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1.9 Owner. <br />"Owner" means the person or persons, including Declarant: <br />(a) Who holds fee simple title to a Lot; <br />(b) Who has contracted to purchase the fee simple title to a Lot, or a <br />lease of a Lot for an original term of not less than thirty (30) years, under a recorded <br />written agreement, in which case the seller under any such purchase agreement shall cease <br />to be the Owner while said agreement is in effect; or <br />(c) A lessee of a Lot under a recorded lease from the Owner of the fee <br />simple title to said Lot for a term of not less than thirty (30) years, in which case the <br />lessor under any such lease shall cease to be the Owner while said lease is in effect. <br />1.10 Person. <br />"Person" means a natural individual, corporation, partnership or any other legal entity. <br />1.11 Record. <br />"Record", "recorded", or "recordation" means, with respect to any document, the <br />recordation or filing of such document in the Bureau of Conveyances and/or in the Office <br />of the Assistant Registrar of the Land Court of the State of Hawaii, as appropriate. <br />ARTICLE II. USE RIGHTS AND RESTRICTIONS <br />2.1 Use Limitations. <br />Every Lot (other than the Roadway Easement) within `KA AINA PONO SUBDIVISION' <br />shall be used as allowed under the state land use guidelines for the State and County of <br />Hawaii. No Lot (other than the Roadway Easement) shall be improved except with one <br />building or complex, designed to accommodate no more than one family and occasional <br />guests, plus such guests' quarters or other Improvements as are necessary or customarily <br />incidental to a single family home. No ohana dwelling or other second dwelling of any <br />type or nature shall be permitted on any Lot within 'KA AINA PONO SUBDIVISION'. <br />DISCLOSURE: The Declarant hereby notifies all lot owners and future lot owners of <br />`KA AINA PONO SUBDIVISION', that: <br />a) The Owner of Parcel 16 has recorded Grants of Easements for access and <br />utility purposes in favor of six lots north of 'Ka Aina Pono subdivision' <br />(identified on the Assessors Tax Map as TMK (3) 7-5-011: Por 14 (four 5-acre <br />lots), 27 and 38, and three lots east of `Ka Aina Pono subdivision' (identified <br />as TMK (3) 7-5-011:47 and 48), for a total of nine lots exclusive and <br />regardless of any voting percentages of the lot owners of `KA AINA PONO <br />SUBDIVISION'. <br />b) There is an existing 16" transmission water line in a waterline easement of <br />Road F that will continue through Road F between Lot 32 and 33 in favor of <br />7 <br />