40-foot-wide driveway easement within the east corner of the 5 acres, and a 10-foot-wide easement along and within the south edge of the 5 acres from Frederick Pike to “level ground”.

8. Encroachments

   • The physical shared driveway encroaches beyond legal driveway easements onto 6330 and 6350 Frederick Pike properties, whereas as much as the entire width of the paved driveway is physically outside the legal easement before reaching the landlocked properties.

   • The primary structure at 6340 Frederick Pike encroaches into the shared driveway easement.

9. Other Material Defects

   • Ruins exist from prior driveway and structure on the 5 acres last used approximately 50 years ago per public records.

Other Related Information

10. The current owner of the landlocked 5 acres acquired the 5 acres after a foreclosure lawsuit against the previous owner, both of which were real estate developers.  The prior owner proposed a residential development on the landlocked 5 acres in combination with the 10 acres to provide road frontage, evident by development plans on record with Butler Township, which were not approved.  The prior owner/partner in the development filed for bankruptcy, while the properties foreclosed.  After foreclosure, the landlocked 5 acres was acquired by the current owner who lended funds for the development, and the 10 acres “6350 Frederick Pike” was reacquired by current cemetery management.  Reference: Montgomery County Clerk of Courts, case number 2008 CV 11167 and county auditor.

11. The current owner of the landlocked 5 acres was previously sued for selling land as a buildable (as part of another development, not near the cemetery).  After 10 years after residential construction started on the lot and years in court the sale was reversed.  The two developers involved, including one who now owns the landlocked 5 acres, were held responsible for court costs.  Reference: Montgomery County Clerk of Courts, case number 2019 CV 05554. 

12. The surrounding cemetery and appurtenant animal incinerator uses are regulated and authorized by state law; reference: ORC § 961 & OAC § 3745-31-03(B)(1)(rrr)

    • The pet cemetery is deed restricted as a pet cemetery in compliance with ORC § 961, which covers appurtenant uses such as incinerators for handling of animal remains.  The Narrows Pet Cemetery also preexists state laws regulating pet cemeteries, and has continued to remain in existence, with road frontage, since 1926.

    • Animal incineration chemical and particulate emissions limits were largely eliminated in 2023 per OAC § 3745-31-03(B)(1)(rrr).  The Ohio EPA exempts incineration of 600lbs/hr of animal remains per incinerator with no limit on hours of operation.  Incinerators larger than 600lbs/hr and facilities used for infectious and zoonotic agents are subject to specific Ohio EPA approval.

    • The cemetery expects animal incineration services to be focus of services going forward, expecting 24 hour operations with multiple incinerators for timely services as currently permitted by the State of Ohio.

13. Due to previous owners of landlocked properties: dumping in the cemetery, vandalism, theft, refusing to contribute to driveway maintenance, and even pay for their own trash service (evident by past liens from township), and even possession of federally controlled substances while also in possession and discharge of a firearm within one hundred yards of a cemetery, while also discharged in direction of and within 100 yards of people on cemetery property with only brush in between, anyone involved with landlocked properties is no longer welcome on cemetery property beyond the right of way.  Landlocked properties have no river or pond access.  If a vehicle is left on cemetery property or blocking a driveway easement, even because one couldn’t make it up the driveway due to snow (which has not been plowed by landlocked properties in years), the vehicle may be towed without further warning.  Contact Sandy’s Towing at 1-800-762-4357 to retrieve your vehicle.  If a person involved with proposed use of a landlocked property enters cemetery property beyond the legal right of way, criminal trespass charges may be pursued.

14. Video surveillance may make perimeter intrusion alert sounds and sends notifications when someone enters cemetery property, including when passing through cemetery property to a landlocked property.  Alert sounds, alarms, and PA systems are audible throughout the Narrows properties.

15. Agricultural fences are energized with 7,000 volts, as authorized by ORC § 3781.1011(C)(6), which are being expanded to surround the perimeter.  If your dog can get to the cemetery fence or livestock, you have failed to control your animal and may be held responsible for injury to livestock.

16. ORC 2923.162: “(A) No person shall … (1) … discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery;”

Sample video evidence: https://www.youtube.com/watch?v=yFxzHeF1Vb0