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HomeMy WebLinkAboutManuel Viera - Hold Harmless Agreement FILED FOR RECORD AT REQUEST OF : City of Pasco , Washington WHEN RECORDED RETURN TO : Kerr Law Group AFN n 1764944 AGREE 01 :07 PM 7025 West Grandrid e Blvd . Suite A 04106/2011 71 , Kennewick, WA 99336 Mau Beaton , Auditor Franklin co. . WA Parcel Number : 113 - 3 > 3 - 358 HOLD HARMLESS AGREEMENT MANUEL VIERA WHEREAS , an active irrigation water well with an unusually large opening and interior diameter of 3 feet and depth of approximately 140 feet , exists and is maintained upon the private real property herein described, situated within a residential district in Pasco , Washington ; and WHEREAS , occupants of the property and visitors may, due to the size of the well opening, suffer accidental death or injury in the course of servicing, repairing or maintaining the well or, conducting activity of any kind is close proximity thereto ; and WHEREAS , rescue assistance from the City of Pasco Fire Department for persons who have entered the well either intentionally during the course of well service or maintenance or unintentionally by accident, would be substantially delayed due to the need for specialized rescue equipment in the interest of rescuer safety; and WHEREAS , said active water well is situated less than 1 foot away from the structural foundation of the dwelling constructed upon the described real property; and WHEREAS , the dwelling and any structures situated proximate and adjacent to said well could be damaged or rendered unsafe and uninhabitable in the event the well or casing were to collapse , either by intentional means or unintentionally by accident; and, WHEREAS , based upon a structural analysis , completed by a professional engineer, the City is willing to issue a building permit for construction of a single- family home ; THEREFORE, NOW, THIS HOLD HARAILESS AGREEMENT (this "Agreement") is made and entered into thisA� day of , 2011 , by and between the City of Pasco , Washington, a Municipal Corporation ( "City ") , and Manuel & Ether Viera (hereinafter referred to as " Vieras ") , record owners of the real property located at 1805 North 14 "' Avenue , legally described as : Replat Foster ' s Addn S45 ' of Lot 18 & N30 ' of Lotl9 , Blk 7 , and Assessors Tax Parcel No . 113383358 ("Property") , within the City of Pasco . In consideration of the City of Pasco ' s issuance of a building permit and for other valuable consideration, the parties agree as follows : 1 . WELL MAINTAINANCE . Home construction may occur upon the above described Property , with the existing well and casing remaining in place pursuant to the professional structural analysis of the casing dated December 30 , 2010 , completed by Harms Engineering (attached hereto as Exhibit 1 ) provided : a) Vieras shall install and maintain a permanent locking cover to seal the entire opening of -the well casing with a plate steel cap of a 1/4" thickness . b) Vieras shall ensure the well piping and hoses remain separated and unconnected to any water piping supplied with domestic water from the City at all times . c) Vieras acknowledge and accept that continued existence of the well and casing upon the Property may subject current and future occupants , residents and visitors of the Property to accidental death and/or injury and damage and the structures situated thereon and adjacent thereto to damage . Vieras agree to hold the City harmless and shall assume full responsibility for such accidents and/or damages which occur as a result of the continued existence of the well upon the Property, and shall bind all future purchasers and owners of the Property to all terms and responsibilities of this Agreement . 2 . INDEMNIFICATION AND HOLD HARMLESS . Vieras and all fixture Property owners agree to defend, indemnify and hold harmless the City and Pasco Fire and Police Department from any liability, obligation, loss , damage , cost or expense (including without limitation, attorneys fees) causes of action, suits , claims , demands , or judgments of any nature or description whatsoever which may at any time be imposed upon, incurred by or awarded against the City as a result of accidental death or injury to persons or property or other claims upon the Property arising out of and associated directly with the responsibilities accepted by Vieras, or the continued existence of the well subject to this agreement, the continued existence of the well upon the Property. 3 . INSURANCE . Vieras and all future Property owners shall secure and continually maintain in full force and effect during the term of this Agreement, a policy of Homeowner ' s Liability Insurance providing coverage of not less than $ 1 , 000 , 000 . 00 aggregate and $ 500 , 000 . 00 per occurrence covering property damage and personal injury . Such homeowner ' s liability policy shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be provided to the City within thirty ( 30) days of execution of this agreement . 4 . RECORDING AND DURATION . Vieras and all future Property owners agree that this Agreement will remain in effect in full force until such time as the subject well and casing are professionally decommissioned and removed by a Washington State licensed well driller, and all such work is permitted and approved as required by the Washington State Department of Ecology . The City shall file the Agreement upon the official property record maintained by Franklin County and the Vieras agree that all future owners , successors , heirs and assigns shall be bound by this Agreement . 5 . GENERAL PROVISIONS . For the purpose of this Agreement, time is of the essence . The provisions of this agreement shall be severable by a Court of competent jurisdiction . Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment against the other . Ag Zed o an this day of 2011 CIT ,,il.crLcknowledged O , WASHINGTON RECORD PROPERTY OWNERS Gar/ Crutchfi Ma uel Nfiera City Manager Property n r r- Esther Viera Property Owner STATE OF WASHINGTON) ) ss County of Franklin ) On this day, personally appeared before me GARY CRUTCHFIELD , City Manager for the city of Pasco , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned . SUBSCRIBED and SWOR to before this day of MARC , 2011 . 4%%%% �i �r ��� � Vs. • " ° •� - Cdr N ss�0 � �'�'Oi °A "�� NOTARY PUB IC in d r the State of Washington • � • Residing at Cn " My Commission Expires : 2 t 2 • PUBOC Q � STATE OF WASHINGTON) ) ss County of Franklin. ) On this day, personally appeared before me Manuel - && Viera, record owners of real property subject to this Agreement and to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned . ,",,,,,1A®,c §SUBSCRIBED and SWORN to before this 5 - day of , 2011 . NOTARY PUBLIC in and for th St g to of Washington # � Residing at (.tl Z4 h- � r` My Commission Expires : STATE OF WASHINGTON ) ) ss County of Franklin ) On This day, personally appeared before me Ester Viera, record owners of real property subject to this Agreement and to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED and SWORN to before me this 572 � day of y-- , 20110 O.V NOTARY PUBLIC In and for th Sta e of Washington Residing at My Commission Expires : � � � o 1 as 7 .�96a .d vau i J, Harms Engineering , Inc . Consulting Engineers i i 1.632 'West Sylvester, Pasco, TA 99301 (509) 547-2679 Fax (509) 547-3767 December 30 , 2010 Mario Viera 4817 Laredo i Pasco, WA 99301 i Re : Assessment of Foundation Near Well Casing File # 10 - 132 . 1 1 1805 N . 14th Ave. , Pasco , WA i Dear Mr. Viera. This letter is in response to the City of Pasco Correction Notice, dated 12/3 /2010 regarding the new foundation adjacent to an existing 3 . 5 ft diameter by 30 ft deep concrete well casing. The new foundation for a one-story, wood-framed, single family residence was constructed adjacent to an existing 3 " thick concrete well casing. One corner of the foundation is adjacent to the well casing and the centerline is approximately 1 ft from the side of the well casing . An 18 ft and 36 ft section of foundation intersect at the corner. The 36 ft section supports the floor and roof framing. This engineering analysis compared the lateral pressure generated by the foundation with the lateral earth pressure on the concrete well casing. 1 . The maximum gravity load combination on the foundation was 845 plf which induces a maximum lateral pressure of 344 psf on the well casing at 0 . 5 ft below grade . The lateral pressure from the foundation drops to less than 3 psf at a depth of 7 ft . 20 Based on a soil density of 100 pcf and an at-rest lateral pressure coefficient of 0 . 33 , the lateral earth pressure, which increases linearly with depth, was calculated to be 27 psf at 0 . 5 ft below grade; and 385 psf at 7 ft below grade . 30 The total lateral pressure at 0 . 5 ft and 7 ft below grade is 372 and 388 psf, respectively. The load effect of the :foundation is equivalent to the soil load at 7 ft below grade. Based on this analysis the concrete well casing will not be compromised by the adjacent residential foundation . Based on the historical performance of the well casing it is not expected to collapse. Please call me at (509) 54'7-2679 if you have any questions . Ll Yours Truly, 640 ox Y • : � __ Harvey Lig ouse, P . E . ^rT= 33425 ..10 � Enclosure : Calculations t . Civil ,Structural Forensic I o - Project 10- 132 Page Al I (]1 Units OBJECTIVE : Compare lateral load of adjacent residential footing on well casing soil load on well casing . REFERENCES : I I GEOMETRY: i Ltruss := 18 • ft hwall 1Q • ft j Ljoist 10• ft approximately half of truss span i LOADS : Roof : DL := 15 • psf SL := 20- psf I i WDL := DL- Lcruss WDL = ( 135 ) • pl.f o 2 load on soil Ltruss WsL := SL, load on soil 2 Wall : DL := 15 • psf WDL := DL• hwall load on soil z 135 WDL ( 150 plf Floor: DL := 15 • psf LL := 40 • psf 135 I WD L 2 — DL List load on soil WDL, = 150 p1f 75 fl°ist load on soil WLL LL ' 2 Well casing . xmcd 12/29/2010 i Project 10- 132 Page A2 I Footing : wftg := 150 • pcf • ( 6 - in • 24 • in + 12- in -. 4 - in) 135 150 WD L = load on soil 3 WDL 75 plf wftg 200 Tdal nad : 1 — 0 . . 1ength (w DL) -- I lenath ( w ) = 4 -. o o DL ! wDL := WDL. i j I' LL := I'LL WSL := WSL Load Combinations : WDL + WLL 760 wLC := WDL + ' wSL wLC = 740 pIf I WDL + 035 ( wLL + WSL) 845 I - wLCmax = max( w'LQ = 845 • plf ANALYSIS : Calculate the applied load from the footing reaction to the well casing . Assume the footing is continuous on both sides of the well (which is conservative since the well is actually located at a corner of the footing . Use Flamants solution for horizontal soil pressure from a line load to an adjacent point of interest . 4 F• a2 z 6xfta 7T 2 2 2 - �a + z ) where a := I - ft center of footing from well casing i := 0 . . 16 index for depth z . := i • 0 .5 • ft depth below footing under consideration F := wLCmaX load from ftg applied to well casing i Well casing .xmcd 12/29/2010 o Project 10 - 132 Page A3 4 F• a2 z (T-Xftg :_ z[' • 2 2 a + z Lateral soil pressure as a function of depth is : 6xsoil = `Ysoil • z' KO where 'Ysoil 110 - pcf soil density KO 0 .5 at-rest soil pressure coefficient i 6xsoi] = `YSoiIaZ• KO Combine the total lateral soil pressure on the well casing G'xtotal C"xftg + 6x:;oil I Analysis Results : i I I 0 0 0 0 0 0 . 0 0 0 0 0 0 0 1 065 1 344 1 27 1 372 j 2 1 . 0 2 269 2 55 2 324 3 1 . 5 3 153 3 83 3 235 4 2 . 0 4 1 85 4 110 4 196 5 295 . . 5 1 511 5 137 5 : 189 6 10 6 ; 32 ' 6 165 6 197 Z = 7 3 . 5 ft �xfeg = ] 21 Psf �xsoil = 7 192 • Psf O'xtotal = 7 214 • psf I ' Fin 4. 0 8 15 8 220 8 235 4 . 5 9 11 9 247 9 ° 258 5 . 0 10 8 10 275 10 283 j 11 5 . 5 11 6 11 302 11 309 12 6 . 0 12 5 12 330 12 335 13 6 . 5 13 4 13 357 13 361 14 7 . 0 14 3 14 385 14 3.88 15 . . . 15 . . . 15 . . . 15 . . . Well casing . xmcd 12/29/2010 Projeci 10-132 Page A4 i Graphical display of combined lateral stress on well casing . f . 0 0 0 — � — 2 - z — 4 — z — 4 — z — 4 - 6 - - 6 - 6 - 8 - 8 - 8 0 100 200 300 400 0 100 200 300 400 0 100 200 300 400 07 �xsoi3 Uxtotal XfIg psf psf psf Compare maximum stresses : i2 := 14 9Xfty — 344 • psf� 9Xftgi2 3 : psf Oil Umon = 27 • psf ("xsoiti2 = 385 -.ps 6xtotali1 372 ' p: Fgxtotai, = 3 88 , ps Note that the maximum lateral soil pressure from the adjacent footing on the well I casing is 344 psf. The lateral soil pressure at 7 ft below grade is 385 psf. i The combined effect of lateral soil pressure and lateral footing pressure on the well casing at '1 ft below grade (372 psf) is equivalent to lateral soil pressure at 7 ft below grade (388 psf). i Well casing . xmcd 12/29/2010 i