The plant in your lower picture is a willow.

The closest thing I can think of is lemon verbena. Does it have leaves coming out of the stem in threes, spaced around the stem? However, your leaves look too elongated. I also think it's not an herb but a willow.

Thanks for the response, going to cut it down..no idea why I would have a Willow tree growing as I have not bought that to put in the garden. Unless I bought something that was labeled wrong. again thanks for the response

Willow seed is light, fluffy and windborn so it could have come in from miles away. You'll need to pull it out. If you cut it it will regrow.