Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-12

4 the utilities for which said easements are designed. The right is hereby reserved by the undersigned, their grantees, successors and assigns to rescind any right or privilege granted to any public service corporation to use said ease­ments in the event of a failure to supply any one insaid "Ellis Estates with gas or electric service or telephone service; and if it should be found necessary or impracticable to use said easement or easements for the purpose for which they are reserved, the undersigned, their grantees, successors or assigns reserve the right to cause the same to be expunged from said plat or map by the execution and recording of such an instrument as may be necessary. 5. (A) STREET IMPROVEMENTS: Ellis Avenue and Desert Lane, as shown on the approved Plat of said Ellis Estate on file at the office of the Clark County Recorder, shall, when curb and gutter and street improvements are made, be improved at the expense of the owners whose land abuts and/or is immediately adjacent to said streets, and said streets, curbs and gutters, when installed, shall be installed subject to the approval of the governing Board of the City of Las Vegas and should said improvements fail to be installed by said owners as provided herein, then the City of Las Vegas may install said improvements and the cost thereof shall become a lien against the owners whose land abuts and/or is immediately adjacent to said improvements. 5. (B) FIRE PROTECTION: Fire hydrants of the steamer type supplied by a 4-inch waterline shall be installed throughout the tract at the expense of owners, in such manner that no dwelling unit in said tract will be more than 300 feet distant from a fire hydrant; the said fire hydrants shall be installed ready for use upon completion of said dwelling units; and should the affected property owners fail to provide and install such fire hydrants at their own expense by the time said dwelling units, or any of them, are completed and ready for occupancy, then and in that event the City of Las Vegas, may install the necessary fire hydrants in accordance with the herein requirements, and the cost thereof shall be come a lien against the property served in proportion to the service provided. 6. DURATION OF COVENANTS: These covenants are to run with the land and shall be binding on the parties hereto and all the parties and persons claiming under them until January 1, 1969, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote of the majority of the then owners of the plots it is agreed to change the said covenants in whole or in part. 7. VIOLATION OF COVENANTS: If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in the above described "Ellis Estates" to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violations. Any violation shall not invalidate the lien of any mortgage or deed of trust made in good faith and for value. 8. INVALIDATION OF COVENANTS: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 9. ASSIGNMENT OF POWERS: Any and all of the rights and/or powers of the undersigned herein contained as to any of the said property, may be delegated, transferred, assigned or conveyed to any person, corporation or association, and wherever the undersigned are herein referred to, such reference shall be deemed to include their successors in interest as owners of the reversionary rights herein provided for. 10. EXISTING NON-CONFORMING BUILDINGS: Any dwelling, building or structure existing at the time this Declaration is duly executed and recorded that does not conform to the use or Architectural requirements as set forth in Sections One (1) and Two (2) hereof shall be