12-092 Milwaukee Rail Multi-Use TrailINTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY
AND CITY OF SPOKANE VALLEY REGARDING MULTI -USE TRAIL ALONG A PORTION
OF FORMER MILWAUKEE RAIL RIGHT -OF WAY
A? - 0346--3
THIS AGREEMENT, 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 11707 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as
"CITY," jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows.
SECTION NO. 1: RECITALS AND FINDINGS
(a) Pursuant to RCW 36.32.120(6), the Board of County Commissioners of Spokane County has
the care of COUNTY property and the management of COUNTY funds and business.
(b) Pursuant to 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 areas.
(c) 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.
(d) 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.
(e) Spokane County acquired a parcel of property by a 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, commonly referred to as the "Milwaukee Right -of- Way ".
(f) Spokane County and City of Spokane Valley desire to enter into an interlocal agreement to
use a portion of the Milwaukee Right -of —Way located within the City of Spokane Valley,
namely from University Road to where the Milwaukee Right -of -Way intersects with Corbin
Road for a multi -use trail and potential linear park, 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.
(g) Spokane County and City of Spokane Valley both recognize that having a multi -use trail
along a portion of the Milwaukee Right -of -Way will provide an important regional
alternative transportation and recreation amenity to the residents of Spokane County,
including City of Spokane Valley. The multi -use trail is included in the CITY's adopted
Bicycle and Pedestrian Maser Program. The multi -use trail would be a major link in
providing an alternative transportation network through the central portion of the City of
Spokane Valley to the City of Liberty Lake.
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Call -oq�_
SECTION NO. 2: DEFINITIONS
(a) 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.
(b) Cam: "CITY" means the City of Spokane Valley.
(c) Coun : "COUNTY" means Spokane County.
(d) Milwaukee Right-of-Way. "Milwaukee Right -of- Way ", and also referred to as the
"Milwaukee ROW ", means that parcel 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.
(e) 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 University Road to where the Milwaukee Right -of -Way intersects Corbin Road as more
particularly depicted in Attachment "A ", attached hereto and incorporated herein by
reference.
(f) Multi Use Trail. "Multi Use Trail" means an improved non - motorized thoroughfare
designed by mutual agreement of the PARTIES to be used by bicycles, walkers and
pedestrians. The PARTIES contemplate that the Multi Use Trail will be a Type 2 Pathway.
(g) Potential Linear Park. "Potential Linear Park" means that open space concept which the
PARTIES will hereinafter mutually agree upon.
SECTION NO. 3: PURPOSE
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.
SECTION NO. 4: DURATION/WITHDRAWAL
This Agreement shall commence on July 1, 2012, and run through May 31, 2042. This shall be referred to
as the "Initial Term." At the conclusion of the Initial Term, this Agreement shall automatically be renewed
for successive ten (10) year terms. All renewals shall be subject to all terms and conditions set forth herein.
This Agreement may not be terminated during the Initial Term except upon mutual agreement of the
PARTIES. Subsequent to the Initial Term, either party may terminate this Agreement for any reason
whatsoever upon a minimum of one (1) years advance notice as provided for in Section No. 8 to the other
party.
SECTION NO. 5: PARTIES RESPONSIBILITIES / COMMITMENTS
A. COUNTY'S RESPONSIBILITIES / COMMITMENTS
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1. Allow the use of the Portion of the Milwaukee ROW for a Multi -Use Trail and Potential Linear
Park for the term of this Agreement. Such use shall be subject to any easements, encumbrances,
exceptions and reservations of record on the Milwaukee ROW.
2. Consult with the CITY with regard to all future uses of that Portion of Milwaukee ROW. Provided,
the PARTIES acknowledge and agree that COUNTY owns the Milwaukee ROW and that its
determination as to any use shall be controlling.
3. Jointly with the CITY submit grant applications and accept awards for the design, construction
and /or maintenance of the Multi Use Trail wherein the CITY would be the lead agency jurisdiction.
Provided, such obligation does not commit nor prohibit the COUNTY from providing funding and
or in -kind services in conjunction with the grant applications or awards.
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 Multi Use Trail once it is constructed.
5. Revoke any licenses previously granted on the Portion of the Milwaukee Right -of -Way to the extent
the COUNTY, after consultation with the CITY, determines the licenses would negatively impact
the construction, operation or maintenance of the Multi Use Trail.
6. Allow the CITY to adopt and enforce regulations regarding the use of the Multi Use Trail so long as
they are not inconsistent with the COUNTY's ownership or use interests.
B. CITY'S RESPONSIBILITIES /COMMITMENTS
1. Assume lead agency jurisdiction in conjunction with all grant applications and grant awards for the
design, construction and/or maintenance of the Multi Use Trail. This shall include but not be
limited to administration of all grants as well as employment of architects, engineers, planners,
preparation of bid specifications, award of public works, and other contracts. Provided, however,
this obligation does not prohibit the COUNTY from voluntarily assisting the CITY upon request in
meeting these obligations.
2. Work with property owners adjoining the Multi Use Trail to relocate any of their encroachments,
including but not limited to landscaping, sprinklers, and fences, that impede the construction and/or
maintenance of the Multi Use Trail, which encroachments have not been placed in the Milwaukee
ROW under a license or permit from the COUNTY. The terminology "work with" shall not require
nor preclude the CITY from paying for the costs of relocating or removing such encroachment. It
shall require the CITY to give written notice to the property owner of the encroachment and a
reasonable time for the property owner to relocate or remove the encroachment.
3. Install removable bollards or other acceptable similarly removable obstructions at all road access
points to the Multi Use Trail to protect property owners adjacent to the Multi Use Trail.
4. Assume the sole responsibility and expense for all maintenance and operation of the Multi -Use
Trail subsequent to its construction, to include associated landscaping. 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 Multi -Use Trail once the
Multi -Use Trail is constructed. The COUNTY grants the CITY expressed permission for such
purpose. PARTIES recognize the necessity of maintaining not only the Multi -Use Trail but the
adjoining right -of -way in good condition so it is an asset to the entire community.
C. PARTIES JOINT RESPONSIBILITIES / COMMITMENTS
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1. PARTIES acknowledge that the Milwaukee ROW is presently used by the COUNTY for the
construction, operation, repair and maintenance of public utility infrastructure and appurtenances
thereto owned or controlled by the COUNTY and may be used in the future for the purpose of
transmitting reclaimed water. PARTIES also acknowledge that the Milwaukee ROW may have
other uses during the term of the Agreement including mass transit. The COUNTY's right to use
the Milwaukee ROW for public utility infrastructure and appurtenances as they may presently exist
or as they may be constructed, operated, repaired or maintained in the future to include transmitting
reclaimed water as well as mass transit shall be paramount to the use of that Portion of the
Milwaukee ROW under the terms of this Agreement.
2. PARTIES agree to coordinate the location of the Multi Use Trail and all aspects thereof such as
landscaping to best fit with current and future uses of the Portion of the Milwaukee ROW. In the
event of a disagreement as to the location, COUNTY's determination as to location shall control.
All improvements in conjunction with the Multi Use Trail must allow for continuous, uninterrupted
equipment access by COUNTY to the sewer manholes for maintenance and cleaning. If the
constructed Multi Use 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 the Multi Use 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 Multi Use Trail. COUNTY
commits to working in good faith to attempt to minimize damage to the Multi Use 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.
PARTIES agree to continue their commitment to preserve the Milwaukee ROW for the full range of
public uses, including but not limited to mass transit and public utility infrastructure and
appurtenances. The PARTIES will consider appropriate regulatory language to accomplish this
commitment.
SECTION NO. 6: LIABILITY WITH RESPECT TO HAZARDOUS WASTE
COUNTY makes no representation whatsoever regarding the condition of the Portion of the Milwaukee
Right -of Way including but not limited to its environmental condition as that term is defined in any
applicable federal, state or local ordinance, code, regulation or court order, without limitation. CITY
acknowledges that use of the Portion of the Milwaukee Right -of- Way for a Multi Use Trail is on an "as-
is" condition, with any and all patent and latent conditions.
It is understood and agreed that the CITY will excavate and perform earth- disturbing activities in
conjunction with building the Multi Use Trail. If CITY encounters any hazardous substance defined in
RCW 70.105.010, or any substance that is listed as a hazardous substance under federal law, in
conjunction with excavating or performing other earth - disturbing activities while building the Multi Use
Trail, CITY shall immediately; (i) secure or isolate such condition; (ii) stop all activity identified in
connection with such condition, and (iii) notify County's representative as soon as feasible. CITY shall
be solely responsible for performing evaluation and necessary corrective action only in regard to earth -
disturbing activities in conjunction with building the Multi Use Trail. COUNTY shall be solely
Page 4 of 11
responsible for performing evaluation and necessary corrective action only for the area adjoining the
Multi Use Trail located within the Portion of the Milwaukee Right -of —Way as required by state or federal
law.
CITY shall be responsible for the proper identification (as required by law and applicable federal, state
and local regulations) of all chemicals, compounds, or hazardous substances CITY and its subcontractors
bring on to the Portion of the Milwaukee Right -of -Way. Such identification must include identification
of health hazards, flammability, reactivity, and personal protection requirements. Identification labels
and documents must be in the English language.
CITY shall indemnify, defend and hold harmless the COUNTY from and against any and all claims,
causes of action, demands and liability associated with the existence, removal or remediation of any
Hazardous Substances that are located on the Multi Use Trail in conjunction with earth - disturbing
activities by CITY when building the Multi Use Trail, but only as to the area encompassed by the Multi
Use Trail.
COUNTY shall indemnify, defend and hold harmless the CITY from and against any and all claims,
causes of action, demands and liability associated with the existence, removal or remediation of any
Hazardous Substances that are located on the Portion of the Milwaukee Right -of -Way except in
conjunction with earth- disturbing activities by CITY when building the Multi Use Trail which shall be
the CITY's sole responsibility as provided for herein above.
SECTION NO.7 LIABILITY OTHER THAN HAZARDOUS WASTE
NOTE: This provision shall govern all liability other than Hazardous Waste which is addressed in Section
No. 6.
The CITY shall indemnify, defend and hold harmless the COUNTY, its officers and employees from all
claims, demands, or suits in law or equity arising from the CITY's intentional or negligent acts or breach
of its obligations under this Agreement with regard to constructing, operating, and maintaining the Multi
Use Trail. The CITY's duty to indemnify shall not apply to loss or liability caused by the intentional or
negligent acts of the COUNTY, its officers and employees.
The COUNTY shall indemnify, defend and hold harmless the CITY, its officers and employees from all
claims, demands, or suits in law or equity arising from the COUNTY's intentional or negligent acts or
breach of its obligations under the Agreement including, but not limited to its responsibilities for the area
adjacent to the Multi Use Trail within the Portion of the Milwaukee Right -of Way. The COUNTY's
duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the
CITY, its officers and employees.
If the comparative negligence of the PARTIES and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion
to their relative degree of negligence and the right of indemnity shall apply to such proportion.
Where an officer or employee of a party is acting under the direction and control of the other party, the
party directing and controlling the officer or employee in the activity and /or omission giving rise to
liability shall accept all liability for the other party's officer or employee's negligence.
Each party's duty to indemnify shall survive the termination or expiration of the Agreement.
Page 5 of 11
Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial
Insurance and only as necessary to make this indemnity provision enforceable with respect to claims
relating to the death or injury of CITY and /or COUNTY employees acting within the scope of this
Agreement. The PARTIES have specifically negotiated this provision.
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SECTION NO. 8: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or
other communications are received when sent by personal delivery; or (ii) the third day following the day on
which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the
CITY at the address set forth below for such party, or at such other address as either Party shall from time -
to -time designate by notice in writing to the other party:
COUNTY: Spokane County Chief Executive Officer
or his /her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his /her authorized representative
11707 East Sprague, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 9: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed and
delivered, shall be an original, but such counterparts shall together constitute but one and the same.
SECTION NO. 10: ASSIGNMENT
No party may assign in whole or part its interest in this Agreement without the written approval of the other
party.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. No
agent, employee, servant or representative of the either party shall be deemed to be an employee, agent,
servant or representative of the other party for any purpose.
SECTION NO. 12: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Page 6 of 11
SECTION NO. 13: PROPERTY AND EQUIPMENT
PARTIES acknowledge that COUNTY owns the Milwaukee ROW. All improvements make under this
Agreement in conjunction with the Multi Use Trail shall remain the property of the CITY until
termination of the Agreement. Upon the termination of the Agreement, CITY shall remove all removable
fixtures and all other improvements shall revert to the ownership of the COUNTY and the execution of
this Agreement shall act as a Bill of Sale for such improvements at such time.
SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDMG EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that
there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No
changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or
addition is in writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If
the COUNTY CEO and the City Manager for the CITY cannot resolve the dispute it will be submitted to
arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall
be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW.
The costs of the arbitration panel shall be equally split between the PARTIES.
SECTION NO. 16: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State of
Washington and it is mutually understood and agreed by each party that this Agreement shall be
governed by the laws of the State of Washington both as to interpretation and performance. Any action at
law, suit in equity, or other judicial proceeding for the enforcement of this Agreement, or any provision
hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 17: SEVERABILITY
The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be
illegal, the validity of the remaining portions or provisions shall not be affected and the rights and
obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should
appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the
State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed
to modify to conform to such statutory provision.
Page 7 of 11
SECTION NO. 18: RECORDS
All public records prepared, owned, used or retained by the either party in conjunction with meeting its
responsibilities under this Agreement shall be made available to the other party upon written requests
subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law.
SECTION NO. 19: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit
or extend the scope or intent of the sections to which they pertain.
SECTION NO. 20: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NO. 21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders either party meeting its
obligations under the terms of this Agreement legally impossible, and any other circumstances beyond
the control of the either party which render legally impossible the performance by that party its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 22: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the party for purposes of confirming this Agreement.
SECTION NO. 23: COMPLIANCE WITH LAWS
The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that
they may be applicable to the terms of this Agreement.
SECTION NO. 24: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either party's authority or powers under law.
Page 8 of 11
SECTION NO. 25: ANTI- KICKBACK
No officer or employee of the CITY, having the power or duty to perform an official act or action related to
this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a
present or future gift, favor, service or other thing of value from or to any person involved in the Agreement.
SECTION NO. 26: NON-DISCRIMINATION
No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination
under, or denied employment in the administration of or in connection with this Agreement in violation
of local, state or federal law.
SECTION NO. 27: NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or
right, greater than that enjoyed by the general public, to third persons.
SECTION NO. 28: THIRD PARTY CLAIMS
CITY and COUNTY agree to support each other in defending their respective rights with regard to this
Agreement. Neither party shall file a claim against the other party for damages pertaining to the rights
granted herein that may arise from alleged defects of title, provided that claims based on eminent domain,
adverse possession or prescription asserted by either Party against third parties may be made.
SECTION NO. 29: WAIVER
No officer, employee, agent or otherwise of either party, has the power, right or authority to waive any of
the conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall be held
to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall
be taken and constructed as cumulative, that is, in addition to every other remedy provided herein or by
law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at
any time performance by the other party of any provision hereof, shall in no way be construed to be a
waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the
right of either party to hereafter enforce each and every such provision.
SECTION NO. 30: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section No. 3 above.
B. DURATION: See Section No. 4 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal
or administrative entity is created to administer the provisions of this Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See provisions above.
Page 9 of 11
E. AGREEMENT TO BE FILED: The CITY shall file this Agreement with its City Clerk or place it
on its website. The COUNTY shall file this Agreement with its County Auditor or place it on its
web site or other electronically retrievable public source.
F. FINANCING: Each Party shall be responsible for the financing of its contractual obligations
under its normal budgetary process.
G. TERMINATION: See Section No. 4 above.
H. PROPERTY UPON TERMINATION: See provisions above.
REPRESENTATIVES: The PARTIES hereby appoint those individuals set forth in Section No. 8
as their respective representatives for the purpose of administering this Agreement.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and
year opposite their respective signatures.
DATED: /C;?
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ATTEST
Clerk of the Board
Daniela Erickson
DATED: l.Z %/ L
SERL .. • � �lF'
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
TODD MIELKE, Chairper n
CIT POKANE VALLEY
By:
Attest:
Title: (r / �` ^ a G+/
Ity Clerk
Approved as to form:
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Office oft e City Attor4
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ATTACHMENT "A"
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NO. A? — D*5,3
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING A )
INTERLOCAL AGREEMENT BETWEEN )
SPOKANE COUNTY AND CITY OF SPOKANE ) RESOLUTION
VALLEY REGARDING MULTI -USE TRAIL )
ALONG A PORTION OF FORMER MILWAUKEE )
RAIL RIGHT -OF -WAY )
WHEREAS, pursuant to RCW 36.32.120(6), the Board of County Commissioners of
Spokane County has the care of COUNTY property and the management of COUNTY funds and
business; and
WHEREAS, pursuant to 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 areas; 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 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, commonly referred to as the "Milwaukee Right-of-
Way"; and
WHEREAS, Spokane County and City of Spokane Valley desire enter into an interlocal
agreement to use a portion of the Milwaukee Right of Way located within the City of Spokane
Valley, namely from University Road to where the Milwaukee Right -of -Way intersects with
Tschirley Wye Road, Appleway Boulevard, Sprague Avenue and Corbin Road for a multi -use
trail and potential linear park 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.
Page 1 of 2
WHEREAS, Spokane County and City of Spokane Valley both recognize that having a
multi -use trail along a portion of the Milwaukee Right -of -Way will provide an important regional
alternative transportation and recreation amenity to the residents of Spokane County, including
City of Spokane Valley. The multi -use trail is included in the CITY's adopted Bicycle and
Pedestrian Maser Program. The multi -use trail would be a major link in providing an alternative
transportation network through the central portion of the City of Spokane Valley to the City of
Liberty Lake.
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 "INTERLOCAL AGREEMENT BETWEEN SPOKANE
COUNTY AND CITY OF SPOKANE VALLEY REGARDING MULTI -USE TRAIL ALONG A
PORTION OF FORMER MILWAUKEE RAIL RIGHT -OF WAY" upon notification from the City of
Spokane Valley that it's terms and conditions are acceptable, pursuant to which under certain terms
and conditions Spokane County will allow the City of Spokane Valley to use a portion of the
Milwaukee Right of Way located within the City of Spokane Valley, namely from University Road
to where the Milwaukee Right -of -Way intersects with Tschirley Wye Road, Appleway Boulevard,
Sprague Avenue and Corbin Road for a multi -use trail and potential linear park 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.
PASSED AND ADOPTED this 4V qd of , 2012.
Ej coti r�
Aft
ATTEST:
Daniela Erickson
Clerk of the Board
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
TODD MIELKE, Chair
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MA HARD, Vice -Chair
AL FRENCH, mmissioner