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
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" My Commission Expires : 2 t 2
• PUBOC Q
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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
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(]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
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Project 10- 132
Page A2
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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
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