The commissioner of the division of capital asset management and maintenance, on behalf of and in consultation with the commissioner of the department of conservation and recreation notwithstanding sections 40E to 40J, inclusive of chapter 7 of the General Laws, is hereby authorized to convey two easements in a certain parcel of land, currently under the care and control of the department of conservation and recreation for recreation purposes, to the town of Princeton, Princeton Municipal Light Department, their successors and assigns, for public utility access and purposes, subject to the requirements of sections 2, 3, 4 and 6, and  such additional terms and conditions consistent with this act as the commissioner of the division of capital asset management and maintenance may prescribe in consultation with the department of conservation and recreation. Said easements are shown on a plan entitled "Princeton Wind Farm Infrastructure Improvements, Princeton, Massachusetts" dated February 25, 2004 prepared by Epsilon Associates and on plan entitled “Windmill Farm Access Road Plan and Details”, dated March 9, 2004 prepared by Goldsmith, Prest & Ringwall, Inc.  Said easements are further described as follows: 

The first easement, known as Stage Coach Trail Access Road, may be granted for the purpose of maintaining a gravel access road to the Town of Princeton’s Wind Farm.  Said easement allows for the right to enter upon and use said Stage Coach Access Road to access land of the Town of Princeton subject to such reasonable conditions as may be imposed by the department of conservation and recreation consistent with the provisions of any Certificate of the Secretary of Environmental Affairs in the matter of EOEA file number 13229 and a second easement, known as the overhead wind farm electrical feeder, may be granted for the maintenance, improvement, replacement and operation of wires, pipes, conduits, poles and other appurtenances for the conveyance of electricity and for telephone communications from Westminster Road, Princeton MA to the Town of Princeton Wind Farm. 

SECTION 2. No deed conveying, by or on behalf of the commonwealth, the easements described in section 1 shall be valid unless such deed provides that said easements shall be used solely for the purposes described in section 1.  The deed shall include a reversionary clause that stipulates that the interest in land will revert back to the commonwealth and assigned to the care, custody and control of the department of conservation and recreation if the property ceases to be utilized for the express purposes for which it was conveyed.

SECTION 3. The grantees of said easements shall assume the cost of any appraisals, surveys and other expenses deemed necessary by the commissioner of the division of capital management and maintenance for the granting of title or easement.

SECTION 4. The grantees shall compensate the commonwealth through the transfer of land or an interest of land to the department of conservation an recreation, equal to or greater than the full and fair market value of the property described in section 1, or its value in use as proposed, whichever is greater, as determined by independent appraisal, or in a sum equal to the full and fair market value of the property or its value in use as proposed, whichever is greater, as determined by independent appraisal, or through some combination thereof. , including, but not limited to:,  The board of selectman of the town of Princeton, acting on behalf of its Light Department, will transfer an interest of lands of equal or greater value.  The transfer will include the extinguishment of the Town of Princeton’s existing easement over lands under the care, custody and control of the department of conservation and recreation within the Town of Princeton.  Said easement is known as, the legal right of way to the wind farm, located on Westminster Road, Princeton MA.  The Town of Princeton will also transfer a certain lands along the south-east border of its 16 acre wind farm site known as the Harrington Trial and such other transfers of lands and/or interests in lands and provision of services as may be set forth in the Secretary’s Certificate in the matter of EOEA File Number 13229.

SECTION 5. The commissioner of the division of capital asset management and maintenance shall, 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment.  The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment.  The commissioner of the division of capital asset management and maintenance shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to the execution.  The grantees of said property shall transfer the land or interest in land or pay the purchase price as determined in accordance with section 4 as set forth in the agreement and section 6 of this act.

SECTION 6. Any compensation, whether in the form of property or funds, received by the commonwealth pursuant to sections 4 and 5 of this act shall be deposited in the Conservation Trust established pursuant to section 1 of chapter 132A of the General Laws for capital improvements within state forests and parks to enhance conservation, recreation and public access.