For more than two decades, hundreds of residents and avid hikers looked forward to the annual trek up El Toro mountain, known to longtime residents as Murphy’s Peak. But, the threat of a lawsuit has curtailed the hike for the second consecutive year.

The problem is that in 2011, the city, the property owner and the Morgan Hill Historical Society that leads the hike, discovered the trail up the eastern face of the mountain, is on private property.

Hikers have long thought that a fence near the peak that intersects the trail denoted the property line – on one side lying preserved open space owned by Santa Clara County, and on the other lying private property. But the actual property line is further east, toward the bottom of the hill. This means that the trail that faces the valley is on public land, the rest is private.

“It’s the same story as last year,” said Knopf. “As far as the historical society, it’s canceled until there is clear title for the city to allow that, or there is an easement or agreement with the land owner.”

And therein lies the problem. In today’s litigious society, what property owner wants to subject themselves to that risk?

Now is the time to take advantage of an opportunity. The city is applying for a $44,835 grant to support funding for phase 1 of the El Toro Trail project that would take the trail halfway up the mountain while Phase II will extend the trail to the peak.

Let’s explore other options for finishing the project.

In 2006, voters passed the Park Charter that allocates money specifically for county parks that expires in 2021.

The annual allocation varies according to the assessed property tax and based on current projections, it is anticipated that about $5.5 million to $6 million goes to the acquisition fund annually. Right now, the fund balance is $21.5 million, however due to current obligations, the available portion of that is now about $18.3 million.

You think now might be a good to time to hit up the County Parks system to help build a linear park? Imagine a trail up the mountain open every day, with school children taking field trips, recreational hikers trekking up the hill, and monthly or weekly guided tours to the top.

If you’ve never been, the view is incredible.

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