Notice regarding a civil action for right of way acquisition.
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- Published
- Category
- Foreclosure
- City
- Naples
- Case #
- 2026-CA-000289
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What to do next
- 1
Review the Notice
Carefully read the notice to understand your rights and obligations.
- 2
Contact Legal Counsel
If you are a defendant or have an interest in the property, consult with an attorney.
- 3
Attend Court Hearing
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Frequently asked questions
- What is the case number for the notice?
- The case number is 2026-CA-000289.
- What is the purpose of this notice?
- This notice is regarding a civil action for the acquisition of right of way.
- Who are the parties involved in this case?
- The petitioner is the State of Florida Department of Transportation, and the defendants include CDC Investment Properties, LLC.
- Where is the property located?
- The property is located along State Road 29 in Collier County, Florida.
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Full Notice Text
NOTICE TO SHOW CAUSE AND NOTICE OF SUIT IN THE CIRCUIT COURT IN AND FOR THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION NO.: 2026-CA-000289 PARCEL NO.: 113AB STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CDC INVESTMENT PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO CDC LAND INVESTMENTS, INC., FORMERLY KNOWN AS COLLIER DEVELOPMENT CORPORATION, A FLORIDA CORPORATION; ET AL, Defendants. STATE OF FLORIDA TO: Metlife Real Estate Lending, LLC, a Delaware limited liability company SERVE: The Corporation Trust Company, as Registered Agent 1209 Orange Street Wilmington, DE 19801 To all said Defendants who are living, and if any or all Defendants are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased Defendant or Defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit: F.P. NO. 4175405 SECTION 03080-000 STATE ROAD 29 COLLIER COUNTY DESCRIPTION PARCEL 113 ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY A) That portion of the southwest 1/4 of Section 28 and those portions of the northwest 1/4 and the northeast 1/4 of Section 33, all lying in Township 46 South, Range 29 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of the southwest 1/4 of said Section 28; thence along the north line of said southwest 1/4, North 885607 East a distance of 637.74 feet to the survey baseline of State Road 29 Bypass; thence along said survey baseline South 201536 East a distance of 396.43 feet; thence North 892128 East a distance of 121.03 feet for a POINT OF BEGINNING; thence South 201536 East a distance of 450.63 feet to the beginning of a curve having a radius of 8,836.00 feet; thence along the arc of said curve to the left a distance of 4,646.85 feet through a central angle of 300755 with a chord bearing South 351933 East and a chord distance of 4,593.48 feet to the end of said curve; thence North 443721 East a distance of 47.26 feet; thence South 454136 East a distance of 77.03 feet; thence South 441641 West a distance of 269.47 feet to the beginning of a curve having a radius of 9,071.00 feet; thence along the arc of said curve to the right a distance of 2,295.49 feet through a central angle of 142957 with a chord bearing North 434109 West and a chord distance of 2,289.37 feet to the end of said curve and to the beginning of a curve having a radius of 9,071.00 feet; thence along the arc of said curve to the right a distance of 1,033.67 feet through a central angle of 063145 with a chord bearing North 325943 West and a chord distance of 1,033.11 feet to the end of said curve; thence North 601609 East a distance of 5.00 feet to the beginning of a curve having a radius of 9,066.00 feet; thence along the arc of said curve to the right a distance of 1,498.57 feet through a central angle of 092815 with a chord bearing North 245943 West and a chord distance of 1,496.86 feet to the end of said curve; thence North 201536 West a distance of 532.61 feet; thence North 892128 East a distance of 244.17 feet to the POINT OF BEGINNING. Containing 28.085 acres ALSO B) Those portions of the northwest 1/4 and the northeast 1/4 of Section 33, Township 46 South, Range 29 East, Collier County, Florida. Being described as follows: Commence at the northwest corner of the southwest 1/4 of Section 28, Township 46 South, Range 29 East, Collier County, Florida; thence along the north line of said southwest 1/4, North 885607 East a distance of 637.74 feet to the survey baseline of State Road 29 Bypass; thence along said survey baseline South 201536 East a distance of 887.70 feet to the beginning of a curve having a radius of 8,950.00 feet; thence continue along said survey baseline the arc of said curve to the left a distance of 2,499.27 feet through a central angle of 155959 with a chord bearing South 281536 East and a chord distance of 2,491.16 feet to the end of said curve; thence South 534425 West a distance of 121.00 feet to the beginning of a curve having a radius of 9,071.00 feet for a POINT OF BEGINNING; thence along the arc of said curve to the left a distance of 2,295.49 feet through a central angle of 142957 with a chord bearing South 434109 East and a chord distance of 2,289.37 feet to the end of said curve; thence South 441641 West a distance of 209.16 feet to the easterly existing right of way line of Madison Avenue West, also known as Madison Avenue, Newmarket Subdivision (as per plat thereof recorded in Plat Book 1, Page 104, Public Records of Collier County, Florida); thence along said easterly existingright of way line North 454136 West a distance of 2,292.59 feet; thence North 451204 East a distance of 289.39 feet to the POINT OF BEGINNING. Containing 10.565 acres You are each notified that the Petitioner filed its Petition and its Declaration of Taking in this Court against you as Defendants, seeking to condemn by eminent domain proceedings the above described property located in the State of Florida, County of Collier. The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable James F. Stewart, one of the Judges of this Court, on the 4th day of May, 2026, at 1:30 oclock, P.M., via Zoom: Zoom ID: 820 195 9326 Zoom Link: https://zoom.us/j/8201959326?amp_device_id=d65646f9-d1db-44ca-be17-922db1804eba for an Order of Taking in this cause. All Defendants to this suit may request a hearing at the time and place designated and be heard. Any defendant failing to file a request for hearing shall waive any right to object to the Order of Taking. AND The defendants, and any other persons claiming any interest in the property described, are hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on: CHRISTOPHER K. VOGEL Florida Bar No. 343412 ASSISTANT GENERAL COUNSEL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Post Office Box 1249 Bartow, Florida 33831 Telephone: (863) 519-2623 christopher.vogel@dot.state.fl.us allison.eldridge@dot.state.fl.us on or before the 4th day of April, 2026, and file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition. If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking. If you are an individual with a disability who needs an accommodation in order to participate in a court proceeding or other court service, program, or activity, you are entitled, at no cost to you, to the provision of certain assistance. Requests for accommodations may be presented on this form, in another written format, or orally. Please complete the attached form (see website) and return it to crice@ca.cjis20.org as far in advance as possible, but preferably at least seven (7) days before your scheduled court appearance or other court activity. Upon request by a qualified individual with a disability, this document will be made available in an alternate format. If you need assistance in completing this form due to your disability, or to request this document in an alternate format, please contact Charles Rice, Administrative Court Services Manager,, (239) 252-8800, e-mail crice@ca.cjis20.org WITNESS MY HAND AND SEAL of said Court on the day of 02/12/2026. CLERK OF THE CIRCUIT COURT (S E A L) BY: Elizabeth Ramirez Deputy Clerk CHRISTOPHER K. VOGEL Florida Bar No. 343412 ASSISTANT GENERAL COUNSEL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Post Office Box 1249 Bartow, Florida 33831 Telephone: (863) 519-2623 christopher.vogel@dot.state.fl.us allison.eldridge@dot.state.fl.us February 20, 27, 2026 26-00260C
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