12-092.01 Spokane County: Appleway Trail Parklets AMENDMENT NO. 1 to the INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY
AND CITY OF SPOKANE VALLEY REGARDING MULTI-USE TRAIL ALONG A PORTION
OF FORMER MILWAUKEE RAIL RIGHT-OF WAY
THIS AMENDMENT NO. 1 pertains to the INTERLOCAL AGREEMENT BETWEEN SPOKANE
COUNTY AND CITY OF SPOKANE VALLEY REGARDING MULTI-USE TRAIL ALONG A
PORTION OF FORMER MILWAUKEE RAIL RIGHT-OF WAY dated June 27, 2012. This
amendment,is made and entered into by and between Spokane County,a political subdivision of the State of
Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane,
Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal
corporation of the State of Washington, having offices for the transaction of business at 10210 E. Sprague
Avenue, Spokane Valley,Washington 99206,hereinafter referred to as"CITY,"jointly hereinafter referred to
as the"PARTIES." The PAR FIES agree to the following modifications to the Agreement:
I. SECTION No.2: DEFINITIONS is hereby superseded and replaced in its entirety with the following:
Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY
regarding the joint use of a portion of the Milwaukee Right-of-Way for a multi-use trail and other
potential linear park.
Appleway Trail. "Appleway Trail" means the City of Spokane Valley Appleway Trail and all
associated and related Appleway Trail park amenities, fixtures and improvements. Such amenities,
fixtures, and improvements are limited to the improved non-motorized thoroughfare, stormwater
facilities for collecting on and incidental offsite water, and all existing and future landscaping,
irrigation, lighting,signage,restrooms and benches.
City: "CITY"means the City of Spokane Valley.
County:"COUNTY"means Spokane County.
Milwaukee Right-of-Way: "Milwaukee Right-of-Way", and also referred to as the "Milwaukee
ROW", means those parcels of property owned by Spokane County and acquired by quitclaim deed
from Richard B. Oglivie as Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific
Railroad Company, dated December 17, 1980, and recorded in Auditor's File Number 8012230081,
records of Spokane County.
Portion of Milwaukee Right-of-Way: Portion of Milwaukee Right-of-Way means that portion of the
Milwaukee Right-of-Way located within the City of Spokane Valley,namely from the easterly right-
of-way line of University Road to where the Milwaukee Right-of-Way intersects with the jurisdictional
limits of the City of Spokane Valley.
II. All references to "Multi Use Trail" and "Potential Linear Park" are hereby deleted and replaced with
"Appleway Trail,"and where both such terms are used together, only one term of"Appleway Trail"shall be
used in their place. As an example, the phrase "The purpose of this Agreement is to reduce to writing the
PARTIES' understandings and responsibilities regarding the use of the Portion of Milwaukee ROW for a
Multi-Use Trail and Potential Linear Park."becomes"The purpose of this Agreement is to reduce to writing
the PARTIES' understandings and responsibilities regarding the use of the Portion of Milwaukee ROW for the
Appleway Trail."
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III. Paragraph A.1 of SECTION NO. 5: PARTIES RESPONSIBILITIES / COMMITMENTS is hereby
amended as follows:
1. Allow the use of the Portion of the Milwaukee ROW for the Appleway Trail for the term of this
Agreement. The COUNTY hereby agrees to process any necessary permits for Appleway Trail
improvements in a timely manner pursuant to its standard permit processing procedures,including but
not limited to sewer connection permits for restrooms. Such use shall be subject to any easements,
encumbrances,exceptions,and reservations of record on the Milwaukee ROW.
IV. Paragraph A.4 of SECTION NO. 5: PARTIES' RESPONSIBILITIES/COMMITMENTS is deleted in
its entirety and replaced with the following paragraph A.4:
4. Grant limited non-motorized access through appropriate documents such as license agreements to
property owners adjoining the north and south Portions of the Milwaukee Right-of-Way so they can
access the Appleway Trail. The COUNTY authorizes the CITY to issue license agreements for limited
access and use of Portions of the Milwaukee Right-of-Way. Such license agreements shall be restricted
to activities which provide commercial or recreational amenities to the Appleway Trail. This
authorization is conditioned on each license agreement applicant meeting certain design and location
criteria as shall be mutually agreed upon by the COUNTY and CITY, as determined by the Chief
Executive Officer (CEO) for the COUNTY, and the City Manager for the CITY, which may be
amended as needed by the CEO and City Manager. These criteria shall include a requirement for
review of each license application by the Spokane County Senior Director of Public Works,or his/her
authorized representative. Any license agreement issued by the CITY shall further be subject to all
restrictive conditions pursuant to Section 5(C)of this Agreement regarding primacy of the COUNTY
use for utility purposes.
V. Paragraph B.4 of SECTION NO. 5: PARTIES RESPONSIBILITIES/COMMITMENTS is hereby
amended as follows:
4. Assume the sole responsibility and expense for all maintenance and operation of the Appleway
Trail subsequent to its construction, to include all amenities, fixtures and improvements and all
utility payments including but not limited to sewer charges associated with installed restrooms,and
all assessments, including but not limited to stormwater charges, for the property resulting from
and directly related to construction and operation of the Appleway Trail. Upon the commencement
date of the Agreement, to be responsible for weed control, garbage abatement, and similar light
maintenance of the Portion of the Milwaukee Right-of-Way. This responsibility shall continue
with regard to the Portion of the Milwaukee Right-of-Way adjacent to the Appleway Trail. The
COUNTY grants the CITY express permission for such purpose. PARTIES recognize the necessity
of maintaining not only the Appleway Trail but the adjoining right-of-way in good condition so it
is an asset to the entire community.
VI. The following paragraphs B.5 and B.6 are added to SECTION NO. 5:PARTIES' RESPONSIBILITIES/
COMMITMENTS:
5. The CITY shall keep files on all license agreements granted by the CITY pursuant to Section
5(A)(4), and shall collect the associated annual fees and leasehold tax from all such licensees. The
CITY shall be responsible for negotiating,collecting,and conferring license fees to the COUNTY in
compliance with RCW 43.09.210(3) and RCW 82.29A and the CITY agrees to indemnify the
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COUNTY for any violation of these statutes. The CITY shall provide a copy of each such license
agreement to the COUNTY within 30 days of its completed execution.
6. In December of each year,the CITY shall send the total annual license agreement fees and leasehold
tax collected by the CITY during the preceding year to the COUNTY.
VII. Paragraph C.2 of SECTION NO. 5: PARTIES' RESPONSIBILITIES /COMMITMENTS is hereby
amended as follows:
2. PARTIES agree to coordinate the location of the Appleway Trail and all aspects thereof such as
landscaping, stormwater facilities,park amenities,lighting, and restrooms to best fit with current and
future uses of the Portion of the Milwaukee Right-of-Way. In the event of a disagreement as to the
location,COUNTY's determination as to location shall control. All improvements in conjunction with
the Appleway Trail must allow for continuous, uninterrupted equipment access by COUNTY to the
sewer manholes for maintenance and cleaning. If any portion of the constructed Appleway Trail needs
to be removed or relocated for the COUNTY to operate, repair, or maintain its public utility
infrastructure and appurtenances as they presently exist or as they may be expanded or improved in
the future to include transmitting reclaimed water,the CITY will be responsible at its sole expense for
reconstructing or relocating that portion of the Appleway Trail to include paved pathway,gravel sub
grade, and any landscaping disturbed by the COUNTY or its contractors or other public agency. In
the event the corridor is needed for location of mass transit facilities, the COUNTY will not be
responsible for the cost of relocating the Appleway Trail. COUNTY commits to working in good faith
to attempt to minimize damage to the Appleway Trail during the COUNTY's operation, repair, or
maintenance of its public utility infrastructure and appurtenances as they presently exist or as they may
be expanded or improved in the future to include transmitting reclaimed water. The PARTIES agree
that installation,maintenance,and operation of the Appleway Trail and associated improvements,such
as utility infrastructure, including but not limited to water, electricity/lighting, stormwater facilities,
and restrooms, are limited solely to those purposes, and that no third-party utility company may
otherwise use the Right-Of-Way to provide service to other neighboring parcels. Therefore, such
installation shall not be construed as approval by either PARTY for other third-party use of the
Milwaukee Right-of-Way except as otherwise provided herein and to serve the Appleway Trail.
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IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year
opposite their respective signatures.
DATED: -17' 202 3 BOARD OF COUNTY COMMISSIONERS
OF cOMMishi OF SPOKANE COUNTY,WASHINGTON
ATTEST: � of......... .Z �►
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Clerk of the Board j ° ,4 • ° i hair
inna Vasquez Vice-Chair
2 3 - 0 0 3 9
• .proved .s to form.
Commissioner
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S+ I ane County Prosecutor's Office 10A/lA ( )CfLOL9-""6
Commissioner
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Commissioner
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DATED: e 3 CITY OF SPOKANE VALLEY
A FI EST:
ohn Hohman, City Manager
Approved as to form:
Office oft Ci �
h' ttorney
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NO. 23 " 0O3 9
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF EXECUTING AN )
AMENDMENT TO THE INTERLOCAL )
AGREEMENT BETWEEN SPOKANE COUNTY ) RESOLUTION
AND THE CITY OF SPOKANE VALLEY )
REGARDING A MULTI-USE TRAIL ALONG A )
PORTION OF FORMER MILWAUKEE RAIL )
RIGHT-OF-WAY [RESOLUTION NO. 12-0453] )
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane
County, Washington is a class A county duly organized and existing; and,
WHEREAS, pursuant to the provisions of RCW 36.01.030, the powers of Spokane
County can only be exercised through the Board of County Commissioners of Spokane
County, Washington ("Board" or "Board of County Commissioners"); and,
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of county property and the management of county funds and business; and
WHEREAS, pursuant to the provisions of RCW 36.68.090, counties acting through its Board of
County Commissioners, are empowered to build, construct, care for, control, supervise, improve, operate
and maintain parks,playgrounds,bicycle and bridle paths and other recreational area: and
WHEREAS, pursuant to RCW 36.34.340, any county or city may acquire by purchase, gift,
devise, bequest, grant or exchange title or any interest or rights in real property for park or recreational
purposes.
WHEREAS, pursuant to chapter 39.34 RCW (Interlocal Cooperation Act) counties and cities
may contract with each other to perform certain functions which each may legally perform;and
WHEREAS, Spokane County acquired a parcel of property by a Quit Claim Deed from Richard
B. Oglivie as Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company,
dated December 17, 1980, and recorded in Auditor's File Number 8012230081, records of Spokane
County,commonly referred to as the"Milwaukee Right-of-Way"; and
WHEREAS, Spokane County and City of Spokane Valley entered into an interlocal agreement
authorized by Resolution No. 12-0453 ("Agreement") for a portion of the Milwaukee Right-of-Way
located within the City of Spokane Valley, namely from the easterly right-of-way line of University Road
to where the Milwaukee Right-of-Way intersects with the jurisdictional limits of the City of Spokane
Valley for a multi-use trail and potential linear park (Appleway Trail), acknowledging and recognizing
the County's use of the Milwaukee Right-of-Way for the purpose of constructing,operating,repairing and
maintaining public utility infrastructure and appurtenances thereto owned or controlled by the County as
well as other potential uses of the right-of way to include mass transit; and
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WHEREAS, both Spokane County and City of Spokane Valley would like to amend the
Agreement to include, among other matters,the following:
a. Authorization of the City of Spokane Valley to issue license agreements allowing non-
motorized access to adjoining property owners for limited access and use of portions of the
Milwaukee right-of-way to provide commercial and/or recreational amenities to the
Appleway Trail. Negotiating, collecting and conferring license agreement fees which are to
be given to Spokane County and indemnifying the County in regards to these fees.
b. Assumption by the City of Spokane Valley of all expenses for the maintenance and operation
of the Appleway Trail including all utility charges, property assessments resulting from the
Appleway Trail, weed control, garbage abatement and maintenance of Appleway Trail and
the County owned property adjoining the trail in good condition so it is an asset to the entire
community.
c. The City of Spokane Valley will keep all improvements from blocking the continuous,
uninterrupted equipment access of Spokane County to the sewer manholes for maintenance
and cleaning. If the City of Spokane Valley's Appleway Trail needs to be moved for
Spokane County's utilities then the City of Spokane Valley will move it at their cost.
d. Spokane County commits to working in good faith with the City of Spokane Valley to
attempt to minimize the damage to the Appleway Trail during the County's operation,repair,
or maintenance of its public utility infrastructure and appurtenances as they presently exist or
as they may be expanded or improved in the future to include transmitting reclaimed water.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washington, pursuant to the provisions of RCW 36.32.120(6) and RCW 36.68.090, that either
the Chairperson of the Board or a majority of the Board be and is hereby authorized to execute that
document entitled "AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN SPOKANE
COUNTY AND CITY OF SPOKANE VALLEY REGARDING MULTI-USE TRAIL ALONG A PORTION
OF FORMER MILWAUKEE RAIL RIGHT OF WAY"pursuant to which Spokane County and the City of
Spokane will amend that Agreement executed under Resolution No. 12-0453 as more particularly set for
in the recitals set forth herein above.
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PASSED AND ADOPTED this / 7 t-k-L. day of J�n'"--4- , 2023.
���OMMv\NI BOARD OF COUNTY COMMISSIONERS
//� O e , Ss� 1l OF SPOKANE COUNTY, WASHINGTON
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1� s i� MARY L. Y, CH R
ATTEST: ll 4;• 8...SEAL
/n ✓.JOSH KERNS, VICE-CHAIR RL ' auez l/�L? 0
Clerk of the Board
AL RENCH, COMMISSIONER
CiAIVOL"LA-D
AMBER WALDREF, COMMISSIO
CIAL..-1---'-CHRIS JORDAN, C C}7J\
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